Select Committee on Lord Chancellor's Department Second Report


Appendix 2: Judicial Appointments Board for Scotland— Criteria for Judicial Appointment[7]

The Board will rank and prefer those candidates who are considered suitable for appointment and make its recommendation to the First Minister.

Successful candidates will have:

  • attained a high level of legal knowledge and experience;
  • the ability to apply knowledge and experience to make sustainable decisions;
  • intellectual and analytical ability;
  • sound judgement and the ability to exercise discretion effectively;
  • the ability to marshal facts and competing arguments and reason logically to a correct and balanced conclusion;
  • the ability to reach firm conclusions, to think, decide and act independently of others and rely on their own judgement;
  • good communication and listening skills;
  • the ability to communicate with all types of court user, including lay people, giving instructions, explaining complex issues and giving decisions clearly, concisely and promptly, either orally or in writing;
  • the ability to command the respect of court users and to maintain fair-minded discipline in court and in chambers without appearing pompous, arrogant or overbearing;
  • the ability to manage cases effectively and promote the expeditious despatch of business;
  • Successful candidates will also possess the following personal qualities:
  • integrity and independence—they will have a history of honesty, discretion and straightforward dealing with professional colleagues, clients and the courts;
  • independence of mind and moral courage—prepared to take and maintain unpopular decisions when necessary;
  • fairness and impartiality—they will be open minded and objective, with the ability to recognise and discount any personal prejudices. They will seek to ensure that all who come before them have the opportunity to put their case clearly and have it considered as fully and as objectively as possible;
  • understanding of people and society—respect those of different backgrounds and 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;
  • maturity and sound temperament—they will display a maturity of attitude and approach and be firm and decisive while remaining patient, tolerant, good-humoured and even-tempered;
  • courtesy—they will be courteous and considerate to all court users and court staff;
  • commitment conscientiousness and diligence—committed to public service and to the proper and efficient administration of justice, which they will pursue conscientiously, with energy and diligence and a due sense of responsibility.

In assessing these qualities the Board will have regard to the information provided by candidates in their applications, the reports from referees and the performance of individuals at interview.


7   Taken from the website of the Judicial Appointments Board for Scotland, www.judicialappointmentsscotland.gov.uk.

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