Appointment of Judges in United Kingdom

Constitutional Reform Act 2005

Civil Liberties

Consultation Paper 2003

Consultation Paper 2011

In 2011, the Ministry of Justice published a consultation document entitled “Appointments and Diversity: A Judiciary for the 21st Century”. It can be accessed on the website of the Ministry of Justice at: https://www.justice.gov.uk/downloads/consultations/judicial-appointments-consultation-1911.pdf

“Following this consultation process the Crime and Courts Bill has been presented to Parliament. This would introduce a range of reforms to the appointment process to increase diversity and further reduce the role of the Lord Chancellor. It will allow selecting panels to positively favour those from under-represented backgrounds, if two candidates are of equal merit. It will enable judges to be appointed part-time for senior courts as well as lower courts which should facilitate women with childcare responsibilities being able to hold this office. With regard to the composition of the Judicial Appointments Commission, the Bill states thatthe number of Commissioners who are judicial office holders must not be greater than the number of non-judicial office holders. The aim is to reduce the risk of the Commission simply appointing more ‘chaps like us’, though there must always be at least one judicial member involved in the selection process. The Lord Chancellor’s powers with regard to judicial appointments to positions below the High Court will be transferred to the Lord Chief Justice and for tribunal judges to the Senior President of the Tribunals. Tribunal judges have not to date been allowed to sit in the courts and their career path has been very separate from the courts. The Crime and Courts Bill provides for judges to work flexibly in different courts and tribunals of equivalent or lower status to respond efficiently to the needs of the legal system.”

Source: English Legal System (Elliot)

See Also

Judicial Appointments
Reform of the Judiciary