New Delhi (ABC Live): UK Judicial Appointment Commission : The selection process of Judges in United Kingdom from where Indian Judiciary inherited it legacy is transparent as like and so as their performance.
Judicial Appointment Commission is authority which selects the judges and recommends their appointments in United Kingdom.
Know about Judicial Appointment Commission;
The Constitutional Reform Act 2005 (CRA) enshrined in law the independence of the judiciary and changed the way judges are appointed.
As a result of the Act, the JAC was set up on 3 April 2006 to make the appointments process clearer and more accountable.
Under the CRA, the JAC’s statutory duties are to:
- select candidates solely on merit
- select only people of good character
- have regard to the need to encourage diversity in the range of persons available for judicial selection
The Commission comprises 15 Commissioners who are responsible for ensuring that the JAC fulfils its role, achieves its aims and objectives, and promotes the efficient and effective use of staff and other resources.
The Chairman of the Commission meets regularly with partners including the Lord Chancellor, the Lord Chief Justice, the Senior President of Tribunals, and the Judicial Appointments and Conduct Ombudsman.
How Commissioners of Judicial Appointment Commission are appointed
Twelve commissioners, including the Chairman, are appointed through open competition.
The other 3 are selected by the Judges’ Council (2 senior members of the courts judiciary) or the Tribunal Judges’ Council (1 senior member of the tribunals judiciary).
The Commissioners are appointed in their own right and are not representatives of the professions that they may come from.
Composition of the Commission
4.—(1) Of the 14 other Commissioners—
(a) 7 must be holders of judicial office,
(b) 5 must be lay members, and
(c) 2 must be persons practising or employed as lawyers.
(2) Of the 7 Commissioners who are appointed as holders of judicial office—
(a) 1 must be a Lord Justice of Appeal;
(b) 1 must be a puisne judge of the High Court;
(c) 1 must be a senior tribunal office-holder member;
(d) 1 must be a circuit judge;
(e) 1 must be a district judge of a county court, a District Judge (Magistrates’ Courts) or a person appointed to an office under section 89 of the Senior Courts Act 1981(1);
(f) 1 must be a holder of an office listed in paragraph (3);
(g) 1 must be a non-legally qualified judicial member.
(3) The offices referred to in paragraph (2)(f) are— (a)judge of the First-tier Tribunal appointed under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007(2);
(b) transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act(3));
(c) Regional Employment Judge appointed under regulation 6(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(4);
(d) Employment Judge (England and Wales) appointed under regulation 8(1) and (3)(a) of those Regulations(5).
(4) Of the 2 Commissioners appointed who are persons practising or employed as lawyers—
(a) each person must hold a qualification listed in paragraph (5),
(b) but they must not hold the same qualification as each other.
(5) The qualifications referred to in paragraph (4) are—
(a) barrister in England and Wales;
(b) solicitor of the Senior Courts of England and Wales;
(c) fellow of the Chartered Institute of Legal Executives.
Presently Ajay Kakkar is Chairman of Judicial Appointment Commission
Lord Kakkar was appointed JAC Chairman on 3 October 2016. He is Professor of Surgery, University College London, Chairman of University College London Partners Academic Health Science Partnership and Director of the Thrombosis Research Institute, London.
Lord Kakkar was created a Life Peer in 2010 and sits on the cross benches of the House of Lords. He has served as Chairman of the House of Lords Appointments Commission since 2013 and was appointed a member of the Privy Council in December 2014.
Mrs Justice Philippa Whipple, Vice chairman (judicial)
Mrs Justice Philippa Whipple was appointed as a judicial member to the Judicial Appointments Commission on 22 December 2016 for 3 years.
Philippa was appointed a High Court judge in 2015 and sits in the Queen’s Bench division. She was appointed as a JAC Commissioner in December 2016. Prior to her full-time judicial appointment, she sat as a Recorder from 2005 on the Western Circuit (Crime and Civil), and as a deputy high court judge from 2013 (Administrative Court).
Philippa started her professional career in 1989 as a solicitor in a City firm, before re-training as a barrister in 1994. As a barrister, she practised in the fields of medical, tax and public law.
Mathu Asokan (judicial)
District Judge Mathu Asokan was appointed to the JAC as a judicial member on 1 September 2017.
Mathu sits full-time at Birmingham Civil Justice Centre and deals with Children and Court of Protection cases. Her roles have included Diversity and Community Relations Judge for the West Midlands area and Family and Children Tutor Judge for the Judicial College. She is a committee member of the UK Association of Women Judges.
She started her career as a solicitor, progressing quickly to partner and head of the defendant insurance department at her firm. She was appointed a Deputy District Judge in 1999 and combined sitting days with a busy practice until her appointment to the Bench in 2002. Mathu is also co-author of ‘Injunctions and Orders Against Anti-Social or Violent Individuals’.
Emir Khan Feisal (lay magistrate)
Emir Feisal was appointed to the JAC as a lay magistrate member on 1 September 2017.
Emir is a chartered accountant and a certified fraud examiner. He is Managing Director of 360 Change Consulting Ltd specialising in transformational change and has been a magistrate since 2005.
The majority of his career was spent at The Sunday Times as Associate Managing Editor, where he was responsible for the organisation’s finances.
Emir is a board member of The Queen’s Award for Voluntary Service, and is a trustee and finance committee member of The Henry Smith Charity. He sits on appeals at the Crown Court, particularly at the Old Bailey, and was previously a lay member of the Council of the Inns of Court and of the Bar Tribunal Adjudication Service.
Martin Forde QC (professional: barrister)
Martin Ford QC was appointed as the barrister member to the Judicial Appointments Commission in January 2012 and reappointed for a further 3 years from 5 January 2015.
Martin took Silk in 2006 and became a Recorder in 2009. His early career on the Midland Circuit included crime, personal injuries, matrimonial and a variety of civil and criminal work, though latterly he has focused on medical negligence and regulatory work. He is the South Eastern Circuit Diversity Mentor and Chair of the South Eastern Circuit Minorities Committee. He is also the Chair of the Bar Council’s Equality and Diversity Sub Group: Access to Appointments and Progression.
Jane Furniss CBE (lay)
Jane Furniss was appointed to the JAC as a lay member on 1 September 2017.
Jane is a non-executive director on the Board of the National Crime Agency, and Senior Independent Director of the Solicitors Regulation Authority. She is a Trustee of the leadership college, Cumberland Lodge, and provides mentoring support and advice to chairs and senior executives through Critical Eye.
Until 2013 Jane was Chief Executive of the Independent Police Complaints Commission. She was Deputy Chair of the homelessness charity Crisis from 2005 to 2016. Earlier in her career she held senior roles in HM Inspectorate of Probation and the probation service and as a Director-General at the Home Office she led a strategic change programme to reform the way the criminal justice system works.
Her Honour Judge Usha Karu (judicial)
Judge Usha Karu was appointed a judicial member of the Judicial Appointments Commission on 9 June 2014 for 3 years and reappointed in January 2017 for a further 6 months.
Usha was appointed as a circuit judge in 2005 and currently sits at the Inner London Crown Court. Prior to her appointment to the full time judiciary she was a barrister by profession and is one of the 2 Diversity and Community Relations judges for Inner London Crown Court.
She is also the coordinating judge for Judicial Mentors for Recorders for the London area as well as the New Recorders Training Judge at the Inner London Crown Court, and a judicial member of the Mental Health Review Tribunal (Restricted Patients Panel).
Andrew Kennon (lay)
Andrew Kennon was appointed to the JAC as a lay member on 1 September 2017.
Andrew worked for 39 years as a Clerk in the House of Commons, retiring in 2017 after 5 years as Clerk of Committees. He has advised on governance and constitutional law, and written and lectured on parliamentary and constitutional issues throughout his career. He has worked on all aspects of parliamentary reform and was closely involved in the internal governance of the House of Commons.
He is the editor (with Professor Robert Blackburn) of ‘Parliament: Functions, Practice and Procedures’ and has extensive experience of speaking and advising other parliaments, abroad and in the UK, on best practice.
Professor Noel Lloyd CBE (lay)
He was appointed as a lay member to the Judicial Appointments Commission in February 2012, was re-appointed for a further 3 years on 1 February 2014, and re-appointed for a further 2 years and 6 months on 1 February 2017.
Noel was vice-chancellor of Aberystwyth University. He is a member of the Devolution Commission (the Silk Commission), chair of High Performance Computing Wales and also chair of Fair Trade Wales. An academic mathematician, he has worked in Aberystwyth since 1974 after an early career in Cambridge, becoming pro vice-chancellor in 1997. He has also been chair of Higher Education Wales, vice president of Universities UK and board member of the Quality Assurance Agency for Higher Education.
Alexandra Marks CBE (professional: solicitor)
Alexandra Marks was appointed as the solicitor member to the Judicial Appointments Commission in January 2012 and reappointed for a further 3 years from 5 January 2015.
Alexandra has had a career as a partner at Linklaters, practising in commercial property. She became a Recorder in 2002, is a Deputy High Court judge, an Adjudicator for the Solicitors Regulation Authority, and Chair of the Architects Registration Board’s Professional Conduct Committee. She is also a past President of the City of London Law Society and a Board member of JUSTICE.
Fiona Monk (judicial)
Judge Fiona Monk was appointed to the JAC as a judicial member on 1 September 2017.
Fiona has been the Regional Employment Judge for the West Midlands since 2011 and is currently on secondment as the Senior Resident Judge of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. She leads a team of 90 judges, medical and service members to resolve over 2,000 appeals each year.
Fiona is also a trained mediator judge, a Diversity and Community Relations Judge and in 2014, she became a leadership judge mentor.
In her early career as a solicitor, Fiona worked at Coventry Law Centre where she specialised in employment and discrimination as well as assisting and advising on recruitment. Prior to becoming a salaried judge she worked as an adjudicator for the Solicitors’ Regulation Authority.
Dame Valerie Strachan DCB (lay)
Valerie Strachan was appointed to the JAC in February 2012 and reappointed for a further 3 years from 1 February 2015.
Valerie is a former senior civil servant. She retired as Chairman of HM Customs and Excise in 2000. She served as a lay assessor on the Leggatt enquiry in 2001-02 (which recommended the creation of the Tribunals Service). Between 2006 and 2011 she was a panel member of the Rosemary Nelson Inquiry. Other appointments have included Chair of the Council of the University of Southampton, Vice Chair of the Big Lottery Fund and Chair of James Alleyn’s Girls’ School.
His Honour Judge Phillip Sycamore (judicial)
Judge Philip Sycamore is a judicial member of the Judicial Appointments Commission on 9 June 2014 for 3 years.
Philip was appointed as a circuit judge in 2001 and is currently the Chamber President of the First-tier Tribunal (Health Education and Social Care Chamber), a judge of the Upper Tribunal (Administrative Appeals Chamber) and a Deputy High Court judge. He was previously the liaison judge for the Mental Health Review Tribunal, the President of the Law Society of England and Wales from 1997 to 1998 and a Recorder from 1999 to 2001.
Sir Simon Wessely (lay)
Simon Wessely was appointed to the JAC as a lay member on 1 September 2017.
Simon is Regius Professor of Psychiatry at the Institute of Psychiatry and Neuroscience at King’s College London. He is an honorary consultant psychiatrist at King’s College Hospital and the Maudsley Hospital, a civilian consultant advisor in psychiatry to the British Army and Director of the King’s Centre for Military Health Research. He has just stepped down as President of the Royal College of Psychiatrists and is now President of the Royal Society of Medicine.
Simon is also a Trustee of Combat Stress and has campaigned to improve the understanding and image of mental health. He was awarded a knighthood for services to military healthcare and to psychological medicine.