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What has changed, and why? Paul Secher unpacks the new standards aligning the recruiting, training and appraising of judges – the first major change to the system for ten years
It is almost exactly 20 years since the Judicial Appointments Commission (JAC) was created (3 April 2006). Three years earlier, the then-Prime Minister, Tony Blair announced the government’s intention to reform the system for the appointment of judges. A month later, the PM’s former flatmate, friend and fellow barrister, Charlie Falconer, Lord Chancellor and Secretary of State for Constitutional Affairs, issued details of the proposals, including the establishment of an independent JAC. This was one of a number of important constitutional reforms contained in the subsequent Constitutional Reform Act, which passed into law in March 2005. Other key reforms included: the creation of an independent Supreme Court, replacing the judicial function of the House of Lords, thereby making a clear separation between the legislature and the judiciary; and moving the judicial functions of the Lord Chancellor to the Lord (currently Lady) Chief Justice and important administrative roles to the new ‘Secretary of State for Justice’.
The 2005 Act changed for ever the way in which judges were to be appointed. Gone were ‘secret soundings’ and the ‘tap on the shoulder’. All appointments to the judiciary would be on a merit-based, competency-based system, designed, devised and directed by the independent JAC. Opacity would be replaced by transparency. Accountability would be enhanced and greater public confidence assured by judicial independence enshrined in the law of the land. The JAC’s duties under the new statute were to select applicants for judicial appointment on merit only, having regard to good character and the need to encourage diversity in the spread of people available for judicial appointment.
Competition in all judicial selection exercises is intense – ten or more applicants for every vacancy. Competency frameworks have been used extensively throughout the selection process to assess candidates’ ability to carry out their chosen judicial role effectively. Competency-based assessment is at the core of judicial appointment and is the central thread of every competition, especially at the written application/self-assessment stage and then again at panel interview on selection day, whether in-person or remote. In each selection exercise, self-assessment has been against the particular competency framework applicable to the individual competition.
The system involving the effective use of competency frameworks has worked well for many years. So what has changed – and why? With input from the judiciary and the Judicial College, the JAC has produced a single, unified framework applicable to virtually all judicial recruitment, which will also align with judicial training and appraisal. Known as the Judicial Skills and Abilities Framework (JSAF), it is the first major change to the system for ten years. Since October last year, all new selection exercises have been making use of the JSAF. The new framework clearly sets out the skills and abilities, which candidates need to demonstrate – with evidence and examples – throughout the selection process. The JAC presents the framework under five main headings – plus a sixth where a leadership role is involved – to enable applicants to demonstrate the range of skills and abilities required to carry out a judicial role successfully.
Previously, the required competencies were grouped into five areas: exercising judgement; possessing and building knowledge; assimilating and clarifying information; working and communicating with others; and managing work efficiently. Each title covered between four and five sub-headings and applicants were encouraged to demonstrate compliance with the competency areas as a whole, not necessarily against each bullet point individually. Evidence could be sourced from a range of experiences, mainly work-related but also from outside activities which demonstrated the required competencies.
For all post-October 2025 judicial selection exercises, the JSAF applies, with skills and abilities listed under: legal skills; dealing with information; communication skills; personal qualities; and effective working. Legal skills covers knowledge, intellectual and analytical ability; a willingness to invest time in developing skills and knowledge appropriate to the role, as well as a flexible approach in relation to unfamiliar or developing areas; and a clear understanding of what is required for a fair hearing. Dealing with information covers an ability to assimilate and organise pertinent information quickly and identify clearly relevant issues of fact and law for decision; clearly reasoned and concise decisions accompanied by sound judgement. Communication skills includes effective listening skills as well as clear oral and written skills, in language appropriate to the forum and circumstances; and an appropriate, authoritative approach which inspires respect and confidence, while ensuring proper participation and fairness, with an efficient use of judicial resources. Personal qualities require adherence to the Bangalore Principles of independence, impartiality, integrity, propriety and equality of treatment; resilience and calmness in challenging situations; open-mindedness, self-awareness and a practical common-sense approach to problem-solving. Effective working demands diligence, efficiency and good prioritisation; a collegiate approach to teamwork; an inclusive approach to those with differences from themselves; and a willingness to challenge inappropriate behaviour of others.
Leadership roles require eight additional abilities and behaviours. In addition to building and maintaining an effective judicial team, prospective leaders need to be able to lead by example and motivate others to perform at their best, and work collaboratively with proper regard for the wellbeing of others, as well as ensuring an inclusive culture for everyone, regardless of background. The full JSAF is available on the JAC website.
In addition to the JSAF, the JAC website provides resources for judicial candidates and guidance on how to prepare your skills and abilities examples, in the context of the new framework.
Past experience tells us that demonstrating actual and potential skills and abilities necessary for the judicial role, does not always come easily to many barristers. Modesty has sometimes rendered some members of the Bar reluctant to engage fully with the process. Competency-based assessment is not about your opinion of your own skills and abilities – but rather a demonstration of what you have done and how you do it. Identifying strong examples to include in your self-assessment and to articulate later at interview is critical.
In the JAC’s new guidance material, positive and negative indicators of each element in the JSAF are provided to help applicants in developing their examples to best effect. This 19-page document, set out in three columns, helpfully features each competency and bullet point; explains the particular meaning in column two; and in the third column offers by way of positive and negative indicators, how the skill and ability might – or might not – be demonstrated. The JAC suggests candidates think carefully about each element of the framework, alongside consideration of their best skills and abilities examples. While you do not need to address every single point within each element of the framework, you are encouraged to focus on most of them, clearly explaining the actions that you took and the outcome of your actions.
You will also do well to alert your independent assessors to the changes in the new JSAF, so that they can consider any changes to their assessment as part of the particular exercise. Many of your existing skills and abilities are likely still to be relevant under the JSAF – but the JAC advises you to review them against the framework criteria and revise or amend as necessary. This new guidance from the JAC is invaluable and I would encourage anyone considering participating in a judicial appointment selection exercise to read it.
JAC introduction to the new JSAF
JAC 19-page guidance for candidates on demonstrating new JSAF skills for legal roles
Courts and Tribunals Judiciary guidance on the new JSAF
‘The updated Framework reflects the skills required of the modern judiciary, and we encourage all current and aspiring members of the judiciary to read it.’ Baroness Carr, Lady Chief Justice and Sir Keith Lindblom, Senior President of Tribunals
In October last year the JAC published an external review on neuroinclusive judicial recruitment. Independent research provided 17 recommendations to enhance JAC selection processes in supporting neurodivergent candidates.
Paul Secher LLB is Founding Director of ‘Judicial & Silk’ (formerly ‘JSB Judicial’), a professional firm specialising in career development in the legal profession, with particular reference to the judiciary, supporting those seeking appointment at all levels: www.judicial.org.uk; paul.secher@judicial.org.uk; 07956 528125.
It is almost exactly 20 years since the Judicial Appointments Commission (JAC) was created (3 April 2006). Three years earlier, the then-Prime Minister, Tony Blair announced the government’s intention to reform the system for the appointment of judges. A month later, the PM’s former flatmate, friend and fellow barrister, Charlie Falconer, Lord Chancellor and Secretary of State for Constitutional Affairs, issued details of the proposals, including the establishment of an independent JAC. This was one of a number of important constitutional reforms contained in the subsequent Constitutional Reform Act, which passed into law in March 2005. Other key reforms included: the creation of an independent Supreme Court, replacing the judicial function of the House of Lords, thereby making a clear separation between the legislature and the judiciary; and moving the judicial functions of the Lord Chancellor to the Lord (currently Lady) Chief Justice and important administrative roles to the new ‘Secretary of State for Justice’.
The 2005 Act changed for ever the way in which judges were to be appointed. Gone were ‘secret soundings’ and the ‘tap on the shoulder’. All appointments to the judiciary would be on a merit-based, competency-based system, designed, devised and directed by the independent JAC. Opacity would be replaced by transparency. Accountability would be enhanced and greater public confidence assured by judicial independence enshrined in the law of the land. The JAC’s duties under the new statute were to select applicants for judicial appointment on merit only, having regard to good character and the need to encourage diversity in the spread of people available for judicial appointment.
Competition in all judicial selection exercises is intense – ten or more applicants for every vacancy. Competency frameworks have been used extensively throughout the selection process to assess candidates’ ability to carry out their chosen judicial role effectively. Competency-based assessment is at the core of judicial appointment and is the central thread of every competition, especially at the written application/self-assessment stage and then again at panel interview on selection day, whether in-person or remote. In each selection exercise, self-assessment has been against the particular competency framework applicable to the individual competition.
The system involving the effective use of competency frameworks has worked well for many years. So what has changed – and why? With input from the judiciary and the Judicial College, the JAC has produced a single, unified framework applicable to virtually all judicial recruitment, which will also align with judicial training and appraisal. Known as the Judicial Skills and Abilities Framework (JSAF), it is the first major change to the system for ten years. Since October last year, all new selection exercises have been making use of the JSAF. The new framework clearly sets out the skills and abilities, which candidates need to demonstrate – with evidence and examples – throughout the selection process. The JAC presents the framework under five main headings – plus a sixth where a leadership role is involved – to enable applicants to demonstrate the range of skills and abilities required to carry out a judicial role successfully.
Previously, the required competencies were grouped into five areas: exercising judgement; possessing and building knowledge; assimilating and clarifying information; working and communicating with others; and managing work efficiently. Each title covered between four and five sub-headings and applicants were encouraged to demonstrate compliance with the competency areas as a whole, not necessarily against each bullet point individually. Evidence could be sourced from a range of experiences, mainly work-related but also from outside activities which demonstrated the required competencies.
For all post-October 2025 judicial selection exercises, the JSAF applies, with skills and abilities listed under: legal skills; dealing with information; communication skills; personal qualities; and effective working. Legal skills covers knowledge, intellectual and analytical ability; a willingness to invest time in developing skills and knowledge appropriate to the role, as well as a flexible approach in relation to unfamiliar or developing areas; and a clear understanding of what is required for a fair hearing. Dealing with information covers an ability to assimilate and organise pertinent information quickly and identify clearly relevant issues of fact and law for decision; clearly reasoned and concise decisions accompanied by sound judgement. Communication skills includes effective listening skills as well as clear oral and written skills, in language appropriate to the forum and circumstances; and an appropriate, authoritative approach which inspires respect and confidence, while ensuring proper participation and fairness, with an efficient use of judicial resources. Personal qualities require adherence to the Bangalore Principles of independence, impartiality, integrity, propriety and equality of treatment; resilience and calmness in challenging situations; open-mindedness, self-awareness and a practical common-sense approach to problem-solving. Effective working demands diligence, efficiency and good prioritisation; a collegiate approach to teamwork; an inclusive approach to those with differences from themselves; and a willingness to challenge inappropriate behaviour of others.
Leadership roles require eight additional abilities and behaviours. In addition to building and maintaining an effective judicial team, prospective leaders need to be able to lead by example and motivate others to perform at their best, and work collaboratively with proper regard for the wellbeing of others, as well as ensuring an inclusive culture for everyone, regardless of background. The full JSAF is available on the JAC website.
In addition to the JSAF, the JAC website provides resources for judicial candidates and guidance on how to prepare your skills and abilities examples, in the context of the new framework.
Past experience tells us that demonstrating actual and potential skills and abilities necessary for the judicial role, does not always come easily to many barristers. Modesty has sometimes rendered some members of the Bar reluctant to engage fully with the process. Competency-based assessment is not about your opinion of your own skills and abilities – but rather a demonstration of what you have done and how you do it. Identifying strong examples to include in your self-assessment and to articulate later at interview is critical.
In the JAC’s new guidance material, positive and negative indicators of each element in the JSAF are provided to help applicants in developing their examples to best effect. This 19-page document, set out in three columns, helpfully features each competency and bullet point; explains the particular meaning in column two; and in the third column offers by way of positive and negative indicators, how the skill and ability might – or might not – be demonstrated. The JAC suggests candidates think carefully about each element of the framework, alongside consideration of their best skills and abilities examples. While you do not need to address every single point within each element of the framework, you are encouraged to focus on most of them, clearly explaining the actions that you took and the outcome of your actions.
You will also do well to alert your independent assessors to the changes in the new JSAF, so that they can consider any changes to their assessment as part of the particular exercise. Many of your existing skills and abilities are likely still to be relevant under the JSAF – but the JAC advises you to review them against the framework criteria and revise or amend as necessary. This new guidance from the JAC is invaluable and I would encourage anyone considering participating in a judicial appointment selection exercise to read it.
JAC introduction to the new JSAF
JAC 19-page guidance for candidates on demonstrating new JSAF skills for legal roles
Courts and Tribunals Judiciary guidance on the new JSAF
‘The updated Framework reflects the skills required of the modern judiciary, and we encourage all current and aspiring members of the judiciary to read it.’ Baroness Carr, Lady Chief Justice and Sir Keith Lindblom, Senior President of Tribunals
In October last year the JAC published an external review on neuroinclusive judicial recruitment. Independent research provided 17 recommendations to enhance JAC selection processes in supporting neurodivergent candidates.
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