Appointment process of a Supreme Judge

1. Applicants need to have held a position for at least 2 years in the High Court Judges or Court of Appeal Judges in the UK.

2. They also need to satisfy the judicial-appointment eligibility condition for 15 years by being a solicitor of the senior courts of England and Wales, or barrister in England and Wales, for at least 15 years; and they need law experience.

3. A person qualifies if they are a supporter in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

4. The Lord Chancellor sends a letter to the President of the Court who chairs the selection commission. Nominations are made by the Chairman of the relevant Commission/Board. A report from February 2010, recommends reducing the number of serving Judges involved in a selection panel, and ensuring a gender mix, and, where possible, an ethnic mix.

5. In practice each selection commission determines its own process. But the Act does prescribe a set of people who must be consulted by the selection commission.

6. In addition the selection commission has to consult: the Lord Chancellor, the First Minister in Scotland, the First Minister in Wales and the Secretary of State for Northern Ireland. This requirement is designed to ensure that there is continued representation from both Scotland and Northern Ireland.

7. The support for the selection commission is provided by the Chief Executive of the Supreme Court. The Lord Chancellor is under a legal duty to consult the senior judges, any other judge who has been consulted, the First Minister in Scotland, the First Minister in Wales and the Secretary of State for Northern Ireland. In closely defined circumstances he can invite a reconsideration or he can reject a candidate. But if he does either of those he must give reasons.

8. Following the consultations above, if the Lord Chancellor is satisfied with the recommendation made by the selection commission, he forwards the person’s name to the Prime Minister who, in turn, sends the recommendation the Queen who makes the formal appointment.