Example of the full criteria for judicial appointment
District Judge
The Lord Chancellor will recommend for appointment to each judicial office
the candidate who appears to him to be best qualified, regardless of ethnic
origin, gender, marital status, sexual orientation, political affiliation,
religion, or disability, except where the disability prevents the fulfilment
of the physical requirements of the office, by reference to the following
criteria.
The Lord Chancellor will have regard to the comments (which are given to
him in confidence) received from judges and members of the profession who
have been consulted about the individual's qualities and suitability for
appointment in relation to the criteria set out below. Applicants will have
demonstrated possession of the following skills and attributes in their
professional careers and the capacity to develop them further with experience
in part-time judicial office.
Successful candidates will have:
1. Legal knowledge and experience
- Attainment of a high level of professional achievement and effectiveness
in the areas of law in which they have been engaged whilst in professional
practice;
- A sound knowledge and understanding of criminal, civil or family law
as appropriate for the jurisdiction(s) to be exercised on first appointment;
- A sound knowledge of the rules of evidence and of court practice and
procedure relevant to the above.
In the event that a candidate has, by reason of his or her professional
practice, not been able to meet the second and third requirements above,
he or she may still be considered for appointment if he or she has shown
the capacity to develop the relevant knowledge and understanding of law
and the rules of evidence and of court practice and procedure so as to be
fit for appointment as a District Judge.
N.B. The Lord Chancellor does not regard advocacy experience as an essential
requirement for appointment to judicial office.
2. Intellectual and analytical ability
- The ability to concentrate for long periods of time, and to understand
and assimilate facts and arguments, and the ability to recall such evidence
and information speedily and accurately;
- The ability to apply legal principles to particular facts and to determine
from a large body of information those issues and facts which are relevant
and important and those which are not;
- The ability to weigh relevant issues and matters of law in order to
be able to formulate them for reasoned and coherent presentation either
to a jury or in giving judgment;
- The ability rapidly to assimilate and apply new areas of law, evidence,
practice and procedure.
3. Sound judgment
- The ability to exercise discretion effectively; to apply his or her
knowledge and experience to make decisions in compliance with the law
and appropriate to the circumstances of the matter in hand; to consider
and marshal facts and competing arguments and reason logically to a correct
and balanced conclusion.
4. Decisiveness
- The ability to reach firm conclusions (often at speed), to think, decide
and act independently of others, and to rely on their own judgment.
5. Communication and listening skills
- The ability to communicate effectively with all types of court user
including lay people (whether defendants, witnesses, victims, members
of a jury, litigants in person or children) giving instructions, listening
actively and attentively, explaining complex issues and giving decisions
or judgments clearly, concisely and promptly, whether orally or in writing.
6. Authority and case management skills
- The ability to command the respect of court/tribunal users and to maintain
fair-minded discipline in court/tribunal and chambers without appearing
pompous, arrogant or overbearing;
- The ability to manage cases actively and promote the expeditious despatch
of business, handling people effectively to prevent unnecessary repetition
and irrelevance, whilst ensuring that all participants (whether represented
or not, and including children) are able to present their case or their
evidence as fully as possible.
Successful candidates will also possess the following personal qualities:
1. Integrity and independence
- They will have a history of honesty, discretion and plain dealing with
professional colleagues, clients and the courts;
- They will possess independence of mind and moral courage, being prepared
to take and maintain unpopular decisions when necessary;
- They will have generated the trust, confidence and respect of others.
2. Fairness and impartiality
- They will be open-minded and objective, having the ability to recognise
and discount any personal prejudices;
- They will deal impartially with all matters which come before them and
will seek to ensure that all who appear before them have an opportunity
for their case to be clearly presented and that it is then considered
as fully and objectively as possible.
3. Understanding of people and society
- They will respect and have understanding of people (including children)
of different backgrounds. They will be sensitive to the influence of different
ethnic and cultural backgrounds on the attitudes and behaviour of people
whom they encounter in the course of their work.
4. Maturity and sound temperament
- They will display a maturity of attitude and approach;
- They will be firm and decisive while remaining patient, tolerant, good-humoured
and even-tempered.
5. Courtesy
- They will be courteous and considerate to all court users and court
staff.
6. Commitment, conscientiousness and diligence
- They will be committed to public service and to the proper and efficient
administration of justice, which they will pursue conscientiously, with
energy and diligence, and a due sense of responsibility.
» Return to contents
© Crown Copyright
