Step-by-step guide to processes
Overview of the JAC's application processes
JAC's role in the judicial appointments process begins when we receive a request from Her Majesty's Courts Service (HMCS), the Tribunals Service or on behalf of a tribunal outside the Tribunals Service.
JAC then seeks out the very best candidates, using the processes described below and the qualities and abilities relevant to that post.
We recommend to the Lord Chancellor one candidate for each vacancy. The Lord Chancellor can reject that recommendation but he is required to provide his reasons to the Commission. He cannot select an alternative candidate.
The guidelines below give a broad overview of the different stages in the JAC's appointment process. Information about the qualities and abilities we assess during the application process is available from the left-hand menu.
Please note that these processes and criteria may vary, depending on the nature of the post and the eligibility criteria set by the HMCS, the Tribunals Service or non-Ministry of Justice (MoJ) tribunals. Details are published in the application form and guidance notes which accompany each selection exercise. Candidates will be updated about changes which occur after the publication of this information and which affect their application.
The Director, Tribunal Appointments (david.truscott@jac.gsi.gov.uk) and the Director, Courts Appointments (jane.andrews@jac.gsi.gov.uk) are happy to answer enquiries from candidates about selection exercises.
Stage 1: Application
Advertising and outreach
Most positions are advertised widely in the national press, legal publications, the professional press and online.
The Commission runs roadshows and other outreach events designed to explain the selection system to potential applicants and to encourage them to consider a judicial career.
We also work with a range of key interested parties to disseminate information about specific appointments and about the judicial appointments process in general.
Application form and information pack
The application form is tailored for each individual selection exercise. Alongside the form, an information pack is available to applicants, which includes details of the eligibility criteria and guidance on the application process. This too is tailored for each exercise.
Both documents can be downloaded from our website or are sent out to candidates on request.
Eligibility checks and good character
Once JAC has received a completed application form, we check each candidate's eligibility for the post. As required by the Constitutional Reform Act 2005 (CRA) , JAC also makes an assessment of the good character of each candidate.
Stage 2: Assessment
References
Candidates are asked on their application form to nominate up to three referees normally, or in some cases six. The Commission may also seek references from a list of Commission-nominated referees, which is published for each selection exercise.
The time at which references are sought will depend on the assessment method used for shortlisting:
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If a qualifying test is used, references are taken up after the qualifying test and before interviews take place.
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If a paper sift is used, references are taken up before the sift and used to make the shortlisting decisions.
In all cases, references will form part of the information that JAC uses to make final selection recommendations to the Lord Chancellor.
Shortlisting
Shortlisting may be done on the basis of qualifying tests or paper sift, using the application form and references.
For senior appointments, where candidates will usually have an extensive track record, shortlisting will normally be done on information supplied by the candidate and from references.
Interviews and selection days
The next stage of the assessment will vary depending on the nature of the post to be filled. Candidates might be asked to attend a selection day, which may entail a combination of role-plays and an interview. For some specialist and the most senior appointments, there might be only a panel interview.
Panel reports
Panel members assess all the information about each candidate, prepare reports on their findings and agree which candidates best meet the required abilities.
Statutory Consultation
As required under section 88(3) and 94(3) of the CRA, the panel's reports on candidates likely to be considered by the Commission are sent to the Lord Chief Justice and another person who has held the post, or has relevant experience.
Stage 3: Selection and Recommendation
Recommendation to the Lord Chancellor
The Commissioners consider all the information gathered on the candidates and select candidates to be recommended to the Lord Chancellor for appointment.
Final checks
For existing judicial office holders, we check with the Office for Judicial Complaints (OJC) that there are no complaints outstanding against them. For all other candidates recommended for appointment, a series of good character checks are done with the Police, Her Majesty's Revenue and Customs and relevant professional bodies.
The Lord Chancellor may also require candidates to undergo a medical assessment before their appointment is confirmed.