APPENDIX 2
Supplementary Information provided by The Rt Hon The
Lord Irvine of Lairg, QC, relating to his evidence of 3 March
HOW ARE LAY ASSESSORS FOR JUDICIAL APPOINTMENTS CHOSEN?
The inclusion of a lay (i.e. non-legal) person on each sifting
and interview panel is now a principal feature of the judicial
appointments procedure. Their role is to play a full part in the
assessment of candidates and to exercise their personal judgment
in assessing the extent to which candidates possess the qualities
required for appointment; they bring to this process something
of the perspective of the lay court-user and of the public. Lay
interviewers have been used in the appointments procedure for
Circuit Judges and District Judges since the introduction of new
procedures at these levels in September 1994, and their involvement
has been progressively extended to cover most other appointments
including Stipendiary magistrates, masters and registrars of the
Supreme Court, many tribunal appointments and Assistant Recorders.
I also arranged shortly after the Election for the lay members
to be involved with immediate effect in the selection of candidates
for interview on the sifting panels, as well as in the interview
themselves.
Lay interviewers have been appointed from among the membership
of Advisory Committees on Justice of the Peace. For the most recent
round of appointments, all Advisory Committee Chairmen (including
Chairmen of the Advisory Committees for the Duchy of Lancaster)
were asked to invite applications from their Committee members
and to add their own assessment of those who applied. The applications
were sifted by officials from the Judicial Appointments Group
in my Department against the following criteria:
- well developed skills of assessing people;
- sufficient knowledge of the judicial system to carry
credibility;
- understanding of the impact of the judicial system
on all types of court user; and
- credibility with the profession and with individual
candidates.
On this basis a number were selected for an interview, which
was conducted by two officials from the Judicial Appointments
Group. The final decisions, which were made by me, also took into
account the desirability of maintaining a broad balance within
the panel in the light of the following factors:
- gender;
- ethnic origin;
- public/private school background;
- JPs/non JPs;
- political affiliation; and
- geographical location.
Those who were selected were invited to join the panel, initially
for a period of three years. Once appointed, lay interviewers
undertake the sifting and interviewing duties as required. Lay
interviewers form part of a three member sifting and interview
panel (the other two members are a serving member of the judiciary
and a senior official from my Department). Decisions as to whom
to appoint, or to recommend for appointment, are made by me in
the light of the panel's recommendations.
I also enclose for your information an eligibility and criteria
statement for the office of Circuit Judge. This is broadly similar
to those issued for other judicial offices, although there are
obviously differences according to the particular requirements
of each office.
March 1998
ANNEX
OFFICE OF CIRCUIT JUDGE ELIGIBILITY AND CRITERIA FOR
APPOINTMENT
Circuit Judges are appointed by The Queen on the recommendation
of the Lord Chancellor. The statutory qualification is a 10 year
Crown Court or 10 year county court qualification within the meaning
of s.71 of the Courts and Legal Services Act 1990 (i.e. a right
of audience in relation to all proceedings in the Crown Court
or in county courts), or to be a Recorder, or to be the holder
of one of a number of other offices listed in Part 1A of Schedule
2 to the Courts Act 1971 as inserted by sch.10 of the Courts and
Legal Services Act 1990. (s.16 of the Courts Act 1971 as amended
by Sch. 10 of the Courts and Legal Services Act 1990)
I. ELIGIBILITY
The Lord Chancellor welcomes applications for appointment
to the office of Circuit Judge in England and Wales from any person
who meets the following requirements:
A. Statutory requirements: Applicants must meet the
statutory requirements set out above.
B. Service as a Recorder: It is the Lord Chancellor's
policy that, before being considered for any full-time judicial
post, a candidate must have served in that or a similar post in
a part-time capacity for long enough to establish his or her competence
and suitability. For the office of Circuit Judge, the Lord Chancellor
will normally consider only applicants who are Recorders, and
who will have served in that office for at least two years on
1 April 1998.
C. Age: Applicants will normally be considered for
appointment only if aged between 45 and 60 on 1 April 1998. However,
in exceptional circumstances these age limits may be relaxed at
the Lord Chancellor's discretion, for example where an otherwise
well qualified candidate has had a career break or started his/her
career later than is usual.
D. Health: Applicants must be in good health. Any offer
of appointment will be conditional on the satisfactory outcome
of a medical examination.
E. Physical requirements: Applicants must be able to
meet the physical requirements of service in the office of Circuit
Judge. In particular, they should have satisfactory sight and
hearing (with technological assistance if required) and should
also be able to sit and to concentrate for long period of time.
Persons with disabilities should not be discouraged from applying;
each individual will be considered by the Lord Chancellor on his/her
merits in this as in other respects.
F. Character: Applicants should be persons who conduct
themselves at all times, both in their professional and personal
lives, in a manner which will maintain public confidence in the
standards of the judiciary.
In particular, applicants will be required to declare the
following:
(1) whether they have been convicted of or cautioned
for any criminal offence;
(2) whether they have been adjudged bankrupt, made a
composition with their creditors, or been sued to judgment for
any debt;
(3) whether they have had proceedings brought against
them, or paid a penalty, or made a composition in respect of failure
to pay, or made any other default relating to, VAT or any other
form of tax or rates;
(4) whether they have ever had an action brought against
them (or in the case of a solicitor against the applicant's firm)
in respect of a matter involving the applicant personally (or
under his/her supervision) for professional negligence, without
the matter being dismissed;
(5) whether they have been or are currently subject to
the disciplinary process of the Bar, or in the case of a solicitor,
of The Law Society in respect of a matter involving the applicant
personally or under his/her supervision (including the Bar's and
The Law Society's procedures in respect of complaints about inadequate
professional services or "shoddy work"), without the
matter having been dismissed;
(6) whether they are aware of anything in their private
or professional life that would be a source of embarrassment to
themselves or to the Lord Chancellor if it became known in the
event of appointment to the office of Circuit Judge.
An affirmative answer to any of these questions will not
necessarily exclude a candidate from appointment. The Lord Chancellor
will consider each application on its merits taking into account
the seriousness of any relevant matter and the length of time
since any relevant incident occurred. Checks will be made with
the appropriate bodies before a candidate is offered appointment.
G. Residence: Applications are welcome from practitioners
on any circuit. However, any offer of appointment will be conditional
on the Lord Chancellor being satisfied that the candidate will
live within reasonable travelling distance of the courts at which
he/she will sit.
II. SELECTION CRITERIA
The Lord Chancellor will recommend for appointment to each
judicial office the candidate who appears to him to be best qualified,
regardless of ethnic origin, gender, martial status, sexual orientation,
political affiliation, religion, or (subject to the physical requirements
of the office) disability, by reference to the following criteria.
The Lord Chancellor will have regard to the comments (which
are given to him in confidence) received from judges and members
of the profession who have been consulted about the individual's
qualities and suitability for appointment. Applicants will have
demonstrated possession of the following skills and attributes
in their professional careers and in their service in part-time
judicial office.
A. Legal Knowledge and Experience
Successful candidates will have attained:
- a high quality of effectiveness and performance
as a Recorder;
- a high level of professional achievement in the
areas of law in which they have been engaged whilst in professional
practice;
- a comprehensive knowledge and understanding of criminal,
civil or family law as appropriate for the jurisdiction(s) to
be exercised on first appointment;
- a comprehensive knowledge of the rules of evidence
and of court practice and procedure.
B. Skills and Abilities
Successful candidates will have:
1. Intellectual and analytical ability
The ability to concentrate for long periods of time, and to
understand and assimilate facts and arguments, and the ability
to recall such evidence and information speedily and accurately.
The ability to apply legal principles to particular facts
and to determine from a large body of information those issues
and facts which are relevant and important and those which are
not.
The ability to weigh relevant issues and matters of law in
order to be able to formulate them for reasoned and coherent presentation
to a jury.
The ability to exercise discretion effectively; to apply their
knowledge and experience to make decisions in compliance with
the law and appropriate to the circumstances of the matter in
hand; to consider competing arguments and reason logically to
a correct and balanced conclusion.
The ability to reach firm conclusions (often at speed), to
think, decide and act independently of others, and to rely on
their own judgment.
The ability to communicate effectively with all types of court
user including lay people (whether defendants, witnesses, members
of a jury, litigants in person or children), giving instructions,
explaining complex issues and giving decisions or judgments clearly
and concisely, both orally and, where necessary, in writing.
The ability to command the respect of court users and to maintain
fair-minded discipline in the court and chambers without appearing
pompous, arrogant or overbearing.
The ability to promote expeditious despatch of business, preventing
unnecessary prolixity, repetition and irrelevance whilst ensuring
that all participants (whether represented or not, and including
children) are enabled to present their case or their evidence
as fully and fairly as possible.
C. Personal Qualities
Successful candidates will possess the following personal
qualities:
They will have a history of honesty, discretion and plain-dealing
with professional colleagues, clients and the courts.
They will possess independence of mind and moral courage,
being prepared to take and maintain unpopular decisions when necessary.
They will have generated the trust, confidence and respect
of others.
They will be open-minded and objective, having the ability
to recognise any personal prejudices and to set them aside.
They will deal impartially with all matters which come before
them and will seek to ensure that all who appear before them have
an opportunity for their case to be clearly presented and that
it is then considered as fully and dispassionately as possible.
3. Understanding of people and society
They will have knowledge and understanding of, and respect
for, men, women and children from all social backgrounds. They
will be sensitive to the influence of different ethnic and cultural
backgrounds on the attitudes and behaviour of people whom they
encounter in the course of their work.
4. Maturity and sound temperament
They will display a maturity of attitude and approach.
They will be firm and decisive while remaining patient, tolerant,
good-humoured and even-tempered.
They will be courteous and considerate to all court users
and court staff.
They will have and convey understanding of, and sympathy for,
the needs and concerns of court users as appropriate and be sensitive
and humane.
They will be committed to public service and to the proper
and efficient administration of justice, which they will pursue
conscientiously, with energy and diligence.
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