The judicial appointments system: How we collaborate with others through the selection process
The judicial appointments process is a complex, multi-stage system which requires vast amounts of collaboration with other organisations. We work closely with organisations across the legal sector to plan and deliver judicial selection processes and ensure that eligible candidates are encouraged, prepared, and supported to apply for judicial roles.
Development of the judicial pipeline (Back to top)
We work with organisations within the legal sector who are responsible for developing the judicial pipeline (those currently eligible, or who may be eligible in the future, to apply for judicial roles) and undertake outreach to encourage a diverse range of people to consider applying.
We speak about our selection process at events run by a wide range of groups, and help the legal profession to develop programmes designed to support candidates in making strong judicial applications, including the Pre-Application Judicial Education (PAJE) programme.
We work with a range of different organisations to support diversity within the judiciary by supporting candidates from underrepresented groups and breaking down barriers to application. We are a member of the Judicial and Legal Diversity Board (JLDB), co-chaired by the Lord Chancellor and Lady Chief Justice, which brings together us (the JAC), judiciary, Ministry of Justice (MoJ) and the legal professions (the Law Society, Chartered Institute of Legal Executives, Bar Council, and Legal Services Board) to provide strategic direction, address structural barriers to appointment, analyse differential outcomes, and coordinate joint activities to increase judicial diversity.
The judicial appointments cycle
1. Judicial Recruitment Planning (Back to top)
His Majesty’s Courts and Tribunals Service (HMCTS) is responsible for determining the number and location of the vacancies to be filled in each selection exercise and deciding on the specific requirements for each post. HMCTS is responsible for forecasting judicial requirements based on the requests of the courts and tribunal jurisdictions and providing supply and demand data. The Judicial Office (JO) identifies requirements for leadership roles and other senior appointments.
When considering requirements, HMCTS must consider, among other things, known retirements, workload trends, deployment, HMCTS reforms, and financial implications. These requirements are considered and prioritised by the MoJ and signed off by the Lord Chancellor.
Requirements for the full year ahead are agreed by HMCTS, MoJ, the judiciary and us and prioritised in advance of the next financial year. Following this, we produce a detailed selection exercise programme.
2. JAC Exercise Planning (Back to top)
HMCTS outline the specific requirements of an exercise, which includes the type of role to recruit for and the number of vacancies available. This is known as a Vacancy Request (VR). Once we receive this request, we can start planning for exercise delivery.
Approximately four months before the launch of an exercise (earlier for larger exercises, and sometimes less for smaller, more urgent exercises) our planning begins, and the MoJ arranges for a Delivery Team to be set up to design how the exercise will be run.
A final VR from the Lord Chancellor (details agreed with senior judiciary) confirms the details of the posts, the locations, jurisdictions, and the terms and conditions for the role. The judiciary (through JO) provides us with a job description.
3. Exercise Delivery (Back to top)
Selection process
The selection process for judicial roles varies and can take over a year. The length of time depends on a number of factors, including:
- the specific role being recruited for
- whether it is fee-paid or salaried
- the number of vacancies and the number of candidates who apply
| Exercise type | Salaried or fee-paid | Size | Timeline indicator |
|---|---|---|---|
| Leadership | Both | Up to 2 vacancies | 14 to 22 weeks |
| Legal | Salaried | Up to 5 vacancies | 18 to 24 weeks |
| 6 to 30 vacancies | 28 to 38 weeks | ||
| 31+ vacancies | 40 to 50 weeks | ||
| Fee-paid | Up to 5 vacancies | 18 to 22 weeks | |
| 6 to 30 vacancies | 30 to 38 weeks | ||
| 31 to 149 vacancies | 42 to 50 weeks | ||
| 150 + vacancies | 44 to 52 weeks | ||
| Non-legal | Both | Up to 10 vacancies | 16 to 22 weeks |
| 11 to 30 vacancies | 24 to 30 weeks | ||
| 31 – 149 vacancies | 30 to 40 weeks | ||
| 150 + vacancies | 40 to 50 weeks |
Candidates will go through a three-stage selection process, with different tasks at each stage. These vary depending on the role and will be clearly detailed on the vacancy page for the specific exercise.
Stage 1 – Application (self-assessment or eligibility statement and suitability statement)
Stage 2 – Shortlisting (name-blind sift or online tests)
Stage 3 – Selection day (skills and abilities interview and an additional element, usually a roleplay or situational questions)
Read about the selection process in detail.
We apply robust quality assurance checks throughout every stage of the selection process to ensure fairness and prevent bias. Selection exercise materials are developed with independent expert advice and are reviewed throughout their development for potential unfairness. Each exercise is overseen by a JAC Commissioner (‘the Assigned Commissioner’), materials are reviewed by staff and the JAC Advisory Group (made up of judges, practitioners and specialists), and all assessments are tested with mock candidates to refine content and timing.
From time to time, we have also asked independent experts to review parts of our selection process.
We work with partners across the legal sector to deliver outreach initiatives and events to encourage eligible candidates to apply for judicial roles and provide them with the information and support required to make a strong application. The judiciary supports our outreach for specific selection exercises by providing judges to speak to prospective candidates about what the role involves.
The judiciary also provides support to our Targeted Outreach programme by providing judicial members to support candidates on the Judicial Guide Scheme.
The judiciary supports our exercise delivery activities by providing judicial members to draft selection materials used to assess candidates and to sit on selection exercise panels.
Panel members make sure all assessments are merit-based, are carried out fairly and in line with JAC policies.
All selection panels are made up of a judicial member, and at least one lay panel member (someone who is not a legal professional). As a rule, all panels are chaired by lay members.
Lay panel members help assess and recommend people for important judicial roles, many of which are for life. The lay role is an important role that helps keep the justice system in England and Wales fair, trusted and high quality.
You can read more about the role of panel members and the importance of lay panel members in the selection process.
Candidates are asked to nominate two ‘independent assessors’ as part of their application.
Once nominated, we approach the assessors, sending them an assessment template to complete. The evidence provided by independent assessors is considered by the selection panels, either at the shortlisting stage or at selection day, and finally the Selection and Character Committee (SCC) when it comes to make recommendations for appointment.
The law requires us to consult a ‘statutory consultee’ before making a recommendation for appointment. Statutory consultation is undertaken unless our Chair and the Appropriate Authority (the Lord Chancellor, Lady Chief Justice or Senior President of Tribunals) agree in advance to waive it. A statutory consultee must be a person who has held the office for which a selection is to be made, or who has other relevant experience. The judiciary deliver this element of the selection process by providing statutory consultation feedback (if applicable).
The members of the commission have the corporate responsibility for ensuring that we fulfil our statutory duties. The chair must always be a lay member, and the commission is made of lay, judicial, and professional members.
The final decision about recommendations for appointment is made by the members of the commission, sitting as the Selection and Character Committee (SCC).
4. Exercise Outcomes (Back to top)
As part of each step of the process, candidates’ evidence will be given a grade:
A = outstanding evidence of the skill and ability
B = strong evidence of the skill and ability
C = sufficient evidence of the skill and ability
D = insufficient evidence of the skill and ability
At the end of each stage the selection panel will consider all the available evidence, including evidence provided in independent assessments, and candidates will be given a single overall band using a similar A to D scale. This will be used to determine the order of merit and who should be recommended.
To successfully apply for a judicial role, candidates must be of ‘good character’. That is because we have a statutory duty only to recommend candidates of good character. Character issues are considered as part of the selection process, in accordance with our good character guidance.
We conduct checks with the relevant professional bodies in order to help decide whether a candidate is of good character. Financial, criminal and professional background checks are carried out with HM Revenue & Customs (HMRC), Solicitors Regulation Authority (SRA), Bar Standards Board (BSB), Association of Chief Police Officers Criminal Records Office (ACRO), Chartered Institute of Legal Executives (CILEX) Regulation, Individual Voluntary Arrangements (IVA) Register, and other bodies as appropriate. We have service level agreements with most of the professional bodies, and the timescale for each body varies. If a candidate who is likely to be recommended is an existing judicial office holder, the Judicial Conduct and Investigations Office (JCIO) is asked to check whether there are complaints or pending investigations against them.
After selection days, we consult with the relevant professional bodies to check whether there are any matters that will need to be considered by the SCC.
At a meeting of the SCC, Commissioners make the final decision on which candidates to recommend for appointment to the Appropriate Authority.
In doing so, the SCC consider those candidates that selection panels have assessed as best meeting the requirements of the role, in order of merit, having been provided with information gathered on those individuals during the whole process. The SCC uses the panel’s assessments to guide them, and, where appropriate, considers statutory consultation feedback. The SCC also considers the results of character checks alongside candidate declarations.
5. JAC Recommendations (Back to top)
Following the SCC meeting, we provide the Appropriate Authority with a report detailing our recommendations for appointment.
It is the Appropriate Authority who decides whether the candidates will be appointed.
Once the recommendations have been considered and, where appropriate, accepted by the Appropriate Authority, we will inform the candidates of the final outcomes.
6. Handover and Training (Back to top)
Once the outcomes have been issued, we provide JO the details of the recommended candidates. At this point, our role in the appointments process ends.
JO will then use this data to prepare the job offer letters and proceed with the appointments process. This process includes making deployment decisions, to decide where each successful candidate will sit, arranging training provided by the Judicial College, and seeking a Royal Warrant.
Once successful candidates are in post, HMCTS can determine the number and location of the vacancies to be filled by future selection exercises.
… and the judicial recruitment, selection and appointments cycle begins again!
