If the jury find the defendant guilty, the judge will decide on an appropriate sentence. He/she will then discharge the jury, and if the case has been long and distressing, excuse the jurors from any further jury service. If the jury find the defendant not guilty, the judge will free the defendant. He/she will then discharge the jury and make appropriate order about the cost of the trial.
b) The first stage in which judges are appointed is an advertisement. Most positions are advertised widely in the national press, the legal press and online. The Judicial Appointments Commission also runs roadshows and other outreach events. These are designed to explain the selection system to potential applicants and to encourage them to consider a judicial career. Each appointment is start with the design of an application form and information pack. The information pack includes details of the eligibility criteria and guidance on the application process.
Once the candidate has completed the application form and it is received by the Judicial Appointments Commission it is checked to make sure of the candidate’s eligibility for the post. At the same time an assessment is made of the good character of the candidate.
Candidates are asked on their application form to nominate up to three referees. The Judicial Appointments Commission may also seek references from a list of Commission nominated referees, which is published for each selection exercise. In all cases, references will form part of the information that the Judicial Appointments Commission will use to make final selection recommendations. Shortlisting is then done.
The next stage of the assessment will vary depending on the nature of the post to be filled. Candidates might be asked to attend a selection day, which might consist of a combination of role-plays and an interview. For some specialist and the most senior appointments, there might only be a panel interview, as the candidate’s ability as a judge at one level is already known. Interview panel members assess all the information about each candidate, prepare reports on their findings and agree which candidates are best.
There is then a statutory consultation. This is required by the Constitutional Reform Act 2005 and means that the panel’s reports on candidates are send to the Lord Chief Justice and another person who has held the post or has relevant experience. The Commissioners consider all the information gathered on the candidates and select candidates to be recommended to the Lord Chancellor for appointment. Final checks are then done.
For existing judges seeking promotion, this is with the Office for Judicial Complaints, to see that there are no complaints outstanding against the candidate. For all other candidates recommended for appointment, a series of good character checks are done with the police, Revenue and Customs and relevant professional bodies. The Lord Chancellor may also require candidates to undergo a medical assessment before the appointment is confirmed. This should then result in the best candidates being appointed and is a fair and open system.
c) The Office for Judicial Complaints was set up by the Constitutional Reform Act 2005 to handle complaints about the personal conduct of all judges and to provide advice and assistance to the Lord Chancellor and Lord Chief Justice in the performance of their new joint role of considering and deciding about complaints. The objective is that all judicial disciplinary issues be dealt with consistently, fairly and efficiently. The complaints must be about the personal conduct of the judge and no the actual decision made by him/her.
The OJC may dismiss a complaint, or part of a complaint, if it fails to meet the criteria set out in the judicial discipline regulations. If the case is not dismissed by the OJC, the Lord Chancellor and the Lord Chief Justice will consider the evidence and decide what action, if any, is appropriate. In certain complex cases the matter may be referred to a senior Judge for a judicial investigation
If a complaint is upheld the Lord Chief Justice and the Lord Chancellor may decide to take disciplinary action against the Judge. However any such disciplinary action is a separate matter from the court case so it will not alter the outcome of the case.
It is however, hard to dismiss a judge; any judge at High Court level and above cannot be dismissed without a vote of both houses of parliament and none has been sacked within living memory.