Judicial Diversity
Constitutional Reform Act 2005
Aimed at: increasing independence of judiciary
increasing diversity of appointments
• Created Supreme Court independent of
Parliament
• Allowed for Lord Chancellor in Commons
• Created independent JAC
In 2005 there were: 3,800 FT and PT court judges
640 women (17%)
114 BAME (3%)
JAC statutory duties
– To select candidates solely on merit
– To select only people of good character
– To have regard to the need to encourage
diversity in the range of persons available for
selection for appointment
Difficult birth –
and sustained scrutiny
2007 Nooney Review
- efficiency
2008 MoJ LEAN review - efficiency
2009 Neuberger Review - diversity
2010 End-to-End Review - organisation/management
2010/11 Public Bodies Bill: low point for JAC
Scrutiny continued…
2011/12 MoJ Review - appointments system as a
whole, with focus on diversity
2011/12 HoL Constitution Committee Review appointments system, including diversity
New focus from then LC: -
2013
Cost
-
Speed
-
Diversity
Crime and Courts Act – enhanced and
extended role of JAC
Crime and Courts Act 2013
• Equal merit provision
• Increased lay membership and diversity of
selection panels for senior appointments
• Transferred chairmanship of panel to select LCJ
and President UKSC to lay members of
appointments bodies
• Transferred responsibility for selecting deputy
High Court judges to JAC
• Statutory diversity duties for LCJ and LC
JAC Diversity Strategy
• Fair and non-discriminatory selection processes
– now incorporating EMP
• Advertising and Outreach – further targeted
through candidate attraction project
• Working with others to break down barriers –
including via Diversity Forum
Diverse staff:
Diverse selection panels:
Diverse Commission:
Women
58%
64%
53%
BAME
19%
8%
13%
Selection process
• Candidates submit competency-based
application form
• Short-listing by online test for larger exercises or
paper sift for smaller/senior exercises
• Selection day: interview and combination of:
- presentation on subject specified by JAC;
- role play exercise (usually for entry level
posts);
- situational questioning;
- competence-based questions around the
qualities and abilities required for the office.
Performance of
women candidates I
• Applications from – and recommendations of women are higher under JAC
• Proportion of applications is significantly higher
for 6/7 posts, and recommendations significantly
higher for 3/7 posts
• Women making good progress at all levels of
competition up to and including Court of Appeal:
- 41% (1,668) of recommended candidates
- 42% (1,173) of recommendations for legal roles
- 35% (530) of recommendations for courts
Performance of
women candidates II
• In last District Judge and Circuit Judge
exercises, 54% (29/54) and 48% (26/54) of
successful candidates were women
• Women now make up 25% of courts judiciary –
830 of 3,282 judges – an increase of 8% (190) in
nine years
• Women make up 45% of tribunals judiciary 2,717 of 6,084 judges
• Progress at most senior levels still slow
Performance of
BAME candidates I
• Applications from – and recommendations of BAME candidates are higher under JAC
• Proportion of applications from BAME
candidates is significantly higher for 6/7 posts
• BAME recommendations are significantly higher
for one of the posts
• BAME candidates have generally been
recommended in line with level in eligible pool:
- 10% (398) of recommended candidates
- 7% (194) of recommendations for legal roles
- 7% (105) of recommendations for court roles
Performance of
BAME candidates II
• 6% of courts judiciary have BAME backgrounds
– 157 of 3,282 judges – double 2005 proportion
• 13% of tribunals judiciary are BAME –
740 of 6,054 judges
• Progress at senior levels still slow
Current and future challenges
April 2014:
Women
BAME
Total Judiciary
9,366
Courts only
3,282
38% (3,587)
10% (897)
25% (830)
5.8% (157)
• Diversity of candidate pool an ongoing challenge
• Need multiple routes in to the judiciary – and up
• Impact of O’Brien and Miller litigation – reduction
in fee-paid vacancies
• Wider, ongoing financial constraints