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Judges: Public Appointments

Volume 461: debated on Monday 18 June 2007

To ask the Minister of State, Ministry of Justice how many (a) Crown court, (b) County court, (c) High court and (d) Court of Appeal judges have been appointed in each of the last five years; how each was appraised; what criteria are adopted for each appointment; whether consideration is given to a candidate's political views; how many candidates were rejected; and if she will make a statement. (142822)

The following tables set out the numbers of applicants for, and appointments to, full-time judicial posts (not including magistrates) in the courts system for the five-year period 2001-02 to 2005-06, plus appointments to the fee-paid position of recorder. It is not possible to identify separately appointments to the Crown court and county court as judges on the Circuit Bench and recorders are deployed to either. District judges sit in the county court only. Members of the full-time judiciary are not subject to formal appraisal after appointment.

In addition to the minimum criteria set out in law for appointment to each level of post, applicants must demonstrate that they have the qualities and abilities needed to successfully take on judicial office, including relevant knowledge and experience, independence, professionalism, judgment and people skills. Information about candidates' political views is neither sought nor taken into account in the selection process. Since April 2006, the independent Judicial Appointments Commission has had the responsibility for appointments and has set out the qualities and abilities it believes are necessary for judicial office. These are: intellectual capacity, personal qualities, the ability to understand and treat fairly, authority and communication skills and efficiency.

Court of Appeal

Appointed

2005-06

4

2004-05

1

2003-04

6

2002-03

2

2001-02

1

High Court

Applicants

Appointed

2005-06

129

8

2004-05

128

11

2003-04

174

10

2002-03

57

6

2001-02

9

Senior Circuit Judge

Applicants

Appointed

Rejected

2005-06

41

5

36

2004-05

39

6

33

2003-04

41

7

34

2002-03

30

4

26

Circuit Bench

Applicants

Appointed

Reserve

Rejected

2005-06

248

42

64

142

2004-05

112

6

28

78

2003-04

207

30

65

112

2002-03

1

2001-02

231

20

94

117

1 No general competition was held in 2002-2003. However, 39 vacancies arose in this period, 38 posts were filled by candidates who were on the circuit bench reserve list established after the 2001-02 competition.

District Bench

Applicants

Appointed

Reserve

Rejected

2005-06

24

13

2

9

2004-05

248

26

27

195

2003-04

29

3

2

24

2002-03

241

15

22

204

2001-02

25

2

1

22

Recorder

Applicants

Appointed

Reserve

Rejected

2005-06

782

162

192

428

2004-05

683

143

540

2003-04

267

20

26

221

2002-03

589

93

83

413

2001-02

540

98

To ask the Minister of State, Ministry of Justice if she will list the (a) primary legislation and (b) statutory instruments which regulate (i) the appointment and (ii) renewal of appointment of (A) Crown court, (B) county court, (C) High court and (D) Court of Appeal judges; what changes have been made to each since their enactment; what further amendments are planned; and if she will make a statement. (142823)

The principal legislation which regulates the appointment and renewal (where relevant) of salaried and fee-paid judicial office holders to the Crown court, county court, high court and Court of Appeal is set out as follows:

The Courts Act 1971

The Supreme Court Act 1981

The County Courts Act 1984

The Courts and Legal Services Act 1990

The Constitutional Reform Act 2005

Sections 76-84 of the Constitutional Reform Act govern the selection process for Lords Justices of Appeal. Sections 85-93 of the Constitutional Reform Act govern the selection process for the appointment of high court judges, circuit judges, recorders and judges who preside in the county court.

Appointments to salaried judicial office in the Crown court, county court, high court and Court of Appeal are made until the statutory retirement age is reached. For fee-paid appointments ie recorders and deputy district judges, it is usual for these appointments to be made on a five-year renewable term until retirement under section 21 of the Courts Act as amended by the Courts and Legal Services Act and the Constitutional Reform Act.

Changes in the qualifications for appointment to these offices are contained in the Tribunals Courts and Enforcement Bill currently before this House. There are currently no plans to further amend the legislation regulating the appointment and re-appointment of judges to the courts listed.