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GAZETTE
JULY 1994
recorded and maintained in written
form. The Lord Chancellor indicated
that these comments would continue to
play an important role in informing the
Lord Chancellor's decisions.
Jurisdiction of the Circuit Judge
In relation to the Circuit Judge, the
Crown Court has exclusive jurisdiction
in trials on indictment. In the County
Courts the jurisdiction of the Circuit
Judge is entirely statutory and covers
almost the whole field of civil and
family law. The general jurisdiction in
civil law is mostly concurrent with that
of the High Court. A Circuit Judge may
also be invited to sit as a judge of the
High Court to provide flexibility and
disposal of High Court business. Where
a Circuit Judge sits in the High Court he
or she possesses all the powers of a
High Court judge.
Solicitors and barristers are entitled to
be appointed as a Circuit Judge.
Normally applicants will be considered
for appointment only if aged between
45 and 60. However, in exceptional
circumstances those age limits may be
relaxed at the Lord Chancellor's
discretion, e.g. where an otherwise well-
qualified candidate had a career break or
started his/her career later than was
usual. Applicants should be persons
who conducted themselves at all times,
both in their professional and personal
lives, in a manner which would
maintain public confidence in the
standards of the judiciary.
Jurisdiction of the District
Judge
In the County Courts, District Judges
have general power to try any action
where the amount claimed does not
exceed £5,000.00. When trying such
actions, they have all the powers of the
Court, including those relating to
injunctions and specific performance
but have only limited powers to deal
with contempt of court. When assessing
damages, the jurisdiction of the District
Judge is unlimited. About 80% of
County Courts have jurisdiction in
insolvency matters and the District
Judges sitting at these Courts exercise
all the powers of the Bankruptcy
Registrars of the Supreme Court in
dealing with personal insolvency.
All District Judges at County Courts
with divorce jurisdiction have juris-
diction in private law family matters.
This includes divorce and giving
directions for a range of orders concern-
ing the child's upbringing both after
divorce and in free-standing applica-
tions. District Judges have unlimited
jurisdiction to deal with all questions
relating to property and spousal
maintenance pending and after divorce.
The jurisdiction of the District Judge in
High Court Queen's Bench proceedings
covers all interlocutory matters
including interrogatories, discovery and
amendment and particularisation of
pleadings. In the context of High Court
jurisdiction, they have power to make
final assessment of damages without
any monetary limit.
Specific Selection Criteria
The Lord Chancellor will recommend
for appointment to each judicial office
the candidate who appears to him to be
qualified, regardless of ethnic origin,
gender, marital status, sexual orienta-
tion, political affiliation, religion, or
(subject to the physical requirements of
the office) disability, by reference to the
following criteria.
The Lord Chancellor will have regard to
the comments (which are given to him in
confidence) received from judges and
members of the profession who have
been consulted about the individual's
qualities and suitability for appointment.
Applicants will have demonstrated poss-
ession of the following skills and attrib-
utes in their professional careers and in
their service in part-time judicial office.
A. Legal Knowledge and Experience
Successful candidates will have
attained:
• a high level of professional
achievement in the areas of law in
which they have been engaged whilst
in professional practice;
• a comprehensive knowledge and
understanding of criminal, civil or
family law as appropriate for the
jurisdiction(s) to be exercised on first
appointment;
• a comprehensive knowledge of the
rules of evidence and of court practice
and procedure.
B. Skills and Abilities
Successful candidates will have:
/. Intellectual and Analytical Ability
• the ability to concentrate for long
periods of time, and to understand
and assimilate facts and arguments,
and the ability to recall such
evidence and information speedily
and accurately;
• the ability to elicit from all parties
the facts relevant to the issues in
question;
• the ability to apply legal principles
to particular facts and to determine
from a large body of information
those issues and facts which are
relevant and important and those
which are not; and
• the ability to weigh relevant issues
and matters of law in order to be
able to formulate them for reasoned
and coherent presentation to a jury,
if appropriate.
2.
Sound Judgment
• the ability to exercise discretion
effectively; to apply their
knowledge and common sense to
make decisions in compliance with
the law and appropriate to the
circumstances of the matter in
hand; to consider competing
arguments and reason logically to a
correct and balanced conclusion.
3. Decisiveness
• the ability to reach firm conclusions
(often at speed), to think, decide
and act independently of others, and
to rely on their own judgment.
4. Communication skills
• the ability to communicate
effectively with all types of court
user including lay people (whether
defendants, witnesses, members of
a jury, litigants in person or
children), giving instructions,
explaining complex issues and
giving decisions or judgements
clearly and concisely, both orally
and, where necessary, in writing.
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