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Guide for Applicants

05:0231 - Specialist Chancery Circuit Judge to sit on the Midland Circuit in Birmingham Civil Justice Centre

Contents

  1. Contact Details

  2. Introduction
    Part 1
    Part 2

Part 1

  1. Eligibility requirements
    Statutory requirement
    Residence
    Disqualification
    Nationality
    Health
    Character
    Offences
    Disciplinary proceedings

  2. Making an application
    Obtaining the application form
    Delivery of the application form and deadline
    Acknowledgement of an application
    Confidentiality
    Equal Opportunities

  3. Competencies
    Independence and Professionalism
    Judgement
    People Skills

  4. The application process
    Completing the application form
    Consultation
    Self-assessment

  5. The Selection Process
    Sift
    Selection and appointments
    The Secretary of State and Lord Chancellor's decisions
    Complaints Regarding the Appointment Process
    The Judicial Appointments Commission

Part 2 - Annexes

  1. Responsibilities and Job Description
  2. Circuit Judges/Recorders - Competency Framework
  3. Outline Terms and Conditions Of Service
  4. List of Consultees
  5. Example Assessment Form
  6. Timetable


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1. Contact Details

Responsibility
Officials within the Circuit Bench Branch of the Judicial Competitions (Courts) Division in the Judicial Appointments Directorate administer the competition for this appointment on behalf of the Secretary of State and Lord Chancellor.

Any member of the Team will be able to provide general guidance relating to the Circuit Judge post. For specific information about this post you should contact Shanaz Hayat whose details are set out below.

Obtaining an application form
All the information about applying for this competition is available at www.judicial-appointments.org.uk (current competitions).

The application form for this competition can be obtained electronically by downloading it from the website, and saving it for completion on your own system.

Please contact the Judicial Appointments Applications Service (JAAS) if you wish to request an application pack or if you have any queries about eligibility or about lodging your application.

05:00231 *
Judicial Appointments Applications Service
Judicial Appointments Directorate
Department for Constitutional Affairs,
3rd Floor, Steel House
11 Tothill Street,
London,
SW1H 9LH

DX 149822 WESTMINSTER 6

e-mail: email jaas team

telephone: 020 7210 0123

fax: 020 7210 0124

* Please use the competition code on all communications

Competition Enquiries
Postal address:

Circuit Bench Branch,
Judicial Appointments Directorate,
Department for Constitutional Affairs,
3rd Floor, Steel House
11 Tothill Street,
London,
SW1H 9LH

DX 149822 WESTMINSTER 6

Shanaz Hayat
020 7210 0315
Competition Administrator

Gill Struthers
020 7210 0305
Manager

David Whittaker
020 7210 0304
Competition Manager

e-mail: email to senior circuit bench judicial group

fax: 020 7210 0300



2. Introduction

Applicants are asked to note that appointment is to the Office of Specialist Chancery Circuit Judge to sit at Birmingham Civil Justice Centre, and not to any other specific vacancy or court.

The purpose of this guide is to assist applicants for this judicial appointment. It is arranged in two parts.

Part 1
This provides general information. It outlines the general eligibility requirements for appointments and the specific competencies applicants must satisfy before the Secretary of State and Lord Chancellor will consider recommending them for appointment. It also explains the procedures, outlining how the Secretary of State and Lord Chancellor will obtain and consider comments from consultees, to help him determine whether an applicant has met the competencies to a degree that would merit appointment. It also gives important advice about making an application and describes the consultation and interview processes.

Part 2
This contains annexes about the specific competition. In particular, this includes the timetable for the competition, the job description, and terms and conditions for appointment.

These notes contain information to help applicants to make an application. They are for the guidance of all applicants and should be read before an application form is completed, regardless of whether an application form has been completed in the past. Any questions should be addressed to those listed on the contact details sheet.



Part 1

Eligibility requirements

Circuit Judges (Group 5) are appointed by The Queen on the recommendation of the Lord Chancellor.

Statutory requirement
The statutory qualification (s.16(3) of the Courts Act 1971 as amended by Sch. 10 of the Courts and Legal Services Act 1990) is to:

Service as a Part Time Judicial Office Holder
It is the Secretary of State and Lord Chancellor's general policy that, before being considered for any full-time judicial post, a candidate must have served as a fee paid judicial office holder for long enough to establish his or her competency and suitability. For the office of Circuit Judge, the Secretary of State and Lord Chancellor will normally consider only applicants who will have served in a fee paid judicial office for at least two years on 1 December 2005.

Queen's Counsel
The Lord Chancellor considers Queen's Counsel as a working rank. Newly appointed Queen's Counsel will therefore normally only be considered for the office of Senior Circuit Judge after they have practised at that rank for at least two years.

Age
The Lord Chancellor does not apply age limits for applicants for the post of Senior Circuit Judge. The statutory retirement age for this post is currently 70 and office-holders need to complete at least 5 years' service in a full-time position to qualify for a pension. Applicants are referred to Annex C for further information.

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 make plans to be able to travel daily to the Birmingham Civil Justice Centre and that their journey to the court will be reasonable.

Disqualification
Senior Circuit Judges are precluded by statute from serving concurrently as Members of Parliament etc. A Circuit Judge is expected to submit his resignation to the Lord Chancellor in the event of nomination or elections as a prospective candidate for election to Parliament, the Scottish Parliament, the Welsh Assembly or to the European Parliament. The Lord Chancellor should be consulted if doubt arises about any particular circumstances.

Applicants are asked to satisfy themselves that they meet the eligibility requirements set out in this chapter. However, where it is indicated that a particular qualification is "normally" required, the Lord Chancellor may relax that requirement in individual cases in the light of exceptional circumstances. Applicants who wish to be considered in this way are asked to explain any such exceptional circumstances on a separate sheet and submit it with their application form(s).

If you are unsure whether or not you are eligible to apply, please telephone a member of the Circuit Bench Branch, who will be able to assist you. Their contact details can be found in Chapter 1 of this Guide.

Continuity
In the interests of maintaining continuity in the courts, with effect from 1 April 2006, applications from judicial office holders for transfers will not normally be considered until they have served for 5 years in the location to which they were appointed (or have transferred since that date).

Nationality
You need to fulfil one of the following nationality requirements, and must complete a declaration to that effect on the application form. You must:

Health
You must be able to meet the physical requirements of service. You are requested to make a declaration on the application form regarding any illness or disability, including anything that you may have declared before, which might prevent you from properly carrying out the duties of this judicial appointment.

Please also give details of any practical measures we could put in place to assist you if you were to be appointed.

All applicants appointed to salaried posts will be required to undergo a medical examination before taking up appointment.

Character
You should conduct yourself at all times, both in your professional and personal life, in a manner which will maintain public confidence in the standards of the judiciary. In particular, you will be required to declare the following:

The Secretary of State and Lord Chancellor views any conviction for driving whilst under the influence of alcohol as very serious. Such a conviction may be considered incompatible with judicial office and is likely to render an application ineligible even if the conviction took place several years ago. A current or recent driving disqualification for other reasons, e.g. several speeding offences, may also result in you being deemed ineligible for appointment.

Offences
As applicants for judicial appointments are not protected by sections 4(2) and 4(3) of the Rehabilitation of Offenders Act 1974, any convictions which would normally be regarded as spent under that Act should be declared in answer to these questions (Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975). You should provide details of all offences, for which you have been convicted or cautioned. Details should include the nature of the offence, date of conviction or caution and the penalty imposed.

Where proceedings are pending, you should give details of the offence with which you have been charged and, if known, the date when the case will be heard. It is important that you inform us of the outcome of any case concluded whilst your application is under consideration. Similarly, if you are charged with any offence after submitting your application you should inform us immediately. Our contact details are set out in Chapter 1 of this guide.

Disciplinary proceedings
If you have ever had an action brought against you for professional negligence, without the matter being dismissed, or if you have ever been subject to the disciplinary process of the Bar or The Law Society, you should provide full details. If such proceedings are pending, the details should be entered on the form and you should inform us of the outcome. If an action is brought against you, or you become subject to the disciplinary process after having submitted your application, you should inform us immediately.

You are advised that for the purpose of answering question 4.5 ‘the disciplinary process of the Bar or The Law Society' should be taken to include the Bar's and The Law Society's procedures in respect of complaints about inadequate professional services or ‘shoddy work'.

An affirmative answer to any of these questions will not necessarily exclude an applicant from appointment. The Secretary of State and 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 an applicant is offered appointment.

If you are unsure whether you are eligible to apply, you should telephone JAAS for assistance. Our telephone numbers are in Chapter 1 of this guide.



4. Making an application

Obtaining the application form
All the information about applying for this competition is available at www.judicial-appointments.org.uk (current competitions).

The application form for this competition can be obtained electronically by downloading it from the website, and saving it for completion on your own system.

Alternatively, please contact the Judicial Appointments Applications Service (JAAS - contact details are given below), quoting the title of this competition, so that we can send you an application pack. Once you have completed the application form, you will need to return it (either by post or email, as you prefer) to JAAS. We will acknowledge receipt of the application. Once the closing date has passed, all the application forms we have received will be passed on to the team managing this competition. Their details are set out in Chapter 1.

If you need the form and/or guide in large print, Braille, or on cassette the JAAS team will also be able to arrange this for you.

Delivery of the application form and deadline
All application forms must be returned by e-mail or post to:

05:00231 *
Judicial Appointments Applications Service
Judicial Appointments Directorate
Department for Constitutional Affairs,
3rd Floor, Steel House
11 Tothill Street,
London,
SW1H 9LH

DX 149822 WESTMINSTER 6

e-mail (mailto): email to jaas team

telephone: 020 7210 0123

fax: 020 7210 0124

* Please use the competition code on all communications

Applications sent by post must be accompanied by three copies. Failure to include the additional copies may result in the application being returned with a request for further copies.

The closing date for receipt of applications is Thursday 19 January 2006.

Applications received after the closing date will not normally be accepted. Exceptionally, where it would benefit the competition, late applicants may be accepted, or sought.

Applications may be delivered by hand to Reception on the ground floor at Steel House or sent by DX (DX 149822, Westminster 6), by post or by e-mail.

If you experience problems in e-mailing your application please contact the JAAS team immediately. Late e-mailed applications will only be accepted with proof of computer/e-mail difficulty.

If the application is sent by post, sufficient time must be allowed for the application to be delivered before the deadline. We are unable to accept letters on which excess postage is due and any such letters will be returned to the sender unopened.

You must sign all hard copy application forms submitted. If you send your application by e-mail you must certify on the application form that the typed ‘signature' is intended to be your signature, and make the declaration in the form as to the truth of the document.

Acknowledgement of an application
You should receive an acknowledgement of the receipt of your application within 5 working days. It is important that you contact JAAS, either by telephone or e-mail, if the acknowledgement does not arrive in that time so that if your application has not been received appropriate action can be taken.

If you send your application by e-mail it is advisable to retain an electronic copy of the sent e-mail and, if possible, to set your computer to show that the message has been received and opened.

Confidentiality
This Department may need to use the information you provide for purposes that may not directly relate to your application for this judicial post. Any additional use of this information will, however, only be such as will be compatible with the purposes contained in its Data Protection Act Notification (no. Z 5679958). This may be seen in the Data Protection Register on the website of the Office of the Information Commissioner at www.dataprotection.gov.uk. Alternatively, a copy may be obtained by writing to the Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Equal Opportunities
The Secretary of State and Lord Chancellor will recommend for appointment applicant who appear to him to be best qualified, regardless of age, disability, gender, ethnicity, marital status, political affiliation, religion or belief, sexual orientation, gender identity or other irrelevant factor. The Secretary of State and Lord Chancellor is committed to equality of opportunity in the appointments process for all who are eligible for judicial office. He would particularly like to receive more applications from people in those groups which are currently represented in relatively small numbers. We actively encourage people from all backgrounds to apply for appointment.

Candidates with disabilities are encouraged to apply for judicial appointments and are assessed on their merits against the relevant competencies for appointment. Any reasonable adaptations to the working environment that might be required will be made.

Further details about the Secretary of State and Lord Chancellor's policies and procedures on equality and diversity can be found on the Department's website at www.dca.gov.uk or by contacting us on 020 7210 1819.



5. Competencies

The Secretary of State and Lord Chancellor will have regard to the assessments (which are given to him in confidence) received from judges, members of the professions and others who have been consulted about your qualities and suitability for appointment in relation to the competencies set out below. You will need to demonstrate the following knowledge, skills and attributes in your professional career and the capacity to develop them further with experience in judicial office. You should consider the competencies in context with the specific job description in the second part of this Guide.

INDEPENDENCE AND PROFESSIONALISM

Demonstrating Technical Knowledge & Expertise
Has acquired in-depth legal knowledge of the jurisdiction applied for or the potential to acquire it.

  1. Demonstrates good understanding of legal principles and concepts (including human rights)

  2. Has thorough legal knowledge and experience in own areas of practice

  3. Demonstrates appropriate level of expertise in his/her chosen professional area

Demonstrating Integrity and Independence
Shows an understanding of, and commitment to, the requirements of fairness and justice

  1. Takes an independent position and is not influenced by intruding pressures e.g from press, public gallery or particular interests

  2. Is seen to be scrupulously fair, attends properly to equalities and rights (e.g race, gender, sexual orientation, age)

  3. Demonstrates commitment to achieving a just result

  4. Behaves in an open and straightforward manner and is consistent in approach

Showing Authority
Keeps effective control of proceedings showing self assurance when influencing others and handling difficult situations

  1. Identifies and manages hostility by exerting control at appropriate times

  2. Steers an appropriate line between informality and maintaining control

  3. Takes charge without intimidating others

  4. Is firm when challenged, and asserts authority when necessary

  5. Maintains patience to remain courteous and professional.

  6. Directs parties to concentrate on relevant points and take a logical path through the facts and key issues

Developing Knowledge
Is open to developing an awareness of social & cultural issues, enhancing their legal knowledge and understanding of the court service.

  1. Demonstrates willingness to learn and stay up-to-date in relevant legal areas

  2. Demonstrates willingness to learn about cultures and diversity issues

  3. Asks for help and advice when needed

Managing Workload
Works effectively and efficiently, preparing and planning to make the best use of time

  1. Managers individual cases effectively, e.g, finds pragmatic solutions to delays; halts unproductive questioning; directs parties to concentrate on relevant issues and points

  2. Seeks to understand pressures on the court system and demonstrates willingness to maintains / improve efficiency

  3. Has a conscientious and committed approach to handling workload e.g prepares adequately

  4. Is flexible to deal with changes in pace and workload e.g manages the order of a case list to make best use of time

JUDGEMENT

Weighing and Analysing
Logically analyses arguments and explores the information available (verbal / written)

  1. Quickly and accurately assimilates information

  2. Extracts salient points from mass of information, is not lost in detail

  3. Retains and recalls key information and facts

  4. Identifies errors or inconsistencies in logic or information in submissions and evidence

Resolving and Deciding
Applies judgement to reach solutions and make incisive, fair and legally sound decisions

  1. Makes firm decisions even when the issue is difficult and/or the solution not obvious or unpopular

  2. Makes decision at the right time i.e knows when to make an immediate decision and when to reserve judgement/adjourn

  3. Considers consequences and impact for all involved when making a decision e.g victims, families, parties, witnesses

  4. Uses judicial discretion within the framework of the law to reach a just result

PEOPLE SKILLS

Communicating
Takes steps to ensure people understand the proceedings, orders and decisions

  1. Explains complex matters in straightforward way to court users

  2. Presents reasoning in a consistent and logical way

  3. Adapts style to ensure communication is clear and appropriate to all parties including those from diverse backgrounds and cultures

  4. Ensures that others (e.g defendant in person, jurors) understand progress, directions, options and decisions

  5. Is focused and concise in verbal and written communications

  6. Stresses the potential seriousness of an offence/situation and implications of decisions

Building Positive Relationships
Shows sensitivity to the diversity and needs of litigants, witnesses, advocates, staff and colleagues

  1. Treats people with respect and dignity and in a fair and equal manner

  2. Deals patiently and courteously with people

  3. Listens and gives attention to others

  4. Is sensitive to others' circumstances and feelings

  5. Shows appreciation of, and keeps in touch with, cultural/social differences and issues

  6. Works co-operatively and constructively with others e.g colleagues, staff, Her Majesty's Courts Service

IT Skills
As there is an increasing use of IT in the courts, you must be willing and able to bring yourself up to a level of IT competency in order to carry out the functions of judicial office effectively.



6. The application process

This section provides guidance on the completion of key questions on the application form. Not every question is covered, as most are self-explanatory.

It is important to note that the Department cannot accept unsigned hard copy application forms and any received will be returned.

Please include in the application form all the information you wish the panel to consider.

You may not submit updated evidence in support of your application after the closing date for applications. Any such information received after the closing date will not be considered in the selection process except where it relates to your eligibility for appointment.

Completing the application form

Personal details/address
You should indicate clearly whether you wish any correspondence about your application to be sent to your home or professional address. We should be notified promptly of any change.

Fees
Income is not a deciding factor and neither is it a criterion for appointment. Income is treated as background information and a very broad indicator of the strength and nature of your practice. This is set against the demonstration of technical knowledge and expertise when seen in the context of issues such as the type of work you do, your length of experience, geographical location, career history and whether or not you practise full time.

In most cases fee income plays little or no part in the decision-making process. Occasionally it might be considered in order to provide a cross-check against other evidence. On the rare occasions when fee income is looked at in this way, the selection panel will take into account any factors which may have affected income levels which you should include on the application form.

Further and higher education and qualifications
Applicants who did not attend either college or university should set out any qualifications obtained elsewhere.

Languages
You should state whether you are proficient in languages, other than English.

Judicial Postholder Applicants
Full time judicial applicants need not complete the following sections of the application form: Character, Practice Details, Fees nor the main courts at which they sit.

Consultation
We seek information about your ability to meet the specific competencies for the post in writing from those who know you and can provide an opinion on your suitability for appointment. No one person's view is decisive. A specimen of the form all consultees are asked to complete is attached in the second part of this guide.

Consultees are asked to consider and comment on the extent to which you satisfy the competencies for appointment and to provide a mark in relation to each of the them.

  1. Very well demonstrated
  2. Well demonstrated
  3. Demonstrated
  4. Some shortcomings
  5. Not demonstrated

They are also asked to give an overall assessment of your suitability for appointment and to allocate an overall mark on the following scale:

  1. Outstanding
  2. Very good
  3. Competent
  4. Not presently appointable
  5. Not appointable

Consultees will be approached after your application form is received and before it is considered by the sifting panel. The panel will consider the information provided in the application form, together with the assessments of the consultees, in order to decide whether you will be invited to interview.

Information about your ability to meet the specified competencies for this post is obtained from the following consultees.

Automatic Consultees
Automatic Consultees are those who will be approached automatically by Legal and Judicial Services Group for comment in addition to those you nominate. The automatic consultees are listed at Annex D of this Guide. They are asked to comment only when they have sufficient knowledge of the applicant's work/experience to enable them to give examples and make the assessment required.

Limited Visibility to the Consultation Community
The Lord Chancellor is concerned that no one should be unfairly disadvantaged by a lack of visibility to the people we usually consult. For this competition we will be consulting those listed in Part 2.

It may be that you are not seen by the people we consult automatically about your suitability for appointment if, for example:

Nominated Consultees
You are invited to nominate between three and six people who can comment on your suitability for this post. Please inform those whom you have nominated that they will receive a request for information from us and they will have a limited time to comment. We will not be able to consider any comments received after the beginning of the sift which is expected to take place in the week commencing on 27 February 2006

We will not chase any late responses.
You should think carefully about your choice of nominated consultees. When selecting nominated consultees, it is important to identify the people who can comment most accurately on your suitability for this post regardless of their perceived standing, [e.g. you should not be concerned if you feel that you cannot provide ‘suitable' consultees because you have never appeared in front of a circuit judge].

They should be people who have recent and frequent or substantial knowledge of your work/experience and are able to give examples relevant to the competencies to support their assessments. Recent examples will be given more weight in the assessment process.

An individual consultee may not be able to comment on all the job criteria, so you should aim to choose a suitable cross section of consultees who between them can comment on the full range of criteria.

You should bear in mind that it may not be helpful to receive comments from anyone with whom you have a close personal relationship, even if the consultee knows you professionally. The panel is seeking comments from demonstrably disinterested parties.

Consultees can be chosen from any walk of life and you might like to consider:

You may name a retired judicial office holder providing he or she has had recent and frequent or substantial knowledge of your work/experience.

You should not nominate anyone who is included in the list of consultees in the second part of this Guide.

Allegations of misconduct
The Secretary of State and Lord Chancellor has made it clear that he will attach no weight to unparticularised allegations of misconduct. He will only consider specific allegations of misconduct in their full context, including the views of the applicant concerned. If a specific allegation of misconduct is made, we will seek the commentator's consent to send details of the allegation to you to enable you to comment on the allegation.

The Secretary of State and Lord Chancellor has emphasised that, if consent is not given to reveal details of any specific allegations of misconduct to you, he will disregard the allegation.

This applies only to specific allegations of misconduct; it does not apply to more general reservations expressed about your professional abilities and qualities. For practical purposes, ‘misconduct' refers to conduct which, if the allegation were substantiated, would be regarded by the General Council of the Bar, The Law Society, or other professional body as appropriate as an infringement of the relevant code of professional conduct and/or might, on the face of it, cause the Secretary of State and Lord Chancellor to consider whether to exercise a power of removal from office, were the person concerned a holder of relevant judicial office.

Self-assessment
This is a very important part of the application form, which provides you with the opportunity to assess your own experience and capabilities against each of the competencies described in Chapter 5 of this Guide. You must familiarise yourself fully with the competencies and address them all in the self assessment.

Please note that all the competencies will be tested at the interview for those candidates who are selected to go through to that stage, but at the sift the following only will be considered:

If the competencies are not adequately demonstrated in the self assessment, you will diminish your chances of success.

You are required to provide a self assessment against each of the competencies for appointment giving details and examples of your recent experiences and achievements to demonstrate your capabilities. It is important to be concise and relevant. Copies of work should not be attached. You may draw on your full range of experience in your current and past practice, or in other professional/work spheres, pro bono work, voluntary work, interests or personal life to include sitting judicially if appropriate.

Please do not simply restate the competencies. Specific examples are far better than generalities. Merely asserting that you are good at something (e.g. "I am always scrupulously fair") does not provide evidence against the competencies. You need to give examples which support assertions and which demonstrate your abilities. This should include, for example, information about how you approached a difficult issue and what you did to resolve the situation.

If possible give examples within the last three years which you can remember enough about to discuss at interview if invited. You may describe situations that, whilst they will not be the same as those encountered in the judicial role, will demonstrate judicial skills; for example, when you have been required to communicate effectively with different types of people or adjudicate in a situation between opposing views. Again, remember to give details about what you did or how you handled the situation.

As this is a self assessment, saying that others will speak to your qualities is not sufficient. To say that you have a number of years' experience and that of itself testifies to your abilities is not helpful evidence. If you are in a full-time judicial post, this section should be completed with reference both to your judicial experience to date and to your practice (if applicable) prior to appointment.

Each of the competencies have a list of behaviours ascribed to them. When considering whether you should be called to interview the panel will be looking for examples of these behaviours to assess how well you meet the competencies. At the interview your self assessment may be used as the basis of some questions to test your examples and will also form a part of the overall assessment.

Publicity Monitoring Questionnaire
The Secretary of State and Lord Chancellor wishes to ensure that the Department operates an effective advertising policy in relation to judicial appointments. It would, therefore, be appreciated if you would complete the Publicity Monitoring Questionnaire included at the back of the application pack. This form will be used for statistical purposes.

Disability Monitoring Questionnaire
You are invited to complete the Disability Monitoring Questionnaire at the back of the application pack. This form will be used for statistical purposes only and we will hold it in confidence.

Ethnic Monitoring Questionnaire
The Lord Chancellor is committed to progressing Equality and Diversity and wishes to monitor our selection process to ensure that it is fair and non discriminatory. We would therefore appreciate it if all applicants could complete the ethnicity monitoring form at the back of the application pack which is based on the categories are those used in the 2001 census.

The information will be confidential and stored in accordance with the data protection regulation. The data will be analysed anonymously, not identifying any individual and reports will be produced to assist us in assessing the effectiveness and fairness of the selection procedures. The data will not be available to selection and is collected only for post selection monitoring purposes.

The General Council of the Bar and the Law Society support the objectives of ethnic monitoring and they and we encourage you to complete the form.



7. The Selection Process

Sift
A panel comprising a representative of the Department for Constitutional Affairs, a judicial member and a lay person will consider each candidate's application form including the self assessment together with the comments from consultees against the competencies listed above. The panel will decide which candidates will be invited to interview. After the sift you will be informed in writing whether or not you are invited to interview.

Selection and appointments

Interviews
Following the sift of applications, you will be informed in writing whether or not you are invited to interview. They will be conducted by a three-member panel consisting of a representative of the Department for Constitutional Affairs, a judicial member and a lay person. You will normally be advised of the names of the panel members before the interview date.

You are asked to indicate on the form at the back of the application pack the dates and times when you do not expect to be available for interview. If you are selected for interview you are asked to make every effort to make yourself available to attend on the date and at the time indicated. Interviews will last up to one hour. Each panel member will ask questions to enable the panel to assess the extent to which you meet the published competencies for appointment. The interview is not a formality; you should expect to be asked questions intended to elicit evidence that you are suitable for appointment.

A typical interview format is:

You are not expected to have a technical or detailed knowledge of the post for which you are applying. The Secretary of State and Lord Chancellor needs to be satisfied that you have the capacity to cope with the relevant jurisdiction. You should therefore expect questions which will assist the panel in finding out whether you have sound instincts and the right approach to the sort of problems you might face.

Every interview will be recorded on tape solely as a record of the interview. We keep the tapes for 12 months after the results of the relevant competition have been announced.

The Department is not able to offer any travel, subsistence or loss of earnings expenses for attendance at the interview.

The Secretary of State and Lord Chancellor's decisions
The Judicial Appointments Directorate will conduct a quality assurance exercise before recommendations are made to the Secretary of State and Lord Chancellor, to ensure consistency of decisions and to satisfy itself that sufficient account has been taken of all the evidence available.

The recommendations of the interview panel will take account of all the evidence including comments from the consultees and the evidence from the self assessment and will be placed before the Secretary of State and Lord Chancellor who will decide personally whom to recommend for appointment.

In coming to his decision the Secretary of State and Lord Chancellor may consult further with the senior judiciary on each Circuit about individual appointments.

You will be notified of the outcome of your application in writing. There is no right of appeal against this decision.

If you are not selected you may reapply when future vacancies are advertised, provided you are eligible. It will be necessary to complete a new application form when future vacancies are advertised.

You are advised that the paragraphs above describe the current arrangements. However, following the establishment of the Judicial Appointments Commission the process may change. If there is any significant change we will advise you of any new arrangements

Feedback arrangements
If you have not been invited to interview or have not been offered an appointment written feedback will be available on request at the end of the competition. The Commission for Judicial Appointments will not normally accept complaints lodged more than three months after final feedback is received unless there are good reasons for not complaining sooner.



Complaints Regarding the Appointment Process

Up to April 2006
The Commission for Judicial Appointments which was established in March 2001, will (until 31st March 2006) carry out an audit of the judicial and Queen's Counsel appointments procedures, and investigate complaints of discrimination, unfairness or maladministration in the way the procedures have been applied.

Before making a complaint to the Commission, an applicant must have received feedback from Legal and Judicial Services Group. If, having received feedback, the applicant remains dissatisfied with the way their application has been treated, they may then lodge a complaint with the Commission. The complaint should be set out clearly and concisely in writing, stipulating the grounds for the allegation/s of unfairness, discrimination or maladministration, and sent to:

Professor Sir Colin Campbell,
First Commissioner for Judicial Appointments
8th Floor
Millbank Tower
Millbank
LONDON
SW1P 4RD

April 2006 onwards
As a result of provisions within the Constitutional Reform Act, the Judicial Appointments and Conduct Ombudsman will be established in April 2006 to investigate and make recommendations regarding complaints relating to judicial appointments and complaints relating to how a matter involving judicial discipline and conduct has been handled.

With regard to judicial appointment complaints the Ombudsman will consider complaints from candidates for judicial office about the way in which their application was handled by the new Judicial Appointments Commission or the Lord Chancellor after 1 April 2006.

The Ombudsman will also have the discretion to investigate complaints that were within the remit of the Commission for Judicial Appointments, but were not resolved by that organisation by 31st March 2006. The Ombudsman will not be able to investigate a complaint that the Commissioners for Judicial Appointment had declined to investigate or on which they had concluded their investigation.

The Ombudsman will also consider matters in relation to judicial appointments referred to him by the Lord Chancellor after 1 April 2006.

The Ombudsman will not have a general power to conduct a free-standing policy audit of the appointment procedures of the Judicial Appointments Commission. He will be confined to looking at issues raised in the complaints he considers, or referred to him by the Lord Chancellor.

You should note that both the Commission for Judicial Appointments and the Ombudsman may require access to some or all applicants' files. Both offices will treat all such information in confidence.

In addition, every effort is made to keep information about complaints separate from the appointment process, so far as is practical. Making a complaint to the Commission for Judicial Appointments or to the Ombudsman will not prejudice any future consideration of a candidate for appointment.

Contact details:
If you have any queries regarding the Judicial Appointments and Conduct Ombudsman please contact Ruth Rand using the contact details set out below.

Tel: 020 7210 0186

Fax: 020 7210 0131

Email: email to Ruth Rand

2nd Floor
Steel House
11 Tothill Street
London
SW1H 9LH



The Judicial Appointments Commission

The Constitutional Reform Act also provides for the setting up of a new Judicial Appointments Commission (JAC), which will be established in April 2006.

The JAC will be a Non-Departmental Public Body (NDPB), and will take on responsibility for the judicial appointment process, up to, and including, the making of recommendations for judicial appointment to the Lord Chancellor. Notifications to candidates of successful appointment, and supporting work will be sent from the Lord Chancellor. The Lord Chancellor will then have limited scope for rejecting or referring back a recommendation.

These recommendations will be made by the Chairman of the Commission who will be a lay person, and 14 further Commissioners, who will be a mix of judicial, professional and lay members. The Commission will be supported by a Chief Executive and staff already experienced in this work.

Should any judicial appointment competition not have completed by April 2006, either, the Act will not be brought into force in relation to the appointment concerned until the competition is completed, or the JAC will take on responsibility for recommending candidates for appointment to the Lord Chancellor, depending on how far advanced the competition is. All competitions starting post April 2006 will be administered solely by the JAC.

More information on the Constitutional Reform Act can be found at: www.legislation.hmso.gov.uk/acts/acts2005/20050004.htm

Contact details:
If you have any queries regarding the Judicial Appointments Commission please contact Hannah Davenport using the contact details set out below.

Tel: 020 7210 0180

Fax: 020 7210 0131

Email: email to Hannah Davenport

2nd Floor
Steel House
11 Tothill Street
London
SW1H 9LH



Part 2 - Annexes

ANNEX A

JOB DESCRIPTION

SPECIALIST CHANCERY CIRCUIT JUDGE
TO BE BASED AT BIRMINGHAM CIVIL JUSTICE CENTRE (GROUP 5)

  1. Purpose of Office
    The appointment will be to the office of Specialist Circuit Judge and it will carry with it a designation of the appointee as a Chancery Judge. Remuneration will be in Group 5, equivalent to that of a Senior Circuit Judge. The successful candidate will be appointed to act as a Judge of the High Court under section 9 of the Supreme Court Act 1981.

    The appointee will be based at Birmingham Civil Justice Centre as the Chancery Judge for the Midland Circuit.

    The main work will be Chancery disputes (including insolvency). However, the appointee will also be expected to undertake other appropriate civil work. The appointee may be required to sit in the Chancery Division in London. Subject to the consent of the Presiding Judges on the Midland Circuit a successful candidate with suitable experience may be invited to sit in the Crown Court.

    A separate note entitled "Circuit Judges (Group 5) - Outline of Terms and Conditions of Service" is attached.

  2. Jurisdiction
    Specialist Circuit Judges act as Judges of the High Court under Section 9 (1) of the Supreme Court Act 1981. The Chancery Circuit Judge based at Birmingham has full jurisdiction to deal with all types of Chancery actions and applications with the exception of patent and revenue actions.

  3. Main Activities
    The main activities of a Chancery Judge are as follows:

    • Managing, in conjunction with the Supervising Chancery Judge for the Midland Circuit, the Chancery List including supervising the staff responsible for the detailed work of listing, to secure the efficient disposal of business compatible with the interests of justice

    • Hearing urgent interlocutory applications including injunctions, applications not suitable for hearing by a District Judge and case management conferences

    • Dealing with such applications as can be dealt with on paper such as consent orders and certain without notice applications

    • Hearing appeals from District Judges in appropriate cases

    • Dealing with telephone applications

    • Handling of the weekly applications list

    • Reading papers as necessary before all hearings

    • Conducting the trial of Chancery and other civil cases

    • Preparing reserved judgments

    • Liaising closely with the other Midland specialist Judges (Mercantile and Technology and Construction) over cases suitable to be tried by any of the specialist Judges

    • Liaising with the Designated Civil Judges on the Midland over matters of common concern.

    • Reporting from time to time, usually through the Chancery Supervising Judge, to the Vice-Chancellor, any and all matters relevant to the conduct of Chancery business on the Midland Circuit.

  4. Other responsibilities

    1. Keeping abreast of legal developments

      • Chancery Judges need to keep abreast of legal developments in their fields. This entails a substantial amount of reading not directly connected with the cases they are trying.

    2. Other judicial and public duties

      • The work of a Chancery Judge involves some administrative work.

      • Great importance is attached to publicising and encouraging the work of the Chancery Court in Birmingham and elsewhere on the Midland Circuit; ensuring that it continues to retain the confidence of the local business community and in particular the local commercial solicitors and members of the specialist bar. Accordingly key responsibilities of the Chancery Judge will be to develop the business of the Court further, to ensure that it meets the needs of the business community and to establish and maintain good relations with practitioners using the Court.



OFFICE OF SENIOR CIRCUIT JUDGE
RESPONSIBILITIES AND JOB DESCRIPTION

Leadership

  1. The general responsibility of a Resident Judge and a Designated Civil Judge and Designated Family Judge is to provide, under the overall responsibility of the Presiding and Family Division Liaison Judges, leadership to the Judiciary, full or part time, within the court centre or group of courts, in particular in respect of the judicial work of that centre or group.

Allocation and despatch of the business of the court

  1. The Resident Judges and the Designated Civil and Designated Family Judges have the general responsibility, subject to the guidance of the Presiding Judges and Family Division Liaison Judges, within the court centre or group of courts for the allocation of criminal, civil and family judicial work (as the case may be) to ensure the just and efficient despatch of the business of the court or group of courts. This includes:

    1. The overseeing of the deployment of allocated judges at the court or group, including the distribution of work between all the judges allocated to that court. He will be given by the Presiding Judge an input into the preparation and organisation of annual sitting plans of all the judges expected to be deployed to that court centre or group (see paragraph 4). He will also be expected to liaise on deployment regularly with the Designated Civil Judge or Designated Family Judge or Resident Judge (as the case may be) within the court centre or group on deployment throughout the year and on other matters of mutual interest, including:

      1. Arrangements for the flexible transfer of judges between civil, family and criminal business where a list “goes short” on a particular day.

      2. Arrangements for the regular exchange of information about cases in one jurisdiction that may affect the work of another jurisdiction

    2. Setting listing policy, after appropriate consultation, in accordance with the directions and guidance of the Lord Chief Justice, the Head of Civil Justice or the President, and directing, in liaison with the listing officer and diary manager, the listing at the Court so as to ensure that, as far as possible, all contested cases are brought to trial with the minimum of delay, heard by an appropriate judge and that the available judiciary are fully and effectively deployed, consistent with the needs of the users of the court.

    3. Reviewing on a regular basis the information in relation to the business of the court, including waiting times, indicators and targets, and taking, so far as resources permit, any remedial action necessary and appropriate.

    4. Giving guidance where necessary for the efficient conduct of the business of the court. This will include encouraging all judges to adopt the same policy and consistency of approach to applications to adjourn, and to practices that cause delay or inefficiency in the dispatch of business of the court.

    5. Ensuring that cases and applications of particular importance or sensitivity are heard by a specific judge;

    6. Seeking from the Presiding Judges or Family Division Liaison Judges releases on High Court cases where necessary.

    7. Seeing that there are arrangements for all cases to be made subject to effective and consistent case management.

    8. Supervising under the directions of the Lord Chief Justice, the Head of Civil Justice and the President and the guidance of the Presiding Judges and Family Division Liaison Judges transfers of cases to or from other courts from or to the court centre or group of courts. Responsibility for transfer between Circuits is that of the Presiding Judges.

    9. Encouraging (where available and permitted) the use of Information Technology, including video and telephone conferencing.

    10. Providing information for the publication of the annual Report for the court centre or group in accordance with guidance given by the Senior Presiding Judge.

The Judicial Team

  1. There is a general responsibility for the judicial team; this includes:

    1. Maintaining regular contact with all the other judges and providing support for the permanent judges, including career advice, and offering help if difficulties relating to health or well-being become apparent.

    2. Consulting the Circuit and District Judges in relation to matters for which he is responsible.

    3. Providing references or information in respect of those applying for judicial appointment or promotion.

    4. Making recommendations to the Presiding or Family Liaison Judges for authorisations to try specific types of case in the High Court, Crown Court and County Court.

    5. Making arrangements for the dissemination of important matters of law and practice of which the judicial team might otherwise be unaware.

    6. Determining, having regard to experience, the type of cases each part- time judge should try at Circuit Judge level and, in consultation with the full time District Judges, at District Judge level.

    7. Making appropriate arrangements for bringing local issues to the attention of part-time judges.

    8. Facilitating overall arrangements for the mentoring and training of part-time judges, and ensuring that arrangements are in place for "sitting-in" and "supervised sittings". Detailed arrangements for mentoring, training, “sitting in” and “supervised sittings” will be handled by the Association of District Judges (for District Judges and Deputy District Judges), the JSB, or the administration, as the case may be for the judge concerned

    9. Making arrangements for advising Recorders or deputies if mistakes are made on procedural or technical points.

    10. Liaising with the judges and court manager to ensure there is a system for the co-ordination, wherever possible, of absences whether for holidays or professional and other commitments;

    11. Appointing one or more persons to exercise his responsibilities when he is away.

    12. Informing the Presiding or Family Liaison Judges of any concerns about any member of the judicial team or the unsuitability of part-time judges to try particular types of case. Procedures in respect of complaints are set out separately; these are currently to be found in the Complaints Protocol.

    13. Dealing with queries by judges and staff in relation to problems and matters of policy within the court centre or group.

Deployment of Judges to the Court

  1. The Resident and Designated Judges are responsible for:

    1. Discussing, in accordance with arrangements made by the Presiding Judges, the sitting plans and deployment of judges to the court centre or group so as to ensure, as far as resources permit, that there is an adequate complement of appropriate judges at the court centre or courts within the group.

    2. Reviewing with the Circuit Administrator (Regional Director) the plans and deployment arrangements produced, and discussing with the Presiding Judges any concerns on sitting patterns which might affect the efficient despatch of the business of the court.

The court administrative staff

  1. The Resident and Designated Judge will be:

    1. Expected to hold regular meetings with the Circuit Administrator (Regional Director) and Group Manager (Area Director) under arrangements agreed with the administration to discuss issues such as:

      1. The provision of proper court security
      2. Staff appointments and numbers
      3. Budgetary issues
      4. Accommodation issues
      5. Deployment and sitting days
      6. The timeliness of and accuracy in the drawing up of Orders

    2. Consulted about any plans for the acquisition, extension, maintenance, fitting out or re-arrangement of any accommodation at the Court or Courts for which he is responsible.

Presiding and Family Division Liaison Judges

  1. The Resident and Designated Judges have the responsibility for liaising with the Presiding or Family Division Liaison Judges regularly on the business of the court or group and informing them of any concerns or problems which cannot be dealt with locally.

Liaison work

  1. The manner of coordination of representation, liaison and similar responsibilities as between the judges within each Area will be determined by the Presiding Judges.

  2. In addition, there will usually be a need to provide for:

    1. Chairing (or making arrangements for chairing) relevant committees: in particular the Court Users' Committee, and maintaining liaison with the local Law Societies, the Bar, court users, and other courts within the group as appropriate, in order to exchange information and promote best practice.

    2. Maintaining liaison with the JSB on training issues, and discussing through the Area Judicial Forum participation in Area Training Committees where appropriate.

    3. Maintaining contact with other Resident and Designated Judges in relation to problems and matters of mutual interest or concern.

    4. Performing such civic responsibilities as are required, and maintaining relations with the High Sheriff and Lord Lieutenant, and with appropriate members and officers of the local authorities; assisting with welcoming visitors to the Court.

    5. Ensuring that there are in place proper arrangements with the local media, seeking the advice of the Press Office where necessary. Advice on this should be sought from the Presiding Judges.

    6. Facilitating arrangements for open days, schools liaison and visits to courts.

    7. Making arrangements for responses to requests for interviews with judges in connection with research, provided that such requests have been specifically approved in writing by the Lord Chief Justice, the President, the Deputy Chief Justice, the Deputy Head of Civil Justice or Senior Presiding Judge.

II SPECIFIC RESPONSIBILITIES OF THE RESIDENT JUDGE

  1. In addition to the general responsibilities set out above, a Resident Judge has the responsibility for the allocation of business:

    1. Implementing and supervising of Directions for the allocation of business given by the Lord Chief Justice and the Presiding Judges.

    2. Ensuring continuity where necessary in a specific case by allocating preliminary hearings to the same judge, and ensuring where possible that he should also hear the case.

    3. Informing the Presiding Judges in accordance with directions given by them of (1) all cases where the estimated length of trial is longer than four weeks, and (2) any cases likely to give rise special public or media interest.

    4. Assisting the Presiding Judges in the management of major cases, including murders, major sexual offences and complex frauds, and ensuring that proper arrangements are in place for cases involving vulnerable witnesses.

    5. Closely supervising the work of his court centre(s) (including PDHs, Narey hearings and mentions) and giving such directions as are necessary for the proper preparation and pre-trial management of cases.

    6. Ensuring that any applications for Armed Police are passed as quickly as possible to the Presiding Judges.

  2. In addition to the specific responsibilities set out above, he has an overall responsibility for dealing with matters relating to the despatch of all the business of the court:

    1. For ensuring that arrangements are in place for bringing to trial all criminal cases with the minimum of delay, and that any not brought to trial within 16 weeks of committal or transfer are closely monitored and reports are provided regularly to the Presiding Judge.

    2. For the monitoring of cracked and ineffective trials, and for taking steps to explore reducing the incidence of such cases.

    3. For monitoring the figures for witness waiting times and discussing with those responsible the means for reducing these.

    4. For monitoring cases involving persistent young offenders and persistent offenders, custody time limits and long-outstanding cases.

    5. For nominating Judges to review DTTOs in any case where the sentencing judge has not reserved this to himself.

  3. He has a specific responsibility for making arrangements for dealing with a wide range of applications including:

    1. Adjournments

    2. Enhanced representation or changes to representation orders

    3. Appeals out of time

    4. Bail variations

    5. Extensions of time for the service of papers

    6. Deferment or excusal from jury service

    7. Proceeds of Crime Act

    8. Custody Time Limits in any case not allocated to a judge

    9. Special Measures

    10. Service of psychiatric reports

  4. The liaison work is particularly important and specifically includes:

    1. Coordinating, in the way agreed with the Presiding Judges, the judicial representation on and liaison with the Local Criminal Justice Board, the Magistracy (through the Magistrates' Liaison Judge), the Advisory Committee, the Probation Board (and NOMS), the Youth Offending Team and other similar bodies. The Resident Judge (or one of them) will be the representative of the judiciary to the Local Criminal Justice Board.

    2. Discussing with Chief Crown Prosecutors, Chief Constables, Chief Probation Officers, and representatives of the professions in relation to general issues concerning the administration of criminal justice, including listing policies.

    3. Encouraging and supporting the work of the Witness Service and providing appropriate assistance in relation to the maintenance of their independence and the confidentiality of their work.

    4. Encouraging and supporting the work of the Probation Service and the court probation officer and any voluntary groups or agencies, and ensuring that what they can offer is made known to the judiciary.

    5. In conjunction with the Court Manager, giving leadership, support and encouragement to all Court Service Staff, Security, Cell and Escort Staff, Police Liaison Officers and others who work regularly at the Court.

    6. Encouraging and supporting the work of the Ethnic Minorities Liaison Judge.

    7. Encouraging visits to prisons.

JOB DESCRIPTION - CIRCUIT JUDGE

Purpose of Office

  1. The purpose of all judicial office is to administer justice in accordance with the laws of England and Wales.

  2. Circuit Judges swear the judicial oath (or affirm) that they "will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the Office of a Circuit Judge and do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill will".

Jurisdiction

  1. Circuit Judges sit throughout England and Wales at approximately 90 locations of the crown court and at about 230 county courts. Circuit judges are assigned to a particular circuit and may sit at any of the crown or county courts on that circuit. Sittings arrangements, which are determined by the circuit administrator in consultation with the presiding judges, stand to vary from time to time depending on the needs of the business.

  2. The jurisdiction of a circuit judge is summarised in the following pages. Circuit judges normally sit in both criminal and civil work, though a few may be appointed for more specialised posts. Some judges are specifically authorised to hear public and/or private law matters within the family jurisdiction.

Main Activities
The main activities of a Circuit Judge are as follows:

  1. Preparing for trial and Case Management

    Reading and assimilating case papers before a hearing, or the trial, commences:

    In the Crown Court:
    1. Conducting preliminary hearings to identify and to determine procedural issues.

    2. Playing an active role in determining the way in which the case is to be handled and, as appropriate, managing its progress from committal to sentence.

    In the county courts:

    1. The court is required to further the overriding objective of the new case management procedures by actively managing cases. Active case management includes -

      • Encouraging the parties to co-operate with each other in the conduct of the proceedings.

      • Identifying the issues at an early stage.

      • Deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others.

      • Deciding the order in which issues are to be resolved.

      • Encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure.

      • Helping the parties to settle the whole or part of the case.

      • Fixing timetables or otherwise controlling the progress of the case.

      • Considering whether the likely benefits of taking particular step justify the cost of taking it.

      • Dealing with as many aspects of the case as it can on the same occasion.

      • Dealing with the case without the parties needing to attend at court.

      • Making use of technology.

      • Giving directions to ensure that the trial of a case proceeds quickly and efficiently.

  1. Presiding over court proceedings

    Controlling (in accordance with the relevant law and practice) the manner in which cases are conducted:

    1. ensuring that parties are on an equal footing, and that, whether represented or not, they are enabled to have their cases presented, and have them considered, as fully as fairly as possible;

    2. promoting in each case the most expeditious dispatch of business compatible with the interests of justice;

In the Crown Court:

  1. Summing up to a jury.

    In the county courts:
  2. Dealing with the case in ways which are proportionate -

    • to the amount of money involved;

    • to the importance of the case;

    • to the complexity of the issues; and

    • to the financial position of each party -

    • and allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.

  3. Maintaining the authority and dignity of the Court.

  4. Deciding issues of law and procedure which may arise during a case.

  1. Sentencing

    In the Crown Court:

    1. Sentencing convicted defendants (including persons committed for sentence from the Magistrates' Courts) according to the law and the circumstances of the case.

  2. Judgment

    In the county courts:
    1. Deciding actions by finding facts, applying the relevant law to them and giving a reasoned judgment.

    2. Determining contested applications, contested divorce petitions and other issues by consideration of the papers and evidence presented at any hearing and making findings of fact, applying the relevant law and, where appropriate, giving a reasoned judgment.

    3. Assessing and awarding damages and costs, deciding the amount and manner of payment, making possession orders and punishing for contempt or breach of court orders.

    4. Making orders for adoption, and the protection, care and supervision of children (Designated Family Judges and Nominated Care Judges only in public law cases under s.8 of the Children Act 1989).

    5. Making orders relating to property and maintenance.

    6. Supervising the wording of the judgments and orders of the Court.

  3. Appeals

    In the Crown Court:
    1. Hearing appeals from the Magistrates' Courts (with lay justices).

      In the county courts:
    2. Hearing appeals from District Judges.

  4. Other work

    Other duties include, for example -

    1. Assessing costs and reviewing detailed assessments;

    2. Determining applications for permission to appeal.

      In the Crown Court:
    3. Dealing with bench warrants.

    4. Hearing bail applications.

      In the county courts:
    5. Granting certificates to certificated bailiffs.

Other Responsibilities

  1. Keeping abreast of legal developments

    1. Circuit Judges need to keep abreast of legal developments. This entails a substantial amount of reading not directly connected with the cases which they are trying.

    2. Circuit Judges attend Judicial Studies Board refresher seminars, and circuit-based events such as sentencing conferences.

Other judicial and public duties

  1. One Circuit Judge acts as Resident Judge at each Crown Court Centre, overseeing the disposal of judicial business and listing at that Centre, offering support and guidance to the full-time and part-time judiciary at that Centre and providing links between them and (a) the Presiding Judges and (b) the administration.

  2. Some Circuit Judges may act as the Senior Circuit Judge for the county courts in a certain area.

  3. Some Circuit Judges sit as judges of the High Court under s.9 of the Supreme Court Act 1981.

  4. Some Circuit Judges preside over Mental Health Review Tribunals, or act for a period as Presidents of other Tribunals.

  5. Designated Family Judges chair Family Court Business Committees and Family Court Forums and liaise with representatives of other agencies of the family justice system including justices' clerks.

  6. Designated Civil Judges have general oversight of, and responsibility for, the conduct of non-family civil business at the courts within their court group.

  7. Some Circuit Judges may from time to time undertake a variety of other public duties, e.g.:

    1. To serve on Parole Boards (including Discretionary Lifer Panels).

    2. To serve on Probation Committees.

    3. To act as members or tutors of the Judicial Studies Board and to oversee Recorders in training.

    4. To liaise with and/or train magistrates.

    5. To chair Court User Committees.

    6. To chair Area Criminal Justice Liaison Committees.

    7. To sit as members of Rules Committees.

    8. To serve on various advisory committees and other bodies



ANNEX B

Circuit Judges/Recorders - Competency Framework

Competency Standards
Independence and Professionalism Demonstrating Technical Knowledge & Expertise
Has acquired in-depth legal knowledge of the jurisdiction applied for or the potential to acquire it
  1. Demonstrates good understanding of legal principles and concepts (including human rights)
  2. Has thorough legal knowledge and experience in own areas of practice
  3. Demonstrates appropriate level of expertise in his/her chosen professional area
Demonstrating Integrity and Independence
Shows an understanding of, and commitment to, the requirements of fairness and justice
  1. Takes an independent position and is not influenced by intruding pressures e.g. from press, public gallery or particular interests
  2. Is seen to be scrupulously fair, attends properly to equalities and rights (e.g. race, gender, sexual orientation, age)
  3. Demonstrates commitment to achieving a just result
  4. Behaves in an open and straightforward manner and is consistent in approach
Showing Authority
Keeps effective control of proceedings showing self assurance when dealing with others and handling difficult situations
  1. Maintains control at all times e.g. makes clear that certain behaviour will not be tolerated
  2. Maintains correct court procedures / etiquette
  3. Is aware of what is going on in all parts of the court
  4. Establishes credibility through command of case material, procedure and progress
  5. Finds balance between formality and approachability
  6. Manages the influence/impact of people's behaviour in court on others e.g. jury, witnesses
Developing Knowledge
Is open to developing an awareness of social & cultural issues, enhancing their legal knowledge and understanding
  1. Demonstrates willingness to learn and stay up-to-date in relevant legal areas
  2. Demonstrates willingness to learn about other cultures and diversity issues
  3. Asks for help and advice when needed
Managing Workload
Works effectively and efficiently, preparing and planning to make the best use of time
  1. Manages individual cases effectively, e.g., finds pragmatic solutions to delays; halts unproductive questioning; directs parties to concentrate on relevant issues and points
  2. Seeks to understand pressures on the court system and demonstrates willingness to maintain / improve efficiency
  3. Has a conscientious and committed approach to handling workload e.g. prepares adequately
  4. Is flexible to deal with changes in pace and workload e.g., manages the order of a case list to make best use of time
Judgement Weighing and Analysing
Logically analyses arguments and explores the information available (verbal / written)
  1. Quickly and accurately assimilates information
  2. Extracts salient points from mass of information, not lost in detail
  3. Retains and recalls key information and facts
  4. Identifies errors or inconsistencies in logic or innformation in submissions and evidence
Resolving and Deciding
Applies sound judgement to reach solutions and make incisive, fair and legally sound decisions
  1. Makes firm decisions even when the issue is difficult and/or the solution not obvious or unpopular
  2. Makes decisions at the right time i.e. knows when to make an immediate decision and when to reserve judgement/adjourn
  3. Considers consequences and impact for all involved when making a decision e.g. victims, families, parties, witnesses
  4. Uses judicial discretion within the framework of the law to reach a just result
People Skills Communicating
Takes steps to ensure people understand the proceedings, orders and decisions
  1. Explains complex matters in straightforward way to court users
  2. Presents reasoning in a consistent and logical way
  3. Adapts style to ensure communication is clear and appropriate to all parties including those from diverse backgrounds and cultures
  4. Ensures that others (e.g. defendant in person, jurors) understand progress, directions, options and decisions
  5. Is focused and concise in verbal and written communications
  6. Stresses the potential seriousness of an offence/situation and implications of decisions
Building Positive Relationships
Shows sensitivity to the diversity and needs of litigants, witnesses, advocates, staff and colleagues
  1. Treats people with respect and dignity and in a fair and equal manner
  2. Deals patiently and courteously with people
  3. Listens and gives attention to others
  4. Is sensitive to others' circumstances and feelings
  5. Shows appreciation of, and keeps in touch with, cultural/social differences and issues
  6. Works cooperatively and constructively with others e.g. colleagues, staff, Her Majesty's Courts Service


ANNEX C

OUTLINE TERMS AND CONDITIONS OF SERVICE AND TERMS OF APPOINTMENT
SENIOR CIRCUIT JUDGE AND RESIDENT JUDGE TO SIT AT BIRMINGHAM CIVIL JUSTICE CENTRE

General

  1. The following is a summary of the basic terms and conditions of service. Fuller details, including the conditions of appointment, will be supplied to candidates who are offered appointment.

Prohibition on practice

  1. A Senior Circuit Judge shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s75, Courts and Legal Services Act 1990). The Secretary of State and Lord Chancellor also regards a judgeship as a lifetime appointment. Any offer of appointment is therefore made on the understanding that appointees will not return to practice.

Salary, income tax and national insurance

  1. The salary of a Senior Circuit Judge is £125,803. It is paid out of the Consolidated Fund. Income tax, which is payable under Schedule E, is deducted at source in accordance with PAYE arrangements. A Circuit Judge is classed as an "employed earner" for National Insurance purposes and is liable for Class 1 contributions, which are deducted from salary together with income tax. Since the judicial pension scheme has been contracted out of the state pension scheme, contributions are payable at the lower, contracted-out, rate. Liability for National Insurance contributions ceases at age 65 (men) or 60 (women) even if service continues thereafter.

Pension Terms

  1. Senior Circuit Judges' pensions are determined in accordance with the provisions of the Judicial Pensions and Retirement Act 1993. Although membership of the judicial pension scheme is automatic on appointment, it is not compulsory and a judge may opt out. Under the Judicial Pensions and Retirement Act 1993, an immediate pension is payable at age 65, provided a judge has completed at least 5 years' service. The annual rate of the pension will be 1/40th of a judge's pensionable pay multiplied by the length of service in qualifying judicial office (expressed in years and fractions of a year) subject to a maximum pension equal to one-half of pensionable pay after 20 or more years' service. An actuarially reduced pension is payable immediately where a judge retires, having completed at least 5 years' service, after attaining age 60 but before age 65. Where a judge is obliged to retire on health grounds before attaining age 65, his or her service will be enhanced by a period equal to one-half of the service he or she would otherwise have served from the day following retirement to his or her 65th birthday.

  2. In addition to the pension, a lump sum (taxable above the level of the Inland Revenue “pension cap”) equal to 2.25 times the annual rate of that pension is payable. There is a spouse's pension at the rate of one-half of the personal pension accruing or in payment at the time of death and provision for a children's pension. In the event of death in office, there is provision for a death benefit equal to twice the amount of a judge's pensionable pay. Contributions towards spouses' and children's pensions are compulsory for all Senior Circuit Judges and take the form of monthly payments of 3% of pension-capped salary. No income tax is payable on these contributions. Pensions already in payment are subject to increases under the Pensions (Increase) Act 1971.

NOTE:
This outline takes no account of the implications for the judicial pension scheme of the general changes in pensions tax arrangements under the Finance Act 2004. It is not possible at the present time to state what changes may be made to the scheme in the light of these tax changes; further information will be provided as and when possible.

Sitting days and holidays

  1. The Secretary of State and Lord Chancellor considers it essential, in particular because of the burden of work on the courts and tribunals, for Senior Circuit Judges, and members of the judiciary in general, to devote at least 210 days in each year, and perhaps more, to the business of the courts. In order to ensure that this can be achieved, notwithstanding any hearings which might be cancelled, he thus expects that the initial yearly plan for any year's work provide for judges to devote between 215 and 220 days to judicial business.

Sick leave

  1. No adjustment in a Senior Circuit Judge's salary is made during any absence on sick leave. No limit is placed on the length of any absence, provided there is a reasonable prospect of an eventual return to duty. When a Judge has been on extended sick leave the Secretary of State and Lord Chancellor always seeks a medical view of his or her overall health to enable him to establish whether the Judge's health will be damaged by the return to duty and whether he or she will be able to provide full and effective service. In the interests of the efficient disposal of court business, Judges are requested to notify the circuit administration promptly if they are absent on sick leave.

Tenure

  1. Under the provisions of the Judicial Pensions and Retirement Act 1993, a Circuit Judge will normally be required to vacate his or her office on his or her 70th birthday (s26 of the 1993 Act). A Senior Circuit Judge may be removed from office by the Secretary of State and Lord Chancellor on grounds of incapacity or misbehaviour (s17(4), Courts Act 1971). No such removal may be carried out without the prior agreement of the Lord Chief Justice.

Residence and travelling etc allowances

  1. A Senior Circuit Judge must live within reasonable travelling distance of the courts at which he or she will sit. As elsewhere in the Crown Service, travelling allowances may not be paid for journeys between a judge's home and principal place of work. However, where a judge sits at more than one court, he or she may claim a mileage allowance or the cost of first class rail travel for journeys to courts other than the principal court or courts i.e. to those courts where he or she spends less than 40% of his or her time. A night subsistence allowance is payable where a judge is obliged, by sitting away from the principal court, to stay away from home. Travelling etc allowances are payable in respect of other miscellaneous official journeys.

Cost of taking up appointment

  1. A Senior Circuit Judge is entitled on appointment to a tax-free allowance of £9,780 towards the cost of the purchase of the necessary robes. No assistance is available from public funds towards any costs incurred (e.g. through a move of house) on appointment as a Circuit Judge. Exceptionally, however, a serving District Judge (or other full-time judge) promoted to the Circuit Bench is entitled to relocation expenses if, as a result of that promotion, removal of home becomes necessary.

Relocation allowances

  1. When an established judge is asked by the Secretary of State and Lord Chancellor to change his or her sitting arrangements and, because of that change, the judge is obliged to remove his or her family home, he or she may claim a range of relocation allowances. Assistance is not available, however, if the move is arranged at the judge's request and there is, in the Secretary of State and Lord Chancellor's opinion, no significant need for the transfer in relation to the administration of justice.

Freemasonry

  1. Following the Government's response to the Report of the House of Commons Select Committee on Freemasonry in the Police and the Judiciary, a person who has been offered a full-time judicial appointment for the first time is also asked as a condition of appointment whether he or she belongs to the Freemasons, and if not, that he or she notifies the Secretary of State and Lord Chancellor in the event that he or she subsequently joins them. It must be expected that this information will be included in a public register.

Outside Activities/Company Directorships

  1. A full-time judicial office holder should not in any capacity engage in any activity which might undermine, or be reasonably thought to undermine, his or her judicial independence or impartiality. He or she must expect to forgo any kind of political activity and be on his or her guard against circumstances arising in which his or her involvement in any outside activity might be seen to cast doubt on his or her judicial impartiality or conflict with his or her judicial office. A person holding a company directorship is expected to relinquish this on appointment to full-time judicial office. He or she is also expected to submit his or her resignation to the Secretary of State and Lord Chancellor in the event of nomination or adoption as a prospective candidate for election to Parliament, or to the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly or to the European Parliament.



ANNEX D

LIST OF CONSULTEES

All Circuit Leaders will be consulted on candidates applying for their respective Circuits.

The Lord Chancellor has asked that the following senior members of the judiciary be contacted automatically for comments regarding the suitability for appointment to the advertised post of those candidates whose work is known to them:

Division / Circuit Incumbent (Former) Post(s) Who will be referred
Queen's Bench Division Sir Igor Judge President of the Queen's Bench Division All applicants
Lord Justice of Appeal Lord Justice Thomas Senior Presiding Judge of England and Wales
Midland Circuit The Honourable Mr Justice Goldring Presiding Judge
The Honourable Mr Justice Gibbs Presiding Judge
The Honourable Mr Justice Patten Chancery Supervising Judge
The Honourable Mr Justice Hart Chancery Supervising Judge
Mr Peter Collier QC Circuit Leader


In addition, for practitioner applicants who sit or work for at least 40% of their time on other Circuits or in other specialisms, the appropriate Presiding or Specialist Liaison Judges will also be approached automatically, and should therefore not be nominated.

ANNEX E

Example Assessment Form

page one of annex e

page two of annex e

page three of annex e



TIMETABLE

SPECIALIST CHANCERY CIRCUIT JUDGE TO SIT AT BIRMINGHAM CIVIL JUSTICE CENTRE



Closing date for applications 19 January 2006
Consultations 26 January 2006
Sift W/C 27 February 2006
Invitations to interview W/C 27 February 2006
Provisional Interview Date W/C 6 March 2006
Despatch Results April 2006
Successful candidate takes up post April 2006

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