Explanatory Notes

Crime and Courts Act 2013

2013 CHAPTER 22

25 April 2013

Background

Part 2: Courts and Justice

Section 20: Judicial appointments

29.The Constitutional Reform Act 2005 (“the CRA”) made a number of substantial changes to the process for selecting and appointing various judicial office holders within the United Kingdom. Part 4 of the CRA, which established the Judicial Appointments Commission, governs the selection process for appointing judicial office holders to the courts in England and Wales, together with appointments to specified tribunals in the United Kingdom. The Supreme Court of the United Kingdom was also established by section 23 of the CRA. A separate process for selecting and appointing the President, Deputy President and judges of the UK Supreme Court is governed by Part 3 of the CRA.

30.In November 2011, the Ministry of Justice published a consultation document entitled Appointments and Diversity: A Judiciary for the 21st Century (CP19/2011)(13). The consultation sought views on legislative changes to achieve the proper balance between executive, judicial and independent responsibilities and to improve clarity, transparency and openness in the judicial appointments process. In addition the consultation also sought views on creating a more diverse judiciary that is reflective of society. The Government published its response to the consultation on 11 May 2012(14). Section 20 of, and Schedule 13 to, the Act give effect to the aims outlined above.