Selection Process FAQ
Why have you introduced qualifying tests to shortlist candidates?
The JAC adopted qualifying tests as an alternative and more objective method for taking shortlisting decisions. However, the JAC tailors its processes appropriately and might not always use qualifying tests when there is a small number of vacancies or in other limited circumstances.
Tests are developed in consultation with the judiciary and Her Majesty's Courts Service or the Tribunals Service. Judges often write them and are involved in the marking. The tests are tailored to the requirements of the post and might contain case studies and technical questions. They are piloted before use.
Who is on the selection panel?
Each Selection Panel comprises an independent Panel Chair, a Judicial Member and another Independent Member, usually from an HR background. They all receive selection exercise specific briefing and training before starting the selection exercise.
How are Panel Members chosen?
Independent Panel Chairs were recruited by the JAC in 2008. They had to have experience of chairing at senior levels, leadership responsibility, demonstrable integrity and commitment to ensuring a fair and equitable process, and awareness of issues related to assessment on merit and how they must be considered in the selection process.
Independent panel members were recruited by the then Department for Constitutional Affairs. They have varied backgrounds and experience and were required to meet the criteria of holding a human resources qualification and having experience in assessing people for senior and/or high-profile appointments.
Judicial Members are nominated by Her Majesty's courts Service and the Tribunals Service. They are chosen because they have experience and knowledge of the role in question.
Who makes the final selection?
A committee of Commissioners makes the final decision on who to recommend to the Lord Chancellor. He has the power to accept or reject the recommendation, or ask the Commissioners to reconsider the recommendation. The Lord Chancellor cannot select an alternative candidate.
What information do the Commissioners have? Will they have my references? My qualifying test score?
The Commissioners will have all relevant information. This includes the Panel's assessment report on your interview and role play(s) and the references supplied by your nominated referees. Results at the testing stage may be made available to the selection panel to help inform the panel's discussion.
What checks will you make?
The JAC requests financial, criminal and professional background checks on candidates recommended for appointment. This is our good character policy.
What is Statutory Consultation?
The law (sections 88(3) and 94(3) of the Constitutional Reform Act) requires the JAC consult the Lord Chief Justice and to another person who has held the post or has relevant experience.
In making final selections, the Commission considers these responses together with other information about a candidate.
When reporting its final selections to the Lord Chancellor the Commission must say what the consultees' comments were and whether it followed them or not, and give reasons for the decision.
Do you provide written explanations to unsuccessful candidates?
We have taken the view that our limited resources would be best applied providing more comprehensive written explanations to those candidates who have been successful at the shortlisting stage, but who have not been successful following the selection day. In line with many other public organisations we do not provide detailed constructive written explanation after the qualifying test or paper sift.
What is the complaints procedure?
The complaints procedure is laid out here
What difference has the Tribunals, Courts and Enforcement Act (TCE Act) 2007 made to the entry requirements for judicial appointment?
The TCE Act has introduced the 'judicial-appointment eligibility condition'. Where this applies, eligibility for judicial office is no longer based on possession of rights of audience for a specified period. The aim of the eligibility sections of the TCE Act is to ensure that those with the relevant skills, experience and expertise can apply for judicial office. In respect of many offices, the number of years for which a person must have held a qualification before becoming eligible for judicial office has been reduced from 10 to 7 years and 7 to 5 years depending on the post in question.
It opened some judicial posts beyond solicitors and barristers for the first time, including members of Institute of Legal Executives (ILEX), the Institute of Trade Mark Attorneys (ITMA) and Chartered Institute of Patent Attorneys (CIPA).
The list of posts they may apply are:
ILEX fellows: Deputy District Judge, Deputy District Judge (Magistrates Courts), Road User Charging Adjudicator, Legally qualified member of the Asylum and Immigration Tribunal, Member of Panel of Chairmen of the Employment Tribunal, Judge of the First Tier Tribunal, Adjudicators (regulation 17 Civil Enforcement of Parking Conventions)
And from 2010 District Judge, District Judge (Magistrates Courts)
Patent and Trade Mark Attorneys Chairman or Deputy Chairman of the Copyright Tribunal, Persons appointed to hear and determine appeals under the Trade Marks Act 1994.