UK's Judicial Appointments Commission to expand 'equal merits' approach for greater diversity

The Judicial Appointments Commission (JAC), the body responsible for recruiting judges in the U.K., plans to expand its “equal merits” approach to enhance diversity, according to its three-year strategy document.

The JAC currently prioritizes candidates from underrepresented groups, such as women and ethnic minorities, when two or more candidates are judged to be of equal merit.

Introduced by the Crime and Courts Act 2013, the equal merit provision has significantly impacted judicial appointments, The Law Society Gazette reported. In the 2022-23 selection exercises, 184 candidates advanced to the next stage at the shortlisting phase, and 25 candidates were recommended at the selection day stage as a result of this provision.

The JAC's 2024-2027 strategy document outlines a review of the current approach to determine whether there is sufficient evidence to extend the equal merit provision to other protected characteristics, such as disability. In the 2022-23 selection exercises, candidates with disabilities constituted 9 percent of applicants and recommendations.

This review is part of a broader series of actions to attract high-caliber candidates from diverse backgrounds. The commission's strategic goal is to receive well-evidenced applications from the widest range of talented individuals. Additionally, the JAC aims to establish itself as a center of excellence in selection practices, ensuring fair and effective recruitment processes for all judicial roles.

The JAC will undertake a comprehensive review of its skills and competency framework to achieve these strategic aims. This will include an assessment of the weighting of competencies, the operation of its paper sifting of applications, and the use of competency-based interviews. The goal is to apply best practices in the selection process to fairly identify and recruit individuals with the necessary skills and abilities.

Moreover, following an independent review, the JAC will evaluate recent changes to the operation of “statutory consultation,” a controversial recruitment tool. This evaluation will include a review by the Court of Appeal later this year, which granted an unsuccessful applicant to the circuit bench permission to continue her long-standing dispute with the commission.