Supreme Court launches selection process for new justices
11 February 2022
The process of appointing two new Supreme Court Justices begins today (Friday 11 February), as applications are invited from candidates to fill the vacancies resulting from the retirement of Lord Lloyd-Jones and Lady Arden of Heswall.
Digital adverts will appear from today encouraging applications for some of the most senior judicial appointments in the UK.
A dedicated section of the Supreme Court website has been set up to promote the vacancies and to explain the selection process, as well as to host information for prospective candidates.
The Supreme Court and Judicial Committee of the Privy Council hear a wide range of very complex and high–profile legal appeals, which can have considerable impact across the United Kingdom and beyond.
The Supreme Court's commitment to diversity and inclusion is deeply rooted in our values. We recognise that diversity brings richness to the judiciary and we welcome applicants from all backgrounds. We support part–time and flexible working, subject to the needs of the Court.
All those appointed to the Court need to be people of truly exceptional intellectual and legal ability, with sound judgment and decisiveness. The selection commission is looking for candidates who can show an ability to contribute to the collegiate decision–making of the Court, a sensitivity to the needs of different communities and groups and an ability and willingness to engage in the wider representational and leadership role of a Justice, together with an appreciation of the developing nature of the constitution and law in England, Scotland, Northern Ireland and Wales. The Supreme Court is required by statute to have judges with a knowledge of, and experience of practice in, the law of each part of the United Kingdom.
The appointments process will be overseen by an independent selection commission, convened by the Lord Chancellor under rules set by Parliament. The Justices will be selected under provisions set out in the Constitutional Reform Act 2005, as amended. The membership of the commission is prescribed in the statute and in the Supreme Court (Judicial Appointments) Regulations 2013.
The closing date for applications is midday on 4 March 2022. Once shortlisting, interviews and the required consultation exercises have taken place, the announcement of the name of the appointees is made by HM Government on behalf of HM Queen with a view to the new post-holder taking up office in early summer.
Support and further information for prospective candidates
- The Supreme Court is offering familiarisation visits for those considering applying for an appointment as a Justice and who meet the minimum statutory criteria to be a Justice. These sessions will comprise:
- A tour of the Supreme Court building; and
- A private meeting of up to one hour with a current Justice not directly involved in the appointments process to discuss the nature, challenges and highlights of the role.
- A short video the President of the Supreme Court, Lord Reed, announcing the launch of the recruitment campaign, providing some information about the role of a Supreme Court Justice and details about the application process.
- A series of short podcasts, featuring interviews with serving Justices, can be found on the Supreme Court website. Justices talk about their career path and why they applied to become a Justice, as well as sharing insights into what the process felt like and what advice they would give someone thinking of applying.
- A webinar recording on career pathways to becoming a Justice. This provides an opportunity to learn more about the appointment process and what it takes to become a well-qualified candidate, enabling aspiring future Justices to kick-start long-term career planning.
- Three short videos will be released on social media during the application period where Justices talk on themes such as: the qualities of a Justice; tips for Justices; and diversity in the judicial profession. As they are released, we will add links to them on the dedicated section of the Supreme Court website.
- There is also a considerable amount of information about the Court and its cases on the Supreme Court website, including video recordings of cases.
More information is available via the following link: Familiarisation visits for potential judicial candidates.
1. The process
Much of the selection process is set out in statute: the Constitutional Reform Act 2005 (as amended by the Crime and Courts Act 2013).
In short, the steps undertaken by the independent selection commission (once convened by the Lord Chancellor) are:
- Consultation with the Lord Chancellor on the position to be advertised and the process of selection
- The vacancy is advertised, with candidates invited to submit a personal statement, examples of work and details of independent assessors. The basic eligibility criteria are set by Parliament.
- The statute also requires that the Lord Chancellor, the First Minister of Scotland, the First Minister of Wales, the Judicial Appointments Commission in Northern Ireland and senior judges across the UK are consulted as part of the selection process.
- Candidates are shortlisted and interviewed by the panel. Under changes introduced by the Crime and Courts Act 2013, where two candidates are deemed to be of equal merit, the commission can give preference to one candidate over the other for the purpose of increasing diversity within the Court.
- After interviews, a report is sent to the Lord Chancellor for his consideration. There is another round of consultation with the senior politicians and judges. The Lord Chancellor then accepts the recommendation(s), or can reject it, or ask the commission to reconsider.
- When the Lord Chancellor accepts a recommendation, the name is notified to the Prime Minister and HM The Queen. The candidate is informed of the outcome, and the Prime Minister's Office then makes an announcement.
A detailed description of the appointments process for Justices is available on the Supreme Court website via the following link: Appointments of Justices.
2. Membership of the Selection Commission
Membership of the commission for the vacancy is set out in statute, i.e. it is stipulated by Parliament and not open to change without a change in legislation.
The commission for the vacancies for Justices of the Supreme Court is chaired by the President of the Supreme Court. Another senior UK judge (not a Supreme Court Justice), and representatives from each of the three independent judicial appointments board/commissions across the UK, form the rest of the panel. By law, at least two of these must be a non-lawyer.
For this competition, the selection commission comprises:
|Membership of the selection commission:|
|Lord Reed of Allermuir (Chair)||President of the Supreme Court|
|Mrs. Elizabeth Burnley CBE||Member of the Judicial Appointments Board for Scotland|
|Mr Paul Douglas||Member of the Northern Ireland Judicial Appointments Commission|
|Lord Kakkar||Chair of the Judicial Appointments Commission|
|Sir Geoffrey Vos||Master of the Rolls and Head of Civil Justice|
4. David Lloyd Jones, The Right Hon Lord Lloyd-Jones, became a Justice of the Supreme Court in October 2017. Mary Howarth Arden, Lady Arden of Heswall, became a Justice of the Supreme Court in October 2018.You can read their biographies on our website.