Appointment on merit – getting it right
Tom Cross KC, JAC Barrister Commissioner
Any judicial appointments process intended to be of high quality will take time to complete. We know that the process is a lot longer than many other types of recruitment, and that this can be frustrating for candidates. Although we must bear in mind what the process is trying to deliver, and that different organisations whose work is essential to achieving it must be involved, we believe there is always room for improvement.
The JAC remains committed to exploring how best we can shorten the length of competitions, to better meet the needs of the courts and tribunals, but without compromising on their quality.
We are presently doing just that, and are starting to explore ideas for how exercise timelines could be reduced. In the meantime, I want to explain a bit more about how the current process works.
Planning begins well before any vacancy is advertised
By the time we launch a selection exercise, a significant amount of work has already taken place behind the scenes. His Majesty’s Courts and Tribunals Service (HMCTS) is responsible for forecasting judicial requirements across courts and tribunals in England and Wales, drawing on data about retirements, workload, deployment needs, and the financial implications of filling posts. The Judicial Office identifies requirements for leadership and senior appointments. These figures are considered and prioritised by the Ministry of Justice before being signed off by the Lord Chancellor and sent to the JAC as a Vacancy Request.
This planning runs on an annual cycle, agreed in advance of each financial year. The exercise a candidate applies to today will, in most cases, have started to take shape twelve months earlier. It is necessary to ensure that the right number of judicial office holders are recruited to the right jurisdictions, in a way that is sustainable and properly resourced.
Developing the judicial pipeline
Alongside this planning work, we engage continuously with the legal sector to ensure that those who are eligible – or will become eligible – are aware of judicial roles and supported to apply for them. We attend events run by a wide range of organisations and support the Pre-Application Judicial Education (PAJE) programme. We also run our own Targeted Outreach programme to support candidates from under-represented groups to prepare for judicial application.
Strategic oversight of judicial diversity has recently been strengthened through the establishment of a new Judicial and Legal Diversity Board, chaired jointly by the Lord Chancellor and the Lady Chief Justice. The Chair of the JAC will sit on this Board. More broadly it will bring together leadership from across the justice system to assist in co-ordinating strategic direction and joint activity. This is intended to be long-term, partnership-based work. It will require commitment and consistency if it is to have value in enabling the many different bodies who can influence judicial diversity better to do that.
Designing each exercise
Once HMCTS submits the Vacancy Request – setting out the type of role, number of posts, and specific requirements – our planning for that exercise begins, typically around 4 months before launch. The Ministry of Justice establishes a delivery team, and the exercises are designed collaboratively. The Lord Chancellor issues a final Vacancy Request confirming locations, jurisdictions, and terms and conditions. The Judicial Office provides the job description.
Selection materials are developed with independent expert advice and reviewed throughout for potential unfairness. They are scrutinised by our staff and by the JAC Advisory Group – which includes judges, practitioners, and specialists – and tested with mock candidates before use. Each exercise is overseen by an assigned JAC Commissioner. The process is built around the specific requirements of the role in question.
The selection process
Candidates go through 3 stages. The first is the application itself – a self-assessment or suitability statement depending on the role. The second is shortlisting, conducted on a name-blind basis, either through a sift of written evidence or online tests. The third is selection day, which includes a structured interview and a further assessed element – typically a role-play or situational questions – which candidates are told about in advance.
At each stage, candidates are informed of their results before the process moves forward. Evidence is assessed against a 4-point scale: outstanding (A), strong (B), sufficient (C), or insufficient (D). Candidates are ranked in order of merit. That principle – selection solely on merit (save only where there are candidates assessed as being of equal merit) – is the statutory basis on which the JAC must operate, and it shapes every aspect of how our exercises are designed and run.
Consulting third parties
A significant part of the timeline is accounted for by character checks. We work with a range of bodies – including HMRC, the Solicitors Regulation Authority, the Bar Standards Board, ACRO Criminal Records Office, CILEx Regulation, and the Individual Voluntary Arrangement Register – to satisfy our statutory duty to recommend only candidates of good character. Where a candidate is an existing judicial office holder, we also consult the Judicial Conduct and Investigations Office. Each body has its own processes and timescales. We do not have the authority to compel them to provide information more quickly, but we keep them informed of our intended timescales for decision-making.
Before any recommendation is made, the law also requires consultation with a statutory consultee – someone who has held the relevant office or has other appropriate experience. This is sometimes misunderstood. It is a statutory requirement, not a JAC policy choice, which must be undertaken unless the JAC Chair and the Appropriate Authority agree in advance to waive it in specific circumstances. The JAC does not decide whether to waive. It is ultimately a matter for the Appropriate Authority – the Lord Chancellor, Lady Chief Justice, or Senior President of Tribunals.
Candidates also nominate 2 independent assessors. Their evidence is considered at shortlisting, at selection day, and by the JAC’s Selection and Character Committee when it comes to make recommendations. Gathering, reviewing, and properly weighing that evidence takes time, but we are exploring how this process might be sped up.
Recommendations and appointments
The JAC recommends. It does not appoint. The final decision rests with the Appropriate Authority (see above) depending on the role. This separation is constitutionally significant and carefully maintained.
Our Selection and Character Committee – comprising lay, judicial, and professional commissioners – considers all the available evidence before making recommendations: panel assessments in order of merit, statutory consultation and independent assessor feedback, and the outcomes of character checks. When recommendations are accepted, we pass the details of successful candidates to the Judicial Office, which manages job offers, deployment, training through the Judicial College, and the Royal Warrant. At that point, our role in the process ends.
A shared endeavour
Judicial appointments are, accordingly, not something the JAC does in isolation. The process depends on sustained collaboration between, in particular, HMCTS, the Ministry of Justice, the Lord Chancellor’s office, the Judicial Office, the legal professions, independent assessors, statutory consultees, professional regulators, and the judiciary itself. Each has a distinct role, and all play an important part.
The process must be thorough. The roles being filled carry considerable responsibility in society and in many cases will last for the duration of a career. I hope this blog goes some way to explaining why each stage of the process exists, and what it is designed to achieve. This is the context in which consideration is being given to improvement. We recognise that the process asks a great deal of candidates, and we are grateful for their patience whilst we look to make it better.
For more detailed guidance on each stage of the process, visit our new resource page.
Prepare for the selection process
For those considering a judicial application, find further information and materials on our website to help you prepare for the selection process.
Learn more about support schemes for legal role applicants, including the JAC Targeted Outreach programme for lawyers from an under-represented group (you must be a woman, from an ethnic minority, have a disability or be a solicitor).