History and context


In 2003 the government announced its intention to change the system for making appointments to judicial offices in England and Wales. The reform was a central plank of the drive to officially enshrine judicial independence in law and to enhance accountability, public confidence and effectiveness.

Lord Falconer, then Secretary of State for Constitutional Affairs, asserted that it was no longer acceptable for judicial appointments to be entirely in the hands of a Government Minister.

Accordingly he announced the Government's intention to establish an independent Judicial Appointments Commission (JAC) to recommend candidates for judicial appointments on a more transparent basis.

The Constitutional Reform Act

Following extensive consultation, the Constitutional Reform Act (CRA) received Royal Assent in March 2005 and heralded a number of fundamental changes to the constitution one of them being the launch of the JAC.  We came into official existence on 3 April 2006

Alongside our creation, the CRA has brought about other fundamental changes. These are:

  • the reform of the post of Lord Chancellor, transferring his judicial functions to the President of the Courts of England and Wales (the new title given to the Lord Chief Justice) 
  • the launch of a new independent Supreme Court in 2008 separate from the House of Lords
  • the creation of a new Judicial Appointments and Conduct Ombudsman (JACO) responsible for investigating and making recommendations concerning complaints about the judicial appointments process and the handling of judicial conduct complaints 
  • the establishment of the Directorate of Judicial Offices for England and Wales (DJO) comprising the Judicial Office, the Judicial Studies Board and the Judicial Communications Office
  • a duty on government ministers to uphold the independence of the judiciary.

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