selection and appointment of judges Flashcards
state and describe the qualifications of a justices of senior court
-justices of the supreme court are appointed from those who hold high judicial office
-judges can also be appointed from those who have qualified to appear in courts in scotland or nothern ireland for at least 15 years since they are appeallate courts of such countrie
it needs to ba a barrister or solicitor
-judges are appointed though the method set in the constitutional reform act 2005
-there is a supreme court selection commission
-the commission will select a candidate and report to the lord chancellor
-the lord chancellor has to accept the commission nomination
the LC notifies the prime minister who recommends the appointment to the queen and then the queen formally makes the appointment
state and describe the qualifications of a lord justices of appeal
-must be an existing high court judge
-experience in law for at least 7 years and be qualified as a barrister and solicitor
-the selection process starts by LC requesting the JAC to convene a selection panel following an interview
-lords justice of appeal are selected by the queen
state and describe the qualifications of a high court judge
-experience in law for at least 7 years or
-be a circuit judge for 2 years
-be a solicitor or barrister
-the vast majority of high court judges are appointed from barristers who have been in practice for 20 to 30 years
-candidates do not have to be a deputy high court judge or queen’s conseul
-they are expected to have judicial experienced at a lower level
-they are appointed by the queen
state and describe the qualifications of a circuit judge
-7 years experience in law, and be a qualified solicitor or barrister
-Recorder or District Judge for 3 years because the courts and legal services act 1990 which allowed promotion
-about 13 per cent of circuit judges are former solicitors
-all applicants must do an online qualifying test to asses their abilities to perform judicial roles
state and describe the qualifications of recorders
-In order to be a recorder, must have been qualified as barrister or solicitor and have gained experience in law for at least 7 years
-applicant is appointed as a record in training first and then appointed as a recorder
state and describe the qualifications of a district judge
-5 years experience in law and be a qualified barrister or solicitor or sat part-time deputy district judge
the vast majority of district judges in the county court are former solicitors
-under the tribunals, court and enforcement act 2007,CILEx fellows can now be appointed as deputy district judges
-the system of selection JAC has led to improved diversity in the judiciary
-this can be seen by comparing the percentage of women and BAME judges now with 20 to 30 years ago
describe the judicial appointments commission JAC
-The selection of judges is managed by the Judicial Appointments Commission.
- Created by Constitutional reform act 2005 -selects over 500 people each year
- The commission advertises its selection exercises on its website, through its email newsletter and on Twitter
-. For superior-level judges, commission selects a candidate and recommends them for appointment to the Lord Chancellor Lord Chancellor can accept or reject the recommendation, or ask the panel to reconsider
However, the power of the Lord Chancellor to accept or reject the recommendation was criticized, as it doesn’t guarantee the judiciary full independence, thus now in order for Lord Chancellor to make a decision he must agree with the Lord Chief Justice
- For Inferior level judges, all judges below high court level are appointed by the Lord Chief Justice after recommendation by
the Judicial Appointments commission
What are the processes for appointing judges
-Appointments are made solely on merit
-The commission is entirely responsible for assessing the merit of the candidates and selecting candidates for appointment
-No candidate can be appointed unless recommended by the commission
-The commission must consult the Lord Chief Justice and another judge of equivalent experience before recommending a candidate for appointment
what are the required judicial qualities
-if a person has a criminal conviction, they would not be considered for judicial appointment, exception: motoring offenses Intellectual capacity
- Personal qualities, including integrity, independence of mind,
- sound judgement, etc.
- ability to understand and deal fairly
-authority and communication skills
- efficiency
- good character
give an example of a motoring offence that will unable candidates to be appointed in judicial
R(Graham stuart jones) v JAC 2014
Where an applicant for appointment as district judge had seven penality pointa on his driving licence
the commission rejected him because in guidelines state that having more than six points prevents selection
