The Judicial Appointments Commission (JAC) is an independent commission that selects candidates for judicial office in courts and tribunals in England and Wales and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
The Appropriate Authority (either the Lord Chancellor, Lord Chief Justice or Senior President of Tribunals) can accept or reject a JAC recommendation, or ask the Commission to reconsider it. If the Appropriate Authority rejects a recommendation or asks for reconsideration they must provide written reasons to the JAC.
Under the Constitutional Reform Act, the Lord Chancellor also lost his other judicial functions, including the right to sit as a judge in the House of Lords. The Act also established the Lord Chief Justice as head of the judiciary of England and Wales. The Act has since been amended by the Crime and Courts Act 2013.
Under the Constitutional Reform Act Parliament gave the JAC the following statutory duties:
to select candidates solely on merit;
to select only people of good character; and
to have regard to the need to encourage diversity in the range of persons available for judicial selection.
Members
The Judicial Appointments Commission comprises 15 commissioners. Twelve, including the Chairman, are appointed through open competition, with the other three selected by the Judges' Council (two senior members of the courts judiciary) or the Tribunal Judges' Council (one senior member of the tribunals judiciary).[1]
The Chairman of the Commission must always be a lay member. Of the 14 other Commissioners:
6 must be judicial members (of which two must be tribunal judges)
2 must be professional members (each of whom must hold a qualification listed below but must not hold the same qualification as each other*)
The Judicial Appointments Commission has been criticised for having too much power over judicial appointments at the expense of ministers. Robert Hazell and Timothy Foot have argued that the JAC's set-up means that any ministerial discretion in the choice of judges is purely nominal, with the JAC being the final appointer.[4]Richard Ekins and Graham Gee have proposed amending the Constitutional Reform Act 2005 to restore a meaningful choice over judicial candidates to the Lord Chancellor.[5]