Judicial Appointments

Question 1

Who were senior judicial appointments traditionally made by?

Answer 1

the monarch on the advice of the PM and the Lord Chancellor

Question 2

What was the process known as by which the Lord Chancellor customarily consulted serving senior judges before making judicial appointments?

Answer 2

“secret soundings”

Question 3

What was “secret soundings” a term for?

Answer 3

a term for the process in which the Lord Chancellor would consult with serving senior judges before helping the PM and monarch decide who to appointment

Question 4

Although lower-level vacancies in the senior judiciary such as the High Court were advertised, did the Lord Chancellor have to appoint from among those who had formally applied?

Answer 4

No, the Lord Chancellor was under no obligation

Question 5

Why was it said the system for judicial appointments lacked transparency, comprised the proper separation of powers and resulted in senior judiciary being drawn exclusively from a narrow social circle ? (2)

Answer 5

As the Lord Chancellor was under no obligation to point from among those who had applied and attended “secret soundings” with serving senior judges

Question 6

In what year did Labour announce plans to transfer the Lord Chancellors power over senior judicial appointments to a new independent Judicial Appointments Commission?

Answer 6

2003

Question 7

In 2003, who did Labour announce plans to transfer the Lord Chancellors power over senior judicial appointments to?

Answer 7

a new independent Judicial Appointments Commission?

Question 8

In 2008 the Guardian reported that the new JAC had approved 21 individuals to become High Court Judges, and 10 of these had already been given posts. Of these 10 what were common characteristics?

Answer 8

• All white, male and former barristers

- Of the 9 educated in Britain, six went to leading independent schools belonging to the HMC

Question 9

Which Newspaper in 2008 found that 10 of the 21 individuals to become High Court Judges had already been given posts and were all white, male and former barristers in which 6 went to leading independent schools belonging to the HMC of the 9 who were educated in Britain ?

Answer 9

the Guardian

Question 10

In evidence to the Justice Select Committee in 2008, the then Justice Minister Jack Straw conceded that of those recommended for judicial appointment at all levels by the JAC in its first year 2006-7, how many were from an ethnic minority and how many were women?

Answer 10

• 8% ethnic minority

- 34% women

Question 11

Who was the Justice Minister in 2008?

Answer 11

Jack Straw

Question 12

To which select committee in 2008 did Justice Minister Jack Straw submit evidence?

Answer 12

Justice Select Committee

Question 13

What did the Justice Minister Jack Straw concede to the Justice Select Committee in 2008?

Answer 13

That of those recommended for judicial appointments at all levels by the JAC in its first year 2006-7 only 8% were from an ethnic minority and only 34% women

Question 14

In the evidence submitted by the Justice Minister Jack Straw to the Justice Select Committee in 2008 who conceded that of those recommended for judicial appointment at all levels of the JAC in its first year 2006, how did did
-8% ethnic minority
-34% women
compare to year before in 2005/6?

Answer 14

In 2005/6
ethnic minority backgrounds were- 14%
women were-41%

Question 15

In response to the evidence conceded by the Justice Minister Jack Straw to the Justice Select Committee in 2008, what did the JAC say in response?

Answer 15

That it had appointed ‘on merit and merit one using section processes that are open and fair to all applicants regardless of their gender, race or background

Question 16

Who was the president and deputy president of the UKSC on creation?

Answer 16

Lord Philips

Lord Hope

Question 17

Although the 11 former Law Lords remained members of the upper house (HOL) what were they prohibited from doing?

Answer 17

prohibited from sitting and voting in the legislature for as long as they remained justices of the Supreme Court

Question 18

What 2 things must applicants have in order to be considered for appointment as a Justice of the Supreme Court ?

Answer 18

1) held high judicial office for at least 2 years

2) been a qualifying practitioner for a period of 15 years

Question 19

What are Qualifying practitioners (3)?

Answer 19

• a holder of a Senior Courts qualification
• an advocate in Scotland or a solicitor entitled to appear in the Scottish Court of Session and the High Court of Justiciary
• a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland

Question 20

What was the Judicial Appointments Commission set up to do?

Answer 20

to select other members of the senior judiciary

Question 21

Where will vacancies in the Supreme Court be filled by?

Answer 21

a Selection Commission separate from the JAC

Question 22

Who are the 5 members of the Selection Commission ?

Answer 22

1) President of the Supreme Court
2) deputy president of the Supreme Court
3) one member of the JAC
4) one member of the Judicial Appointments Board for Scotland
5) one member of the Northern Ireland Judicial Appointments Commission

Question 23

What is the 6 step appointments process?

Answer 23

under the new system

1) a vacancy arises
2) a 5 member Selection Committee consider possible nominees
3) the Commission submits a report to the Lord Chancellor naming a nominee
4) Lord Chancellor has 3 options
a) accept nomination
b) reject selection
c) require commission to reconsider
5) Once ‘notified’ the PM must recommend the approved candidate to the queen
6) The individual is appointed a Justice of the Supreme Court when Her Majesty issues letters patent

Question 24

Once the Selection Committee has submitted a nominee to the Lord Chancellor, what 3 options does the Lord Chancellor have?

Answer 24

1) to accept selection
2) to reject section
3) to require the commission to reconsider its selection

Question 25

How is the Lord Chancellor limited in their ability to reject nominees?

Answer 25

They are not permitted to reject repeatedly names put forward by the commission