As required by the Judicial Appointment Regulations 2013, the JAC will carry out consultation as part of a selection exercise.
This usually takes place after selection days but for smaller, more senior, posts, the JAC may consult prior to selection days.
Statutory consultation is carried out unless the JAC Chairman and the Appropriate Authority (Lord Chancellor, Lord Chief Justice or Senior President of Tribunals) agree in advance to waive it.
Who is consulted
When consultation is taking place, the JAC is required to consult a person (other than the Appropriate Authority) who has held the office that candidates are applying for, or someone who has other relevant experience.
This person will be identified in the information for the selection exercise and will be sent summary reports for comment.
The JAC, with the agreement of the Lord Chief Justice, may also consult another person who has held the same office or has other relevant experience.
For High Court selection exercises, the consultees are likely to be the Lord Chief Justice and one other person.
Other background checks
The JAC also has a statutory duty to check the good character of candidates, including checks with external bodies.
For example, if the candidate is an existing salaried judicial office holder, the Office for Judicial Complaints is asked to check for outstanding complaints against him or her.