Diversity Strategy

The JAC places diversity at the heart of all that it does. We have a three pronged strategy:

The JAC's diversity strategy

1. Fair and non-discriminatory selection processes

Selection based on qualities and abilities to determine merit. These qualities and abilities test judgecraft as opposed to advocacy.

Equality proofing - selection material is checked  by equality and diversity experts from the Bar Council and the Law Society, and when relevant from the Institute of Legal Executives, to ensure there is no discrimination.

Diversity monitoring - we take formal stock of progress during each selection exercise: after applications are received; after shortlisting; and after the selection day. We have developed data on the "eligible pool" and benchmark our performance against that for each exercise. Selection exercise results that include a breakdown by different groups are published for each exercise.

Qualifying tests - we adopted qualifying tests as our preferred shortlisting method for exercises up to and including the Circuit Bench. This is fairer and more objective/evidence-based than the alternative of paper sifts based on self-assessments and references.

References - candidates are normally asked to nominate up to three referees of their own.

Single Equality Scheme - the Disability Discrimination Act 1995 (Amended 2005), the Race Relations (Amendment) Act 2000, and the Equality Act 2006 create equality duties for all listed public authorities, in carrying out any of their functions. These include requirements to:

  • Eliminate unlawful discrimination and harassment
  • Promote equality of opportunity
  • Promote good relations / attitudes between people of different racial groups; with and without disabilities; of both genders.

Public authorities are also bound by specific duties, such as publishing a scheme setting out how they will meet the general duty, completing equalities impact assessments for all activities and monitoring data and results.

The JAC's Single Equality Scheme sets out in one document our commitment to discharge these duties and to promote equality of opportunity and to eliminate discrimination. The action plan outlines how the Scheme will be delivered over the next three years, with an annual review to assess our progress.

Our Scheme is designed to provide a coherent framework to place equality and diversity at the heart of what we do, so that our policies and practices are fully inclusive, eliminate discrimination, promote equality, and embrace diversity in all aspects of our work.

2. Advertising and outreach - awareness raising and busting myths

Targeted outreach - The JAC organises seminars and events for anyone interested in finding out more about judicial opportunities, the selection process and to encourage a wider range of applicants. Many of these events are organsied in partnership with other organisations representing currently under-represented groups within the judiciary. 

Awareness raising -  Our email newsletter Judging Your Future provides information on current and forthcoming selection exercises, our outreach activity and information on the seleciton process.

Advertising - we advertise in the national press, specialist publications, and online.

3. Working with others to breaking down barriers outside the JAC's control

Barriers - there are a number of barriers to entry to the judiciary that restrict efforts to encourage diversity. These are often out of the JAC's control:

  • Non-statutory eligibility criteria, such as the Lord Chancellor's expectation that candidates to salaried posts will normally have fee paid experience, can prove restrictive. The JAC challenges these where possible.

  • Structural barriers, such as the lack of availability of part-time working, are an obstacle to increasing diversity. The JAC has highlighted the need for salaried part-time working to the Lord Chancellor.

  • The Lord Chancellor places restrictions on the number of Government lawyers (CPS, GLS etc.) - which represent a diverse pool in their own right - that the JAC may select for certain exercises.

  • The pool of candidates available for selection is limited, as the legal profession lacks diversity. For example, only around 19.6 % of partners in the top 100 UK firms are women and of the practising Bar only 11% are from ethnic minorities.

JAC Diversity Forum - The JAC Diversity Forum brings together those organisations in a position to change institutional practices e.g. the Bar Council, the Law Society, the Institute of Legal Executives, the Attorney General's Office, the Ministry of Justice and the Judicial Office to identify areas for collective action on encouraging diversity. The Forum has worked to identify areas where collective action can be taken and has sharpened our focus. The Forum has identified key actions needed to improve diversity and each member has agreed to lead in taking forward individual actions. 

Trilateral Strategy - The JAC works in partnership with the Ministry of Justice and the judiciary under the Trilateral Judicial Diversity Strategy. The Strategy was signed by the Lord Chancellor, the Lord Chief Justice and the Chairman of the JAC in May 2006 and has four strands. The JAC is responsible for strands two and three; to encourage a wider range of candidates, so as to ensure the widest possible choice of candidates for selection; and to promote diversity through fair and open processes for selection to judicial office solely on merit.

Major barrier to JAC widening the pool - we rely on the diversity within the legal professions. This means that the "eligible pool" for most exercises is restricted. As mentioned eligibility for exercises is restricted, hence the importance of highlighting structural barriers and working with others to remove them.

The JAC is currently developing equality and diversity objectives in line with the Equality Act 2010.  Once finalised, the document, which will outline our objectives and how we intend to measure them for the next three years, will be available to view on the JAC website.