2.1 This chapter gives an overview of action taken on new and continuing initiatives concerning judicial appointments during 2001/2002, which was no less busy than any of the years featured in the three previous Annual Reports. Since Sir Leonard Peach's 1999 scrutiny into the assessment and selection procedures (detailed in the 1999/2000 Annual Report) work has continued on the implementation of the two main recommendations the creation of a Commission for Judicial Appointments and the introduction of a pilot scheme for an assessment centre. At the same time, Judicial Group has developed new initiatives in other areas of the appointments process, for example, changes to age limits.
2.2 Judicial Group has also continued to consider the effects of the recommendations of the separate reviews by Sir Andrew Leggatt and Lord Justice Auld into the tribunals and criminal courts systems respectively, which may well have an effect on judicial appointments in the future. Progress on these matters is mentioned below.
The Commission for Judicial Appointments
2.3 Following Sir Leonard Peach's recommendation, the Lord Chancellor established the Commission for Judicial Appointments in March 2001 to carry out a continuing audit of the judicial and Queen's Counsel appointment procedures, and to investigate complaints of discrimination, unfairness, or maladministration in the way the procedures have been applied. The Commission does not decide who should be appointed Judges or Queen's Counsel that remains the responsibility of the Lord Chancellor.
2.4 Professor Sir Colin Campbell was appointed as First Commissioner in March 2001 (details were given in the last Annual Report). In December 2001 seven Deputy Commissioners were appointed by The Queen under Orders in Council to assist the First Commissioner. One of the Deputy Commissioners, John Simpson, is also the Commissioner for Judicial Appointments in Northern Ireland. The Commissioners were appointed following an advertised recruitment campaign and interviews, and were selected for their track records of success at a senior level, their open-mindedness, objectivity and commitment to public service. Saxton Bampfylde Hever plc a firm of recruitment consultants assisted with the recruitment of the Deputy Commissioners. The Deputy Commissioners are:
2.5 In his report, Sir Leonard suggested that around 10 Deputy Commissioners might be appropriate and there had been an expectation that a second recruitment round to appoint Deputy Commissioners would be required. However, the calibre of candidates in the first round was so high that seven were appointed immediately. The First Commissioner and the Lord Chancellor think that for the moment that number will suffice. This will be subject to further consideration once the Commission has been up and running for longer.
2.6 As indicated elsewhere, the Lord Chancellor and his officials continue to look at ways to develop and improve the appointments procedures. It has been helpful to have the Commission's contribution to this ongoing work through the process of the investigation of complaints. The Commissioners have published their first Annual Report which includes details of the outcomes of these first investigations. Not all the complaints were upheld, but where they were, the Lord Chancellor has examined the reports into the individual complaints to ensure that any concerns raised by the Commission are addressed. Steps have already been taken to reduce delay and to address shortcomings identified in the procedures for the appointment of Queen's Counsel, including improving the forms and guidance to applicants and consultees to give better explanations of the criteria and how the process works and to ensure more rigorous evidence based assessments. Further details are given in Chapter 4.
2.7 The Lord Chancellor is aware of calls for a Commission with wider functions. He has said that he would like the benefit of further experience of the existing Commission before deciding whether to go out to consultation on such extensive and long-term reforms.
Pilot Assessment Centre
2.8 Another of Sir Leonard Peach's main recommendations was that a one-day assessment centre should be piloted. Sir Leonard suggested that, if the pilot was a success, then consideration should be given to using this approach for other judicial competitions. Assessment centres are widely acknowledged as a more accurate predictor of job performance than an interview alone. Applicants invited to an assessment centre are given a variety of opportunities to demonstrate their suitability for the job by participating in various exercises appropriate for the post applied for.
2.9 The Lord Chancellor decided that the competitions for the posts of Deputy District Judge (Civil), Deputy District Judge (Magistrates' Court) and Deputy Queen's Bench Master should be included in the first pilot assessment centre for judicial appointments. The posts were advertised at the end of April 2002, with a closing date of 31 May and the assessment days themselves will run in October and November 2002.
2.10 Following a competitive tendering exercise recruitment consultants Human Assets Ltd were selected in July 2001 to assist in developing the pilot assessment centre for the three competitions. The consultants have experience of diversity and equal opportunity issues and they have worked extensively on selection processes with a number of organisations. In addition, a working group was established to quality assure the arrangements. The group includes, amongst others, an independent diversity expert, members of the legal profession who reflect the diversity within the profession, an independent occupational psychologist and a team of District Judges.
2.11 Before the posts were advertised, the consultants, working closely with judges and members of the working group, conducted a job analysis to determine the competences required for the posts. The resulting competence frameworks were provided to candidates with the applications forms. Activities have been developed which simulate the role of the judge in order to determine a candidate's suitability against these competences. The assessment activities will last for one day and will include practical exercises, case studies, a written legal test and an interview. The design of the assessment centre is being formulated with a great deal of care to ensure that no applicant will be disadvantaged by the activities. The assessors will be judges, lay people and Judicial Group officials all of whom will receive training beforehand.
2.12 Applicants have been asked to name between three and six people who know them sufficiently well to be able to assess them against the competences required for the job. Judicial Group will be obtaining written assessments from these referees and a sift will then take place when a panel will consider each candidate's application. The sifting panel will comprise a judge from the relevant jurisdiction, a lay person and a member of Judicial Group. Selected candidates will then be invited to the assessment day.
2.13 Any unsuccessful applicant who has been through the assessment centre will be able to ask for detailed feedback on how they performed against each of the competences.
2.14 There will be a full evaluation of the assessment centre in early 2003. The evaluation will include all aspects of the process, from the way in which the competitions were advertised in the press and on the LCD web-site, to reviewing the effectiveness of the assessment activities.
Age Limits
2.15 In April 2002 the Lord Chancellor decided to remove most of the age limits currently specified in defining the field of eligibility for judicial appointments for which he is responsible, and also raised the retirement age for fee-paid part-time judicial offices. Specifically the Lord Chancellor has:
2.16 The Lord Chancellor took the view that if legally qualified judicial posts had a professional rights of audience requirement then this would serve to ensure that candidates had achieved a certain level of experience and maturity and the further need of a minimum age would be unnecessary. It is hoped that removal of the lower age limits will encourage more women and minority ethnic lawyers to apply for judicial appointment, as the change should open up appointments to larger numbers from these groups who are represented in greater numbers at the more junior end of the legal profession.
2.17 It should be noted, however, that the competitions detailed in Chapter 3, and for which statistics are produced at Annex H, are subject to the age limits which applied prior to the changes explained above.
"All Rise" Video about Judicial Appointments
2.18 The Lord Chancellor's plans to produce a video were outlined in last year's report. On 1 February 2002, he released "All Rise", a 20 minute video showing the judicial selection process from application through to appointment. It is designed to encourage qualified people from a range of backgrounds to apply for part-time judicial office in the courts and tribunals. The Lord Chancellor hopes that the video will help dispel some of the myths surrounding the judicial appointments system and reinforce the message that it concentrates on the abilities and merits of all candidates.
2.19 The video offers the opportunity to see a solicitor gaining an insight into what it takes to be a judge by work shadowing a judge in court. It shows the different stages of the appointments process, including a simulation of an interview for appointment and a newly appointed judge preparing for his first day sitting in court. It also features people with first-hand knowledge of the process, including judicial and lay interviewers, recently appointed part-time judges, and officials from the Lord Chancellor's Department, all sharing their experience of the system from their own unique perspective, and offering advice about some of the qualities needed to become a judge.
2.20 Several hundred copies of "All Rise" have been distributed to local and regional law societies, barristers' chambers, lawyers' representative groups, the media, and individuals with an interest who have contacted the Lord Chancellor's Department to request copies. It is also shown at events attended by Ministers and officials from the Lord Chancellor's Department. Copies of the video can be obtained by calling 020 7217 4825.
Judicial Appointments Events
2.21 In recent years, the Lord Chancellor and his officials have attended many events providing information about the judicial appointments system. The aim has been to demystify the appointments process and to encourage people to apply, in particular those groups who are currently under-represented in the judiciary. Between 1 April 2001 and 31 March 2002 Judicial Group continued with a regular programme of events throughout England and Wales. During the year officials provided information and advice in this way to nearly 1100 people at the following 10 locations and events:
Officials continue to participate as members of the organising committees of both the Minority Lawyers' Conference and the Woman Lawyer Forum.
2.22 Additionally, since April 2002 officials have already attended four further events in London, Birmingham, Cardiff and Liverpool and are arranging to attend another four events to be held in London (two), Manchester and Cardiff. They have also attended the Woman Lawyer Forum in London. Details of all these events will be given in next year's Annual Report.
2.23 The format was usually the same, with some variations, depending on the nature of each event. LCD officials answered specific queries from those attending, and booklets, leaflets and application packs were available. A senior official often attended to give a presentation about the appointments system. This was followed by an open question and answer session. Then delegates were able to talk informally to Judicial Group officials and members of the local judiciary who had been invited to attend. Part of the success of these events has been the support given by the attendance of serving judicial officers who are able to speak to individual delegates about their experience of the Bench. Delegates are asked to complete an evaluation questionnaire. The responses from these questionnaires have been very positive and have helped in the planning of future events.
2.24 In November 2001, Rosie Winterton, Parliamentary Secretary at the Lord Chancellor's Department, delivered a speech on the theme of judicial appointments at the annual dinner of the Association of Women Barristers.
2.25 Any individuals or groups who would be interested in events or meetings in their area, including on a smaller scale for a firm or a set of chambers, are invited to contact Judicial Group on 020 7217 4832.
Women and Public Appointments Seminars
2.26 In October 2001, Baroness Morgan of Huyton, as Minister for Women, wrote to the Lord Chancellor seeking support for a series of seminars aimed at increasing diversity in public appointments. Although the lay appointments handled by Judicial Group are lay judicial appointments rather than public appointments, the Lord Chancellor agreed that Judicial Group presence at the seminars would be useful. Between 21 January and 30 May 2002 Judicial Group officials supported these seminars by attending seven events in Abingdon, Norwich, Nottingham, Scunthorpe, Leeds, Greenwich and Newcastle. Each event was attended by between 30 to over 100 delegates. Rosie Winterton gave the opening address at the seminar in Leeds. Many delegates attending these seminars have expressed interest in applying for lay tribunal posts and to the lay magistracy.
Appraisal
2.27 The Lord Chancellor's essential principles in relation to the appraisal of judges are that any scheme must recognise the distinction between judicial decisions and the conduct of the process and that the independence of the judiciary is paramount. The aim of any appraisal, which should be carried out by judges, is not to question the decisions made, but to consider the judge's approach and handling of the case.
2.28 Last year's report contained information about the appraisal scheme for Deputy District Judges (Civil). The scheme was developed by the Association of District Judges. Following a pilot the scheme was formally introduced on the Wales and Chester Circuit in November 1999 and on the North Eastern Circuit in October 2000. It was introduced on all the remaining circuits in January 2002. The scheme provides a structured appraisal system to monitor and to assist in improving the performance of Deputy District Judges. The scheme also assists in the consideration of the suitability of Deputy District Judges for appointment as full-time District Judges and provides support and counsel for Deputy District Judges. Following Sir Leonard Peach's recommendation, an element of self-appraisal is part of the Deputy District Judge scheme.
2.29 Sir Leonard also recommended that appraisal schemes should be extended to other part-time judicial posts. Appraisal of Deputy District Judges (Magistrates' Courts) and part-time tribunal members in The Appeals Tribunal and in some other tribunals already exists. Proposals have been made to extend appraisal to part-time Immigration Adjudicators. A workshop was held in July 2002 to discuss best practice across the schemes that are already in place and to consider future action for the appraisal of part-time judges.
Suspension of High Court, Circuit Bench and Recorder Competitions
2.30 The High Court, Circuit Bench and Recorder competitions, which in normal circumstances would have been expected to have started in the Spring, have been postponed for a period of between six and 18 months. The competition for both Circuit Bench and Recordership is intense. As many candidates apply in successive competitions there is considerable duplication of effort. This places extra pressure on candidates, consultees, sifters and interviewers, and staff in Judicial Group. Thus the cost-effectiveness of annual competitions needs to be examined. Another factor, although secondary to the decision to suspend, notes the need to take into account the Government's response to Lord Justice Auld's report (see below) and any implications it may have on the future judicial needs of the justice system.
2.31 This deferment has allowed Judicial Group to consult with the professions and other interested parties on how the appointment processes might be improved and streamlined. A consultation paper was issued on 10 April 2002 the closing date for replies was 5 July 2002. Any vacancies which arise between now and the next selection round can be filled by those on reserve lists from previous competitions.
Judicial Appointments for the Government Legal Service and Crown Prosecution Service Lawyers
2.32 The Lord Chancellor's existing policy allows Crown Prosecution Service (CPS) and Government Legal Service (GLS) lawyers to be appointed to part-time judicial service in any civil court or tribunal unless the Government is habitually a party to the proceedings. This means that, for example, CPS lawyers cannot be appointed to sit in the Crown Court or Magistrates' Court, but they can become District Judges in the county courts.
2.33 In June 1998 Sir Iain Glidewell published his report on the Review of the Crown Prosecution Service. He believed there would be benefit in allowing CPS lawyers to progress via part-time sitting to appointment as District Judge (Magistrates' Court) or Circuit Judge as they would contribute a wealth of experience; the opening up of judicial appointments would also enhance the career possibilities for lawyers joining the CPS. However, European Convention on Human Rights issues concerning the independence and impartiality of tribunals, not referred to in the Glidewell Report, were identified and the Government said it would consider the matter in the light of these issues.
2.34 The Attorney General and Director of Public Prosecutions are keen to open up appointments to CPS and GLS lawyers and the Lord Chancellor is sympathetic. As a result an inter-agency working party was set up in Autumn 2001 to look into the appointment of CPS and GLS lawyers to the judiciary. The working party, which included officials from the CPS and the Attorney General's office, produced a report in June 2002, which the Lord Chancellor is considering.
Tribunals and the Leggatt Review
2.35 Tribunals generally operate under statutory provisions and independently of the executive. Some of the Presidents are currently Circuit Judges seconded from their duties to serve as full-time heads of the tribunal in question (High Court Judges serve as Presidents on certain tribunals). Chairmen are usually, but not exclusively, legally qualified and some tribunals have part-time lay members who do not have to be specialists in any particular discipline, but are chosen from a wide variety of backgrounds. In addition to tribunals there are many other regulatory bodies which have similar judicial functions. The Lord Chancellor has responsibility for many tribunal appointments, but other Ministers also have authority to make appointments.
2.36 In May 2000 the Lord Chancellor announced a wide-ranging, independent review of tribunals in England and Wales, and appointed Sir Andrew Leggatt to head the review. Sir Andrew published his report in August 2001. In short, the review found that there were 70 different administrative tribunals in England and Wales, leaving aside regulatory bodies. The review looked at rationalising and modernising the tribunals and to amalgamate the 70 tribunals into one tribunals system. Sir Andrew recommended that the independence of tribunals was best safeguarded by having their administrative support provided by the Lord Chancellor's Department. Since publication of the report the Government has been consulting on the recommendations, including those on the way tribunal office holders are appointed. The Government will announce its conclusions during 2002. Within LCD the Lord Chancellor created the Tribunal for Users Programme (TUP) whose main aim is to consult with key stakeholder groups and to make recommendations for reform.
Criminal Courts Review
2.37 Lord Justice Auld, a senior judge of the Court of Appeal, was appointed by the Lord Chancellor in December 1999 to conduct an independent review of the criminal courts.
2.38 Lord Justice Auld published his final report in October 2001. The report endorsed several ongoing Judicial Group projects in particular he supports the pilot assessment centre and recommends that, if it is successful, that the Lord Chancellor considers whether it should be extended. He also comments on appraisal of the judiciary, consultation in the judicial appointments process, and on guidelines in respect of disability.
2.39 The Auld review makes wide-ranging recommendations on criminal justice issues such as the allocation of work and the structure of court administration. Many of these recommendations could impact on the mechanics and criteria of judicial appointments these implications are being analysed. The period for public comment on the review closed on 31 January 2002. A White Paper was published in July 2002.
Equal Opportunities Working Party
2.40 Previous Annual Reports have referred to the work of the Joint Working Party on Equal Opportunities in Judicial Appointments and Silk. The working party considers and proposes action to increase the number of applications for judicial appointment and Silk from women, people with disabilities, and black and Asian lawyers; considers and proposes possible changes to the appointments procedures to be considered by the Lord Chancellor. Also, where appropriate, it advises on and assists in implementation. Officials from the Lord Chancellor's Department continue to take part in the Joint Working Party's discussions and to provide the secretariat. In 1999 the working party submitted a report to the Lord Chancellor. Many of the recommendations made in the report have already been implemented, are being taken forward or are under consideration.
2.41 The working party continues to meet to discuss and consider the judicial and Silk appointments procedures. Membership of the working party has expanded and sub groups have been set up recently to look at specific issues in relation to applications from minority ethnic lawyers and solicitors and pre-application preparation.
Factors Affecting Career Progression
2.42 In the Recorder competition advertised in April 2001, the Lord Chancellor decided to pilot a scheme under which practitioners were invited to submit a statement with their application if they considered that there were factors that restricted their opportunities to progress in their careers and that their career progress understated their judicial potential. A number of candidates took advantage of the scheme and, although in some cases candidates had not fully understood the purpose of the scheme, some candidates did benefit from the opportunity to draw particular factors to the sifting and interviewing panels' attention. The Lord Chancellor has therefore decided that the scheme should continue for future Recorder competitions and it will be introduced into other competitions for part-time judicial appointments.
Judges for the 21st Century
2.43 The major reviews of the Tribunals and the Criminal Courts, the Court Service's Modernisation Programme and other developments affecting the future requirements, both in terms of numbers and of the skills required of judges, led to the establishment of a "Judges for the 21st Century" project. This project is not yet complete but has produced an analysis of the initiatives and developments affecting judicial needs and has led to, or supported, a number of different activities both within Judicial Group and jointly with the Court Service and the Judicial Studies Board with a view, for example, to improving the Department's capacity to forecast and plan judicial needs and to identify and develop a framework of core competences for judicial office holders.
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