JAC Commissioners sit as the Selection and Character Committee to make the final decision on which candidates to recommend.
The Committee examines any potential character issues that may affect a candidate’s suitability for appointment.
It will consider the reports written by the panels, the evidence provided in independent assessments and any comments from statutory consultees.
The Committee will then decide at this stage if the equal merit provision policy (EMP) should be applied to any candidates.
If the Committee has applied the EMP, it may be presented with a situation whereby it is unable to choose between 2 or more candidates on the basis of their relevant protected characteristics. For example, 2 candidates assessed as being of equal merit may both be white male. If this situation arises, the EMP cannot be used to make a selection. Therefore the Committee will invite those candidates to a second interview, to enable it to make a selection decision. Dates for second interviews will be published on the information page for the relevant selection exercise.
The Committee will then recommend candidates to the Appropriate Authority (Lord Chancellor, Lord Chief Justice or Senior President of Tribunals) for appointment.
When reporting its final selections to the Appropriate Authority, the Commission must reflect the comments of the statutory consultees and discuss any divergence of opinion.
In order to consider a recommendation, the Appropriate Authority may request any information that was available to the JAC during selection. Any information you provide in your application or during the selection process could therefore be passed on to the Appropriate Authority.