How is the judiciary selected?

Yet it is easy for any debate
in the media to reduce the arguments down to eye-catching headlines. These headlines may not fully reflect either the views of those involved, or the work being
done to increase diversity by the independent body that I chair, the Judicial Appointments Commission (JAC), alongside
key partners that include the judiciary, the government,
and professional bodies.

A great deal has changed in the selection of judges since the JAC was established by the Constitutional Reform Act 2005. We select judges on merit through an independent, fair, and transparent process. In assessing the merit of candidates, the JAC uses a set of competencies, such as 'exercising judgement' and 'working and interacting with others'. This ensures candidates must demonstrate a diverse range of skills to be a judge.

We also have a diverse range of people who select judges: eight of our 15 commissioners and 60 per cent of the lay panelists who interview and assess judges are women. Assessments are made by panels, with each generally comprising a judicial panel member and two lay members. This ensures there is a wide set of perspectives and experiences in the decision-making process.

We have a statutory duty to encourage diverse candidates to apply, and the rate of women and black and minority ethnic applications and selections has improved across all main court roles since the JAC was established. Over the past three years, between 44 per cent and 52 per cent of the JAC's recommendations to legal roles have been women (a total of 459).

A number of changes have been made through the Crime and Courts Act 2013 that I believe will also help promote judicial diversity. These measures include extending the availability of salaried part-time working to
the senior courts.

The JAC has also implemented the 'equal merit' provision, so that where two or more candidates are of equal merit, a candidate can be selected on the basis of improving the diversity of the judiciary. The policy is applied
at the final selection decision-making stage in respect of gender and race, where there is clear under-representation among the judiciary.

Selection panels for senior appointments have also become more diverse, and the process for appointing to senior positions is now more open and transparent.

As my colleague Alexandra Marks, the solicitor commissioner at the JAC, has emphasised, the journey to greater diversity is not a linear progression. There is a lot happening behind the headlines to improve diversity in the judiciary, and women are doing well across the range of JAC competitions. All potential candidates, whether men or women, should be confident that if they want to apply to be a judge, they will be assessed fairly and independently on their skills and experience.

Christopher Stephens is chair of the Judicial Appointment Commission @becomeajudge jac.judiciary.gov.uk

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