The JAC is committed to supporting the aim of increasing judicial diversity.
Where 2 or more candidates are assessed as being of equal merit, the JAC can give priority to a candidate (or candidates) for the purpose of increasing judicial diversity using statutory equal merit provisions. Guidance on the JAC’s equal merit approach explains the approach we follow. Details of how the approach applies can be found on the information page for each selection exercise.
How the approach works
Equal merit provisions can be used at the shortlisting and final decision-making stages of a selection exercise where:
- 2 or more candidates are judged by the Commission to be of equal merit when assessed against the advertised requirements for a specific post; and
- there is clear under-representation on the basis of race or gender (determined by reference to national census data and judicial diversity data from the Judicial Office)
The JAC will rely on the diversity monitoring data provided by candidates in their application form when applying equal merit provisions.
If a candidate does not provide their diversity data, it may not be possible for the Commission to apply equal merit provisions in their case.
The Commission will report annually on the application of equal merit provision guidance. The guidance will be kept under regular review.