The Gazette 1994

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 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 lives, in a manner which would maintain public confidence in the standards of the judiciary.

dealing with personal insolvency.

• a comprehensive knowledge of the rules of evidence and of court practice and procedure.

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. 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; Specific Selection Criteria

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. • 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. 4. Communication skills

216