Equal Merit Provision implemented
A woman applying to be a judge may be chosen over a man where both candidates are of equal merit, under new Judicial Appointments Commission (JAC) policy.
The policy implements the Equal Merit Provision, introduced by the Crime and Courts Act 2013 amendment to the Constitutional Reform Act 2005. It will apply, from 1 July, at the final stage of the decision-making process, where there is clear under-representation on the basis of race or gender.
JAC chair Christopher Stephens says: “The provision gives the JAC another tool to use in continuing to improve the diversity of the judiciary. It will not solve the issue of increasing diversity on its own. However, it could make a positive contribution alongside the other efforts of the JAC, the legal profession, government and the judiciary.”
