Lords of Appeal in Ordinary

3.1

The Lords of Appeal in Ordinary ('Law Lords') are the members of the House of Lords in its judicial capacity, i.e. highest court in the United Kingdom. They are appointed by The Queen on the recommendation of the Prime Minister, who receives advice from the Lord Chancellor. Before tendering advice, the Lord Chancellor customarily consults serving Law Lords and other senior members of the judiciary. In practice, Law Lords are generally appointed from among the experienced judges of the Court of Appeal in England and Wales, the Court of Session in Scotland and the Court of Appeal in Northern Ireland.

3.2

On 6 June 2000, Lord Bingham of Cornhill, the then Lord Chief Justice of England and Wales, was appointed a Law Lord on the retirement of Lord Browne-Wilkinson. Lord Bingham was appointed Senior Law Lord on the same date. Sir Richard Scott, formerly the Vice-Chancellor (see below), was appointed a Law Lord on 17 July 2000 in succession to Lord Phillips of Worth Matravers who was appointed Master of the Rolls on 6 June 2000.

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Heads of Division

3.3

The Heads of Division are the most senior judges of the Supreme Court. The Lord Chief Justice is President of the Criminal Division of the Court of Appeal and of the Queen's Bench Division of the High Court, and as such has overall responsibility for the judicial aspects of the criminal justice system. The Master of the Rolls is the senior judge of the Civil Division of the Court of Appeal. The President of the Family Division, as the title implies, is the senior Family Division judge. The Vice-Chancellor is, strictly speaking, the Lord Chancellor's deputy as the senior judge of the Chancery Division of the High Court. In practice, he exercises all of the Lord Chancellor's responsibilities in this role. (A summary of the jurisdiction exercised in each of the Divisions is at paragraph 3.8.)

3.4

Like the Law Lords, the Heads of Division are appointed by The Queen on the recommendation of the Prime Minister, who receives advice from the Lord Chancellor. In practice, Heads of Division are generally appointed from the Court of Appeal Judges but occasionally from the Law Lords (and even, on rare occasions, from the High Court).

3.5

In 2000 there were significant changes to the Heads of Division. On 6 June 2000, Lord Woolf, the then Master of the Rolls, was appointed Lord Chief Justice of England and Wales, in succession to Lord Bingham of Cornhill on his appointment as Senior Law Lord. Lord Phillips of Worth Matravers was, on 6 June 2000, appointed Master of the Rolls in succession to Lord Woolf on his appointment as Lord Chief Justice of England and Wales. Sir Andrew Morritt, previously a Lord Justice of Appeal, was appointed Vice-Chancellor on 17 July 2000, in succession to Sir Richard Scott who was appointed a Law Lord.

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Lords Justices of Appeal

3.6

The Lords Justices of Appeal are the ordinary judges of the Court of Appeal, which is sub-divided into Civil and Criminal Divisions to deal respectively with appeals in civil and criminal cases. They too are appointed by The Queen on the recommendation of the Prime Minister, who receives advice from the Lord Chancellor. Before tendering advice, the Lord Chancellor customarily consults senior members of the judiciary. In practice, Lords Justices of Appeal are generally appointed from among the experienced judges of the High Court.

3.7

During the year 2000/2001, there were seven appointments of Lords Justices of Appeal:

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High Court Judges

3.8

High Court Judges are appointed by The Queen on the recommendation of the Lord Chancellor. Before making his recommendations, the Lord Chancellor customarily consults senior members of the judiciary. High Court Judges are appointed from among the senior members of the legal profession or by promotion from the office of Circuit Judge. On appointment, High Court Judges are assigned to one of the three Divisions of the High Court - the Chancery Division (which deals with issues such as property matters, banking and financial matters, bankruptcy and copyright law), the Queen's Bench Division (which deals with most types of civil law, including admiralty and commercial matters and defamation) or the Family Division (which, as the name implies, deals with family law matters).

Open Advertisement

3.9

As mentioned in last year's Report, in February 2000 the Lord Chancellor again invited applications for appointment to the High Court. Any practitioner or judge who meets the minimum statutory criteria and applies in this way can now be confident that their claims to appointment to the High Court have been considered. The Lord Chancellor continues to reserve the right to appoint those who have not made an application.

3.10

There were 51 applications from members of the legal profession, 7 applications from Circuit Judges and 1 application from a District Judge. The Lord Chancellor also consulted the senior judiciary and senior members of the profession on 31 other senior practitioners and 9 other Circuit Judges on whom he particularly wanted views. Consultees were free to comment on any other practitioner or Circuit Judge they wished.

3.11

Of the 19 Judges appointed to the High Court in 2000/2001, 7 were applicants for the 2000 High Court competition, and 12 were invited to accept appointment. Mr Justice Lawrence Collins, who was appointed to the Chancery Division on 28 September 2000 was the first solicitor to be appointed directly to the High Court. The names of those appointed follow and full statistics on all the appointments in 2000/2001 are in Annex H.

Appointments

3.12

The following appointments were made to the High Court in 2000/2001. While many of the appointments were in succession to High Court Judges who had been promoted to the Court of Appeal or who had retired, there were a number of additional appointments to deal with an increase in work, including work resulting from the Human Rights Act 1998.

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High Court Judges with specific responsibilities

Presiding Judges

3.13

Under section 72 of the Courts and Legal Services Act 1990 the Lord Chief Justice, with the agreement of the Lord Chancellor, appoints a number of High Court Judges to serve for four years as a Presiding Judge of one of the six circuits (or regions) of England and Wales (a map showing the circuit boundaries is at Annex F). Each circuit has two Presiding Judges who have general responsibility for the judicial administration of the circuits. The Presiding Judges' work on the circuits is co-ordinated on behalf of the Lord Chief Justice by the Senior Presiding Judge for England and Wales who is a Lord Justice of Appeal. Of the 12 Presiding Judges, 3 were appointed during 2000/2001.

Family Division Liaison and Chancery Supervising Judges

3.14

Some High Court Judges are also Family Division Liaison or Chancery Supervising Judges. These are High Court Judges of the Family or Chancery Divisions respectively who are specially nominated to have general responsibility for the judicial administration of family/chancery work. The Family Division Liaison Judges are appointed by the President of the Family Division, with the agreement of the Lord Chancellor. Chancery Supervising Judges are appointed by the Vice-Chancellor. There are currently 7 Family Division Liaison Judges (one for each circuit except the South Eastern Circuit which has two) and 2 Chancery Supervising Judges (one responsible for the Midland, Western and Wales and Chester Circuits and the other for the Northern and North Eastern Circuits - the Vice-Chancellor has responsibility for the South Eastern Circuit). During 2000/2001 1 Family Division Liaison Judge was appointed. There were no appointments of Chancery Supervising Judges.

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Deputy High Court Judges

3.15

Under section 9(4) of the Supreme Court Act 1981, the Lord Chancellor has power to authorise persons qualified for appointment as High Court Judges to be deputy (part-time) High Court Judges in one or more of the Divisions of the High Court. The Lord Chancellor considers appointments as deputy High Court Judges following nomination either by the Presiding Judges (paragraph 3.13) or after request from individual practitioners. Those authorised are added to an approved list of deputies who may be invited to sit in accordance with the needs of the Courts. The procedures for authorising practitioners as deputy High Court Judges remain under review. Authorisations run until the end of the financial year in which an individual reaches his or her 65th birthday, subject to the terms and conditions of appointment.

3.16

At the beginning of the year 2000/2001, 205 practitioners were authorised to sit in the High Court; 168 were authorised to sit in the Queen's Bench and Chancery Divisions (this is treated as a single authorisation, to allow more flexible management and allocation of judicial work), and 41 were authorised to sit in the Family Division. (As a few practitioners are authorised to sit in the Queen's Bench and Chancery Divisions and Family Division, the total figure of practitioners in both types of authorisation does not equal the overall number of authorised practitioners.)

3.17

At the end of 2000, 186 of these appointments were renewed. During the period 16 deputy High Court Judges were removed from the lists on appointment to full-time judicial office, three were removed at the request of the individual and three new practitioners were added to the lists of those authorised. A total of 189 were authorised to sit at the end of this period.

3.18

At the end of the year 2000/2001, 202 practitioners were authorised to sit in the High Court, (161 to sit in the Queen's Bench and Chancery Divisions and 44 to sit in the Family Division). Between 1 January and 31 March 2001, three practitioners were removed on age grounds, three were appointed to full-time judicial office, and 19 were authorised for the first time.

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Retired Law Lords and Supreme Court Judges authorised under Section 9(1) of the Supreme Court Act 1981

3.19

The Lord Chancellor has power under section 9(1) of the Supreme Court Act 1981 to authorise those who have been Court of Appeal Judges or High Court Judges to sit in retirement on a part-time basis in the Court of Appeal, the High Court and the Crown Court. The authorisations of all of those currently on the approved list run until the date of an individual's 75th birthday.

Court of Appeal Civil Division

3.20

At the beginning of the year 2000/2001, eleven retired judges were authorised to sit in the Court of Appeal Civil Division. From 1 April 2000 until the end of December 2000 two of the authorisations lapsed, nine of the authorisations were renewed and seven additional retired judges were authorised for the first time, making a total of 16 judges authorised to sit at the end of December 2000. At the end of the year 2000/2001, 18 retired judges were authorised to sit in the Court of Appeal Civil Division, with a further three having been authorised during the period from the end of December 2000 to 31 March 2001.

Court of Appeal Criminal Division

3.21

At the beginning of the year 2000/2001, four retired judges were authorised to sit in the Court of Appeal Criminal Division. At the end of 2000, the four authorisations were renewed and six additional retired judges were authorised, making a total of ten. At the end of the year 2000/2001, three additional retired judges were added, making a total of 13 retired judges authorised to sit in the Court of Appeal Criminal Division.

High Court

3.22

At the beginning of the year 2000/2001, six retired judges were authorised to sit in the High Court. At the end of 2000, five of the authorisations were renewed and one lapsed. Three additional retired judges were authorised for the first time making a total of 8. At the end of the year 2000/2001, two more retired judges were authorised making a total of 10 retired judges authorised to sit in the High Court.

Crown Court

3.23

At the beginning of the year 2000/2001, five retired High Court Judges were authorised to sit in the Crown Court. At the end of 2000, these five authorisations were renewed and four additional retired judges were authorised to sit in the Crown Court for the first time, making a total of nine. At the end of 2000/2001, one further additional judge was added making a total of 10 retired judges authorised to sit in the Crown Court.

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Circuit Judges

3.24

The Queen appoints all Circuit Judges on the recommendation of the Lord Chancellor. Once appointed they are assigned to one of six circuits (i.e. regions - see map at Annex F) and may sit at any of the Crown Court centres and county courts (dealing respectively with criminal and civil/family cases) on that circuit. Normally Circuit Judges can hear both criminal and civil cases, although some exercise specialist civil jurisdictions or deal wholly or mainly with criminal cases (e.g. at the Central Criminal Court or Old Bailey).

3.25

Some Circuit Judges are specifically authorised to hear public and/or private law family cases (see paragraph 3.49). These relate to issues about the care and custody of children or divorce and related financial matters. Others sit on a more or less full-time basis in specialist courts and jurisdictions including Judges of the Central Criminal Court, dealing with heavy criminal cases, and Chancery Circuit Judges, Mercantile Judges and Judges of the Technology and Construction Court, all of whom deal with the heavier and more complex and specialised cases arising within the civil jurisdiction. Some Circuit Judges are authorised by the Lord Chancellor to hear High Court work (paragraph 3.44), and others are approved by the Lord Chancellor to be requested by the Lord Chief Justice to sit in the Criminal Division of the Court of Appeal (paragraph 3.41). Some Circuit Judges have additional administrative responsibility for the work of the judges and judicial teams in criminal proceedings, civil cases or family matters in the court centre or group of courts to which they are assigned. They are respectively known as Resident Judges (in the Crown Court), Designated Civil Judges and Designated Family Judges (paragraphs 3.51 to 3.54). Apart from those in designated Senior Circuit Judge posts at the largest courts in the country who receive a higher salary, they currently receive the mainstream Circuit Judge salary.

3.26

On 1 April 2000 there were 552 Circuit Judges in post. Excluding specialist Circuit Judge appointments (paragraph 3.33) there were 44 new appointments to the Circuit Bench during 2000/2001 - these were 30 of the 31 shown in last year's Report as having been approved for appointment (the other became a High Court Judge before taking up his appointment to the Circuit Bench) and 14 of those who had been placed on the reserve list in 1999/2000. After retirements, deaths in service and promotions etc. have been taken into account there were 569 Circuit Judges in post on 31 March 2001.

General Circuit Bench appointments

3.27

For general Circuit Bench appointments the Lord Chancellor normally considers applications from Recorders of at least two years' standing who are aged between 45 and 60 (see also paragraph 1.6) or those who have served in one of various other full-time judicial offices, such as District Judge, District Judge (Magistrates' Courts), Masters and Registrars of the Supreme Court, for a period of three years. In addition District Judges who sit in the county courts may apply for 'civil only' posts although these are generally few and far between. There is no age limit for current serving full-time postholders.

3.28

Applications are invited by way of open competition through an advertisement placed in the national press, various legal journals and on the Lord Chancellor's Department website. Applicants are considered for the circuit requested by each applicant and the interview selection panel for each circuit consists of a senior member of Judicial Group, who chairs the panel, a serving Circuit Judge and a lay member. Although the Judicial Group member chairs each of the panels both the judicial member and lay person are different for each circuit to ensure that neither has close links with the relevant circuit. The panels sift the applicants against the criteria for appointment on the basis of the evidence given in their applications. They also take into account the assessments gathered from the widespread consultation with the judiciary and senior members of the legal profession etc., including the up to 6 nominated consultees (paragraphs 1.25 and 3.40). The views of the Presiding Judges on each circuit (paragraph 3.13) are also sought. The panel who sifted the applicants then interview those they have shortlisted.

3.29

The Lord Chancellor makes his final decision taking into account the comments of the consultation community, the interview panel's assessment and the views of the Presiding Judges. He selects for appointment sufficient judges to fill known vacancies. He also creates a reserve list from which individuals are offered appointment to fill other vacancies that arise during the year.

3.30

The competition for appointments in 2001/2002 was held in 2000/2001. Vacancies arose on all the circuits. There were 224 applications and 152 applicants were invited for interview. 58 were approved for appointment and 34 applicants were placed on a reserve list for individual circuits. Detailed statistics of the competition are given in Annex H. These statistics show 72 approvals for appointment to take account of the 14 appointments made from the 1999/2000 reserve list (paragraph 3.26).

3.31

For unsuccessful applicants, feedback interviews were available. A total of 73 feedback interviews were conducted in 2000/2001, 33 on the telephone and 40 by way of informal meetings.

3.32

The graphs below show in percentage terms the proportions of women and ethnic minority candidates in the general Circuit Bench competitions over the last six financial years. In 2000/2001 there was a significant increase in the number and proportion of women applying for the Circuit Bench, the number interviewed was the highest in the period concerned and the proportion was higher than last year, although down on 1998/99. The number and proportion of women appointed in 2000/2001 is by far the highest in the period and a significant increase on last year. While the number of ethnic minority applicants was higher than last year, the proportion remained the same. 60% of the ethnic minority applicants were interviewed but, as last year, none were appointed. These are again disappointing figures but they continue to reflect the number of ethnic minority Recorders with the appropriate experience. The Lord Chancellor and his officials continue to encourage both women and ethnic minority applicants to all levels of the judiciary but especially to the first level appointments from which the full-time judiciary, such as Circuit Judges, are drawn. It is hoped that the kind of increases seen for appointments of women this year will be repeated for ethnic minority applicants in coming years.

Specialist Circuit Bench appointments

3.33

There were 6 competitions for specialist Circuit Judge posts. As mentioned in paragraph 3.25, these attract a salary lead over general Circuit Bench appointments. The appointments process is similar to that for general appointments.

3.34

For appointment as The Common Serjeant - Central Criminal Court there were 7 applications, 3 of whom were interviewed. Judge Peter Beaumont QC was appointed. The Common Serjeant is the second most senior judge at the Central Criminal Court (after the Recorder of London) and is also a High Officer of the City of London.

3.35

There were 12 applicants for Circuit Judges sitting at the Central Criminal Court. 5 were interviewed. Jeremy Roberts QC, Brian Barker QC and Judge Paul Focke were appointed.

3.36

There were 11 applicants for a Circuit Judge in the Technology & Construction Court. 5 were interviewed and Richard Seymour QC was appointed.

3.37

For the appointment of a Mercantile and Chancery Circuit Judge on the North Eastern Circuit there were 10 applications, 4 of whom were interviewed and Judge Peter Langan QC was appointed.

3.38

Judge Norman Jones QC was appointed as Senior Circuit Judge Leeds. There were 5 applicants, 4 of whom were interviewed.

3.39

There were 4 applicants and 3 interviews for the post of Senior Circuit Judge Birmingham - also appointed by the City of Birmingham as the honorary Recorder of Birmingham. Richard Wakerley QC was appointed.

Developments

3.40

Following a recommendation by Sir Leonard Peach, the option for applicants in all competitions to nominate up to 6 consultees was introduced in 2000/2001 (paragraph 1.25). The vast majority of applicants for the Circuit Bench took this opportunity which resulted in a 50% increase in the number of consultation forms that were submitted to the sifting and interview panels.

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Circuit Judges with specific authorisations or responsibilities

Authorisations under Section 9(1) of the Supreme Court Act 1981

3.41

Court of Appeal Criminal Division - The Lord Chancellor has the power under section 9(1) of the Supreme Court Act 1981 to authorise Circuit Judges to be requested by the Lord Chief Justice to sit in the Court of Appeal Criminal Division.

3.42

At the beginning of the year 2000/2001, 28(1) Circuit Judges were authorised to sit in the Court of Appeal Criminal Division. At the end of 2000, 22 of these authorisations were renewed, and six were not (one on the impending retirement of the judge, one at the request of the judge, one because of the death of the judge, and three due to promotion to the High Court Bench). Five new judges were also added making a total of 27 at the end of 2000.

3.43

At the end of the year 2000/2001, two additional judges were authorised, making a total of 29 Circuit Judges authorised to sit in the Court of Appeal Criminal Division.

3.44

High Court - The Lord Chancellor has power under section 9(1) of the Supreme Court Act 1981 to authorise Circuit Judges to sit part-time in the High Court, either in London or elsewhere.

3.45

At the beginning of the year 2000/2001, 251 Circuit Judges were authorised to sit in the High Court, 174 were authorised to sit in the Queen's Bench and Chancery Divisions (as with deputy High Court Judges - see paragraph 3.15 - this is treated as a single authorisation to allow more flexible management and allocation of judicial work) and 147 were authorised to sit in the Family Division. As also with deputy High Court Judges, as some Circuit Judges are authorised to sit in the Queen's Bench and Chancery and Family Divisions, the total figure of Circuit Judges in both types of authorisation does not equal the overall number of authorised Circuit Judges.

3.46

At the end of 2000, 233 Circuit Judges were re-authorised, 152 for the Queen's Bench/Chancery Divisions and 125 for the Family Division. 18 judges were removed from the lists at that time (15 on retirement, one on promotion to the High Court Bench and 2 who had died). During this period, 10 Circuit Judges were authorised to sit in High Court work for the first time, 9 for the Queen's Bench Division and one for the Family Division. At the end of December 2000, 243 Circuit Judges were authorised to sit in the High Court.

3.47

At the end of the year 2000/2001, 251 Circuit Judges were authorised to sit in High Court work (173 for the Queen's Bench and Chancery Divisions and 145 for the Family Division). A further 11 judges had been authorised to sit in High Court work for the first time during the period from the end of December 2000 to the end of March 2001, and one had his authorisation extended to include all three Divisions of the High Court. One was removed following his promotion to the High Court Bench and two retired.

Designations to sit in proceedings under the Children Act 1989

3.48

The Senior Judicial Appointments Division of Judicial Group is responsible for supporting the Lord Chancellor in the procedure for nominating judges to hear proceedings in the county courts under the Children Act 1989.

3.49

The type of proceedings which may be heard under the Act are separated into two main categories: private family law work and public family law work. Proceedings in the first category involve only the parents, whereas the second type of proceedings involve both parents and a local authority. The Act provides for the different levels of judiciary within the county courts (that is Circuit Judges, Recorders, District Judges and Deputy District Judges) to deal with each category according to the complexity of the work.

3.50

Circuit Judges have limited jurisdiction in proceedings under the Children Act unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. They may be nominated to hear either private law proceedings alone or both private and public law proceedings. When nominated for private and/or public law proceedings, they have full jurisdiction in all types of such proceedings under the Children Act. In 2000/2001, 24 Circuit Judges were newly authorised to hear private law cases taking the total at the end of the year once retirements etc. are taken into account to 105. 29 were newly authorised for both private and public law cases, taking the total at the end of the year to 235, again once retirements etc. are taken into account.

Resident Judges

3.51

The Lord Chancellor appoints Resident Judges for an initial period of four years on the recommendation of the Senior Presiding Judge and the Presiding Judges. Resident Judges are responsible for the management of judicial work at the Crown Court centre at which they sit. The Lord Chancellor appointed or re-appointed 9 Resident Judges out of a total of 73 between 1 April 2000 and 31 March 2001.

Designated Civil Judges

3.52

The Lord Chancellor, on the recommendation of the Senior Presiding Judge, appoints Circuit Judges to sit as Designated Civil Judges. They are appointed initially for a period of four years. On behalf of the Senior Presiding Judge and the Presiding Judges they have responsibility for the judicial management of the full-time and part-time judges hearing civil work in their area. As at 1 April 2001 there were 31 Designated Civil Judges of whom 7 were re-appointed in 2000/2001.

Designated Family Judges

3.53

Designated Family Judges are appointed by the Lord Chancellor on the recommendation of the President of the Family Division and Family Division Liaison Judges (paragraph 3.14). They serve initially for four years and sit at care centres (county courts at which public law Children Act cases - see paragraph 3.49 - are heard). They have responsibility for the judicial management of such work at the care centres for which they are responsible and have full jurisdiction in both public and private law matters. As at 1 April 2001 there were 51 Designated Family Judges, 8 of whom were appointed or re-appointed by the Lord Chancellor during the period of this Report.

3.54

All the Circuit Judges on the circuit on which the vacancy arises for Designated Family, Designated Civil or Resident Judge posts are invited to consider applying for appointment.

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Deputy Circuit Judges

3.55

Deputy Circuit Judges are appointed by the Lord Chancellor from among the recently retired Circuit Judges who wish to sit part-time. There must be a court business need for them to sit and the Lord Chancellor will not consider those who have retired on health grounds. Those appointed are usually available at very short notice providing a valuable judicial resource. They are appointed for a two year period. There are currently 41 Deputy Circuit Judges, 10 of whom were appointed or re-appointed during this period.

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Recorders

3.56

Following the Lord Chancellor's review of the terms of service of part-time judicial office holders in England and Wales (the resulting, generally applicable, new terms and conditions for which are at Annex C), the Lord Chancellor announced on 12 April 2000 that no useful purpose would be served by maintaining the distinction between Assistant Recordership and Recordership in England and Wales. From that date all appointments have been made direct to Recorder.

3.57

Appointments to Recordership are made by The Queen on the recommendation of the Lord Chancellor. Many practitioners who wish to be considered for appointment to the High Court or Circuit Bench (paragraphs 3.8 and 3.24 respectively) will start their judicial career by becoming a Recorder. It is a part-time judicial appointment open to everyone who fulfils the published criteria. The first of these is the statutory requirement of a 10 year right of audience qualification in the Crown Court or county court. The criteria for selection as a Recorder are essentially the same as those for other judicial appointments (paragraph 1.19 and Annex A).

3.58

Most Recorders start by sitting in the Crown Court, although after a period of about two years they might be authorised to sit in the county courts also. A few Recorders are authorised to sit only in the county courts.

3.59

Appointments to Recordership are made following an annual competition which is advertised in the national press and on the Department's website. Each applicant may apply for one circuit (i.e. region - see Annex F) only, and the closing date varies according to the circuit.

3.60

The applications are processed by circuit but the procedure followed is the same. In each case, an extensive consultation exercise takes place whereby the Presiding Judges (paragraph 3.13), judges who are specialists in each field of law, leaders of the legal profession, professional legal associations and all Circuit Judges are asked to provide written assessments against the criteria for appointment on those candidates about whom they feel able to comment. They are also asked to say how they know the candidate. In addition, all candidates are invited to name other judges or members of the profession who are familiar with their work (paragraph 1.25). These nominated consultees are also asked to provide comments. To illustrate the range of the consultation exercise, no fewer than 4020 people were consulted for the 2000/2001 competition.

3.61

After the consultation exercise has taken place, the applications are then considered by panels consisting of a Circuit Judge, a lay member and a senior member of Judicial Group. After consideration of the information contained in the application form and the assessments provided during the consultation exercise, the panels decide which candidates should be invited for interview. The interviews are conducted by panels similarly constituted, and having considered the degree to which each candidate demonstrates the published criteria the panels rank the candidates accordingly.

3.62

At the conclusion of the interviews, the Presiding Judges on each circuit are informed of the panels' assessments and invited to offer any further advice. The final decision is then taken by the Lord Chancellor, taking into account the assessments received in the consultation exercise, the interview panel's assessment and the views of the Presiding Judges.

3.63

To provide a complete picture, the narrative and statistics in this Report relate to the whole of the 2000/2001 competition. The first appointments were made in February 2000, for Assistant Recordership on the South Eastern Circuit (to which reference was made in last year's Report). These were the last Assistant Recorder appointments to be made. Following the Lord Chancellor's announcement on 12 April 2000 (paragraph 3.56), all subsequent appointments have been made direct to the office of Recorder. Successful candidates are selected to go forward for training, and on satisfactory completion of their training the Lord Chancellor will recommend their appointment to The Queen. Following the appointments on the South Eastern Circuit, successful candidates on the remaining five circuits were selected to go forward for training and in due course to be recommended to The Queen for appointment to the office of Recorder.

3.64

687 practitioners applied for this competition, 58 fewer than last year. There were fewer vacancies in this competition: 90 candidates were appointed or selected to go forward for training as against 113 last year. 33 Assistant Recorder appointments were made on the South Eastern Circuit and on the remaining five circuits, 57 successful candidates were selected to go forward for training as a Recorder. Of all those who were successful, 33% were civil practitioners; 43% criminal practitioners, 15% were family practitioners and 5 (6%) held a full-time judicial post. The average age of the applicants was nearly 44, whilst the average age of the successful candidates was almost 43.

3.65

Competition was very strong. There were many more applicants than vacancies and, after interview, there were far more candidates found to be suitable for appointment than places available. This was particularly evident on the South Eastern Circuit, which has always attracted the greatest number of applicants. 320 candidates applied, 109 were interviewed by two panels and the Lord Chancellor approved 33 candidates to go forward for training as Assistant Recorders. On what was then the Midland and Oxford Circuit, 109 applications were received and 58 candidates were interviewed by two panels, after which 21 candidates were selected to go forward for training. For the Western Circuit, 84 applications were received, 37 candidates were interviewed and 12 were successful. On the North Eastern Circuit, 71 applications were received, 17 candidates were interviewed and 7 were successful. 69 applications were received for the Northern Circuit. 30 candidates were interviewed and 10 were successful. On the Wales and Chester Circuit 34 applications were received; 21 candidates were interviewed and 7 appointments were made.

3.66

The number of candidates called for interview was governed by the number of estimated vacancies at the time the selection for interview took place. For each vacancy, 2 to 3 candidates were called for interview.

3.67

For those not successful, feedback interviews were available by appointment, either on the telephone or in person. 192 feedback interviews were conducted, 32% of the total number of unsuccessful candidates. Of those who were unsuccessful following interview, 140 (77%) requested feedback.

3.68

Full statistics on the number of applicants, the numbers interviewed and appointed following this competition, broken down by gender, ethnic origin, profession and age are given in Annex H.

3.69

The Lord Chancellor has continued to encourage applications from those groups which are currently under-represented on the Bench. The graphs below show comparative figures for applications, interviews and appointments in the last four annual Assistant Recorder/Recorder competitions. The proportion of women applying in 2000/2001 was slightly down on last year, as was the proportion interviewed. From that lower base there was a decrease in the proportion of women appointed. Despite a lower proportion of ethnic minority applicants there was an increase in the proportion interviewed. The number and proportion of ethnic minority practitioners appointed, however, was slightly down on 1999/2000. Perhaps the most disappointing fact to emerge from these figures is that the proportions of women and ethnic minority applicants fell in 2000/2001. The Lord Chancellor can only appoint those who apply so in the coming year his officials will continue to look at ways of encouraging applicants. The proportions of women and ethnic minority practitioners work shadowing (paragraph 1.42) suggest that in the coming years the Lord Chancellor will have a greater proportion of applicants from these groups from which to make appointments. The proportion of solicitors work shadowing is also encouraging and, although not shown in the graphs below, seems to be reflecting an increase in solicitors being appointed to Recordership - up from 6.2% in 1999/2000 to 8.9% in 2000/2001.

Designations to sit in proceedings under the Children Act 1989

3.70

Recorders have limited jurisdiction in proceedings under the Children Act, unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. They may be authorised to hear private law proceedings alone, or, following the introduction of the Family Proceedings (Allocation to Judiciary)(Amendment) Directions 1999, where they already have such jurisdiction in another judicial capacity, both private and public family law proceedings (see paragraph 3.49). When authorised for private and public law proceedings, they have full jurisdiction in all types of such proceedings under the Children Act. In 2000/2001, 50 Recorders were newly authorised to hear private law cases, making the total at the end of the year 346 once retirements etc. are taken into account. A further 8 Recorders were authorised to hear both private and public law cases, making a total at the end of the year 44.

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Recorder Promotions

3.71

In the period of this Report prior to the changes in the status of Assistant Recorders (paragraph 3.56), 35 Assistant Recorders were promoted to full Recordership. Of the 35 promotions, 4 were women, 2 were solicitors, 1 was a District Judge and 1 was the Chief Justice of Gibraltar. Full statistics broken down by gender, ethnic origin, profession and age are given in Annex H. In addition, under the new arrangements, 503 existing Assistant Recorders were given the status of full Recordership.

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District Judges

3.72

District Judges are appointed by the Lord Chancellor to determine civil cases in the county courts. They finally dispose of over 80% of all contested civil litigation in England and Wales. They are assigned on appointment to a particular circuit (i.e. region) and may sit at any of the county courts or District Registries of the High Court on that circuit (Annex F). A District Registry is part of the High Court situated in various districts of England and Wales dealing with High Court family and civil business. District Registries are often co-located at county courts.

3.73

The Lord Chancellor normally considers for appointment as District Judge only applicants who have been serving as Deputy (part-time) District Judges for at least two years or who have completed 30 sittings in that role. Usually only candidates who are aged between 40 and 60 are considered for appointment, but these age limits are applied flexibly (see also paragraph 1.6). All Deputy District Judges (paragraph 3.80) are notified personally when there is a competition for District Judges and invited to request an application form if they want to apply.

3.74

During the period of this report the Lord Chancellor appointed from the 1999/2000 competition 31 District Judges (excluding District Judges of the Principal Registry of the Family Division - see paragraph 3.79) including 5 appointed from the reserve list shown in last year's Report. Of those appointed, 9 were women and 1 was an ethnic minority practitioner. Also during the period of this report, 6 District Judges retired and 4 became Circuit Judges. At the end of this period there were, therefore, 401 District Judges in post (excluding the 18 District Judges of the Principal Registry of the Family Division).

3.75

A District Judge competition was held in 2000/2001 to secure appointments for 2001/2002 and 194 applications were received. The Presiding Judges of the circuit to which the candidates applied (paragraph 3.13), serving District Judges and senior members of the judiciary were consulted about the candidates, as were the up to six consultees nominated by each applicant (paragraph 1.25). All were asked to provide an assessment against the criteria for appointment (paragraph 1.19 and Annex A). Following the pattern of other competitions, selection for interview was conducted by panels comprising a District Judge, a lay member and a senior official from Judicial Group and was based on the assessments provided by the professional community and the information obtained in the application forms. 96 candidates were shortlisted for interview. Similarly constituted panels conducted the interviews. In respect of each candidate the interview panel considered the degree to which the candidate demonstrated that he or she satisfied the published criteria. 17 applicants were successful and approved for appointment and 12 candidates were placed on a reserve list. Detailed statistics of the competition are given in Annex H. These statistics show 22 approvals for appointment to take account of the 5 appointments made from the 1999/2000 reserve list (paragraph 3.74).

3.76

12 telephone feedback sessions were conducted during the period of this report relating to the competition held in 1999/2000. In addition 1 feedback session was held in person relating to non-selection for interview for the 2000/2001 competition. All those Deputies not shortlisted for interview were given written feedback on request.

3.77

As the graphs below show, the increase in the number and proportion of women applying for the District Bench continued in 2000/2001. There was also a slight increase in both the number and proportion of women interviewed in 2000/2001 compared with last year, and that continues a trend over the last four years. The proportion of women approved for appointment in 2000/2001 was slightly down on 1999/2000 but significantly higher than the previous two years. The number and proportion of ethnic minority applicants was comparable to 1999/2000, although there was a more significant increase in both the number and proportion of ethnic minority applicants interviewed. The proportion of ethnic minority applicants approved for appointment in 2000/2001 was more than double the proportion approved for appointment in 1999/2000.

3.78

District Judges have limited jurisdiction in proceedings under the Children Act (see paragraph 3.49) unless specifically nominated (authorised) to hear a wider range of proceedings by the Lord Chancellor. When nominated, they only have limited jurisdiction in public family law proceedings under the Children Act. In 2000/2001, 39 District Judges were newly authorised to hear public law cases making the total at the end of the year 280 once retirements etc. are taken into account.

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District Judges of the Principal Registry of the Family Division

3.79

District Judges at the Principal Registry of the Family Division (PRFD) in London deal with the whole range of family law cases including financial and property adjustment issues relating to the care and upbringing of children. The criteria for appointment and the advertisement and selection procedures followed for PRFD District Judges are similar to those for other District Judge appointments and competitions are held as and when vacancies arise. There was no competition held during the period of this report; 1 appointment was made from the reserve list held after the competition last year. 2 telephone feedback sessions were conducted during the period of this report relating to the competition held in 1999/2000.

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Deputy District Judges

3.80

Service as a Deputy District Judge is a testing ground for subsequent appointment as a full-time District Judge. Deputy District Judges handle a large number of the civil matters heard in the county court which would otherwise by heard by a District Judge. However, they are not authorised to undertake certain types of work, such as public law Children Act cases (paragraph 3.49). Applicants for Deputy District Judge are normally considered for appointment if aged between 35 and 60 (see also paragraph 1.6) and must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court (that is the Crown Court, High Court and Court of Appeal) or for all proceedings in county courts or magistrates' courts. In common with other part-time appointments (Annex C) Deputy District Judges are now initially appointed for five years once they have successfully completed the training and induction process. This appointment is renewed, subject to fulfilling the requirements of the office, until retirement.

3.81

A competition was held during the period of this Report for vacancies on the former Midland and Oxford, Northern and South Eastern Circuits. The Presiding Judges of the circuit to which the candidates applied (paragraph 3.13), serving District Judges and senior members of the judiciary were consulted about the candidates, as were the up to six consultees nominated by each applicant (paragraph 1.25). All were asked to provide an assessment against the criteria for appointment (paragraph 1.19 and Annex A). Following the pattern of other competitions, selection for interview was conducted by panels comprising a District Judge, a lay member and a senior official from Judicial Group and was based on the assessments provided by the professional community and the information obtained in the application form. Similarly constituted panels conducted the interviews. In respect of each candidate the interview panel considered the degree to which the candidate demonstrated that he or she satisfied the published criteria.

3.82

For the competition held in 2000/2001, 330 applications were received, substantially fewer than last year, when 425 candidates applied. 171 candidates were shortlisted for interview. 47 candidates were approved for appointment.

3.83

Full statistics are given at Annex H on the number of applicants, those interviewed and those offered appointment broken down by gender, ethnic origin, profession and age. The following graphs show comparative figures for appointments resulting from competitions held in the last four financial years. The number and proportion of women applying and being interviewed are both down on last year, although the proportions are comparable to the average over the years since 1997/98. The proportion of women approved for appointment is at the highest level for the last four years. The number of ethnic minority applicants was the same in 2000/2001 as it was in 1999/2000 although there was an increase in the proportion of those applying. There was an increase in both the number and proportion of ethnic minority applicants interviewed in 2000/2001 to the highest levels since 1997/98 with more than a doubling in the proportion over the last year alone. There was also a significant increase in the proportion of ethnic minority practitioners appointed in 2000/2001 over previous years.

3.84

A total of 69 unsuccessful interviewees received telephone feedback relating to the competition held in 2000/2001, compared to 65 for the 1999/2000 competition.

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Deputy District Judges of the Principal Registry of the Family Division

3.85

PRFD Deputy District Judges have broadly the same jurisdiction as PRFD District Judges (paragraph 3.79) but, in particular, they are not allocated public family law proceedings. The criteria for appointment and the advertisement and selection procedures followed for PRFD Deputy District Judges are similar to those for other Deputy District Judge appointments and competitions are held as and when vacancies arise. There was no competition during the period of this Report. However, the Lord Chancellor appointed 7 full-time Supreme Court Costs Judges (paragraph 3.99) as PRFD Deputy District Judges. This gave the Costs Judges the additional, but limited, jurisdiction of undertaking costs assessments on county court cases. This relieves the District Judges at the PRFD of the need to assess such costs and so allows them to concentrate on other work (e.g. Children Act cases - paragraph 3.49).

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Retired District Judges sitting as Deputies

3.86

Between April 2000 and the end of March 2001 17 District Judges sitting in retirement as part-time Deputy District Judges were reappointed for a further 1 year term. In addition 3 District Judges who retired during this period were appointed as Deputies.

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District Judges (Magistrates' Courts)

3.87

District Judges (Magistrates' Courts) are appointed by The Queen on the recommendation of the Lord Chancellor. Prior to 31 August 2000 they were known as Metropolitan Stipendiary Magistrates (for those appointed to sit in London) and Provincial Stipendiary Magistrates (for those appointed to one of the areas outside London). They are full-time members of the judiciary and deal with the broad range of business that comes before the magistrates' courts but in particular may be expected to hear the lengthier and more complex criminal matters coming before those courts. They are entitled to sit with lay magistrates or to sit alone.

3.88

District Judges (Magistrates' Courts) are based at particular magistrates' courts but have a national jurisdiction throughout England and Wales. As at 1 April 2001 there were 98 District Judges (Magistrates' Courts) in post. The head of the national bench is called the Senior District Judge (Chief Magistrate). She is responsible for the deployment of the District Judges (Magistrates' Courts), on behalf of the Lord Chancellor, to the courts in England and Wales where they are needed.

3.89

The Lord Chancellor will normally only consider for appointment as full-time District Judges (Magistrates' Courts) applicants who have been sitting as Deputy District Judges (Magistrates' Courts) (i.e. part-time) for at least two years or who have completed 30 sittings in that capacity. Usually only candidates who are aged between 40 and 55 are considered for appointment, but these age limits are applied flexibly (see also paragraph 1.6).

3.90

For the latest competition for full-time Stipendiary Magistrates, interviews began in March 2000 and finished at the end of April. As with other competitions, selection for interview was conducted by panels comprising a judicial and lay member and a senior official from Judicial Group and was based on assessments made of each applicant's sittings as an Acting Stipendiary Magistrate - now a Deputy District Judge (Magistrates' Courts) - and the information in each application form. After being shortlisted for interview each applicant undertook five days of observed sittings. Similarly constituted panels conducted the interviews. The then Chief Metropolitan Magistrate was the judicial member for all interviews for appointments to the Metropolitan Bench and a senior Provincial Stipendiary Magistrate for interviews for those to the Provincial Bench. In respect of each candidate the interview panel considered the degree to which the published criteria were demonstrated.

3.91

Appointments did not take effect until the implementation of the relevant provisions of the Access to Justice Act 1999 on 31 August 2000. The appointments were then made to the new national District Bench in the Magistrates' Courts. There were 59 applicants of whom 28 were shortlisted for interview and 8 were appointed. Full statistics are in Annex H.

3.92

There was no competition in 2000/2001 so the graphs below show comparisons with the competitions in 1997/98, 1998/99 and 1999/2000. The number and proportion of women applying and being interviewed has risen over the period. The proportion of women appointed has fallen slightly, although the number of appointments remained the same. The number of ethnic minority applicants has been very low and of those none has been appointed in any of the three years.

3.93

During 2000/2001 9 unsuccessful interviewees received telephone feedback relating to the 1999/2000 competition.

3.94

For the appointment of the Senior District Judge (Chief Magistrate) (paragraph 3.88) there were 35 applicants and 10 were interviewed. Penelope Hewitt, a former Provincial Stipendiary Magistrate, was appointed. Eight people applied to be the Deputy Senior District Judge and all were interviewed. Timothy Workman, a former Metropolitan Stipendiary Magistrate, was the successful candidate.

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Deputy District Judges (Magistrates' Courts)

3.95

Deputy District Judges (Magistrates' Courts) are appointed by the Lord Chancellor. Prior to 31 August 2000 they were known as Acting Stipendiary Magistrates. They are part-time members of the judiciary but they nevertheless undertake the full range of business that normally falls to full-time District Judges (Magistrates' Courts) and may do so either alone or sitting with lay magistrates. Applicants will normally be considered for appointment if aged between 35 and 55 (see also paragraph 1.6). All applicants must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court (paragraph 3.80) or for all proceedings in county courts or magistrates' courts.

3.96

The jurisdiction of Deputy District Judges (Magistrates' Courts) mirrors that of the full-time District Judges (Magistrates' Courts). They can sit anywhere in England and Wales and are expected to sit part-time for a minimum of 15 days and a maximum of 30 days each year. In common with other part-time appointments (Annex C) they are now appointed for periods of five years at a time. As at 1 April 2001 there were 166 Deputy District Judges (Magistrates' Courts) in England and Wales.

3.97

There was no competition for Deputy District Judge (Magistrates' Courts) in 2000/2001.

3.98

A total of 39 telephone feedback sessions were conducted during 2000/2001 following the competition in 1999/2000 for Acting Provincial Stipendiary Magistrates.

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Masters and Registrars of the Supreme Court

3.99

Masters and Registrars of the Supreme Court are members of the judiciary appointed by the Lord Chancellor who are generally responsible for exercising the jurisdiction of the High Court where, by statute or under Rules of Court, that jurisdiction does not fall to be exercised by a High Court Judge. They accordingly deal with civil cases which are proceeding in one of the Divisions of the High Court i.e. the Queen's Bench Division which deals with most types of civil law, including admiralty and commercial matters and defamation, or the Chancery Division which deals with issues such as property matters, banking and financial matters, bankruptcy and copyright law. Queen's Bench and Chancery Masters and Bankruptcy Registrars deal with most of the interlocutory, that is preliminary or intermediate, work arising within their areas of jurisdiction, and in certain circumstances may also try cases. Taxing Masters (now known generally as Costs Judges) have power to "tax" (i.e. assess and determine) the costs and bills of lawyers in any cases in the Supreme Court (Court of Appeal and High Court) and hear appeals against decisions made by determining officers about the size of legal bills in the Crown Court.

3.100

The Lord Chancellor will normally only consider for appointment applicants aged between 40 and 60 (although age limits are applied flexibly - see also paragraph 1.6). All applicants must hold a seven year right of audience qualification for all proceedings in any part of the Supreme Court (paragraph 3.80) or for all proceedings in county courts or magistrates' courts. Masters and Registrars of the Supreme Court are normally drawn from the ranks of Deputy Masters and Registrars of the Supreme Court. Deputy Masters and Deputy Registrars are now subject to the same new terms and conditions for part-time office holders (Annex C). They are accordingly now appointed for a five year term, subject to age, which is then renewed until retiring age.

3.101

As with other competitions, shortlisted candidates are invited for interview before a panel comprising a serving Master or Registrar from the Division concerned, a lay person and a senior officer from the Judicial Group. The views of those members of the serving judiciary who are in a position to assess the suitability of candidates for full-time judicial appointment are collected as are assessments from up to six consultees nominated by each applicant (paragraph 1.25). All are asked to provide an assessment against the criteria for appointment (paragraph 1.19 and Annex A). These comments together with the application form and the interview panel's assessment constitute the information on the basis of which the Lord Chancellor selects people for appointment.

3.102

During the period of this report, in August 2000, a Supreme Court Costs Judge retired. A competition was held to find a replacement Costs Judge. There were 3 applications and 1 appointment was approved by the Lord Chancellor.

3.103

It was established, in liaison with the Chief Chancery Master, that there was a need for further Deputy Chancery Master appointments. There had been a full-time appointment in 1999 and the pool of Deputies required replenishment. One Deputy Chancery Master died in July 2000 and as another was due to retire in September 2000, there was a competition in which 21 applications were received. 13 candidates were interviewed and 5 Deputy Chancery Masters were appointed.

3.104

A competition for Deputy Bankruptcy Registrar was also held. 19 applications were received, 7 candidates were shortlisted for interview and 3 candidates were approved for appointment.

3.105

4 Telephone feedback sessions were conducted following these competitions in 2000/2001.

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Judge Advocate General

3.106

The Lord Chancellor is responsible for the appointment of the Judge Advocate General and Assistant Judge Advocates General, both being full-time appointments. The Judge Advocate General has delegated authority to appoint a number of part-time Judge Advocates to assist him in the disposal of his work. The role of the Judge Advocate General is to monitor the criminal justice system of the Army and Royal Air Force to ensure that it is efficient and working properly. All Judge Advocates are required to conduct proceedings at courts-martial, making rulings and giving directions on matters of law (including practice and procedure) broadly in the same way that a