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Joshua Rozenberg
Wednesday 24th March 2010
Judicial Appointments Commission to be scrapped?

The Ministry of Justice announced today that it would be "delivering" £343 million of savings. So what's for the chop?

There will be savings of £27m by 2012/13, it explained,

by reducing the cost of the Ministry of Justice's arm's-length bodies, including by reducing their number by one third this year, streamlining the Legal Services Commission (and moving it to Executive Agency status), efficiencies from the Youth Justice Board, bringing together Her Majesty's Courts Service and the Tribunals Service into a unified agency, abolishing the 19 Courts Boards, and reviewing the role and operation of the Judicial Appointments Commission (subject to legislative approvals).

A phrase like "reviewing the role and operation" usually means abolishing. So does "streamlining", as in the phrase "streamlining the Legal Services Commission". Does that mean we shall see a return to the days when judges were "tapped on the shoulder" by the Lord Chancellor?

It was both quick and cheap. No need to wait eight months for a new Supreme Court judge. No need to wait until the president of the Family Division has retired before his successor is named. And nobody can say that the present arrangements are any better at getting minorities on the Bench.

But it's too late now. Once you have take a brick out of the constitutional wall, the whole edifice begins to sag and you can never put it back.

 
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David Radlett
March 24th, 2010
5:03 PM
I know that I am just an old contrarian, but the JAC (and indeed the JSB) are just the things to get rid of if cuts are needed. Why should I have any more faith in a selection process managed by a collection of unrepresentative, unelected and unaccountable people with who knows what for an agenda than in an simple recruitment by public advert (apply J.Straw)procedure? I appreciate that "apply J.Straw" is the weak point in the argument, but one does not need a whole JAC to make up for the inadequacies of individual post-holders, and at least the LC is a public figure, vaguely accountable and so forth. As for the JSB, why insist that judges have substantial advocacy experience if they then need nurse-maiding by a collection of unrepresentative, unelected and unaccountable people with who knows what for an agenda? The Sentencing Board could go as well: the chief argument for making sentencing a judicial activity is that it is the trial judge who hears the evidence, assesses the defendant and so on. All of this knowledge counts for nothing if she is then obliged to sentence in accordance with the thoughts of a ..... well, you can guess the rest. Cut them all, and then turn attention to the unbelievably complicated and expensive sentencing process!

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About Joshua Rozenberg

Joshua Rozenberg is an independent legal commentator who presents Law in Action on BBC Radio 4.

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