The judiciary are responsible for interpreting the law, applying legislation and ensuring everyone is treated fairly under the law. But many don’t know how judges are actually selected, or who qualifies for these vital and prestigious roles. This blog explores the judiciary in England and Wales, including who they are, who selects them and how.
Written in partnership with the Judicial Appointments Commission (JAC). Published 31 March 2026.
What is the judiciary?
When you hear the word ‘judiciary’ you’ll most likely picture a judge in a wig and gown presiding over a criminal court room. While this might be true in some circumstances, the judiciary encompasses a lot more than that.
The judiciary conducts cases in different types of courts and tribunals across the country, with each focusing on different areas of law. Judicial roles vary greatly, but they all embody the same central principles: independence, impartiality and integrity.
As of April 2025, there were 3,578 court judges and 1,716 tribunal judges in England and Wales, with an additional 3,069 non-legal members of tribunals.
Court judges
The courts judiciary includes judges of the Criminal, Civil and Family courts, as well as those that sit in the High Court, Court of Appeal and the Supreme Court.
Tribunal judges
Tribunal judges sit in a wide variety of tribunals and cover a range of areas affecting day-to-day life. Most sit in the First-tier Tribunal or Upper Tribunal, which are split into several chambers, such as the Tax and Chancery Chamber, the Immigration and Asylum Chamber and the Property Chamber. There is also the Employment Tribunal, Employment Appeal Tribunal and a range of tribunals set up by the Welsh Government and other government departments. It’s also worth noting that tribunals are often less formal than traditional courts.
Non-legal tribunal members
Non-legal tribunal members sit on a panel alongside a judge and in some cases, another non-legal member. Non-legal members offer advice on their specialist area of knowledge and participate fully in the decision making after the hearing has concluded, including contributing to the drafting of the decision.
Examples of non-legal tribunal members include chartered surveyors, medical practitioners, social workers and specialists in areas such as health and social care, education and more.
Coroners
Coroners are specialist judges who investigate certain kinds of deaths. While they are part of the judiciary, coroners are appointed by local authorities.
Who can become a member of the judiciary?
As there are a lot of different judicial roles, the eligibility criteria to become a member of the judiciary varies a lot, especially when you consider the range of non-legal tribunal member roles.
However, for legal roles, the eligibility is typically a combination of the following.
Citizenship
Judicial office holders are required to be a citizen of the UK, the Republic of Ireland, or a Commonwealth nation at the point when they apply for their role.
Legal qualifications
All legal roles in the judiciary are generally open to solicitors and barristers qualified in England and Wales. Some roles are also open to Fellows of the Chartered Institute of Legal Executives, known as CILEx.
Post-qualification experience
Depending on the role, candidates for legal roles in the judiciary are expected to have at least five or seven years of post-qualification experience (PQE). PQE is a term used to described law-related activities carried out whilst a legal professional holds a specific qualification.
PQE can be paid or unpaid and full or part time, but must make up a minimum of 20% of the applicant’s time in any given year to count towards PQE. The experience also has to be in the relevant jurisdiction (typically in the UK or in England and Wales specifically, depending on the role).
Any of the following could count towards PQE:
- Carrying out of judicial functions of any court or tribunal.
- Acting as an arbitrator.
- Practice or employment as a lawyer.
- Advising on the application of the law.
- Assisting persons involved in proceedings for the resolution of issues arising under the law.
- Acting as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings.
- Drafting documents intended to affect a person’s rights or obligations.
- Teaching or researching law.
- Any activity that is broadly similar in nature to those listed above.
Previous Judicial Experience
For most salaried judicial roles, applicants are required to have a specific number of days of previous judicial experience. Usually there is a 30-day requirement, but this isn’t always the case. However many days are specified, it’s important to note only completed sitting days count, with training and sick days excluded from the total.
Previous judicial experience can include days sitting as a judge or coroner, but can also include sitting in a similar role, such as the chair of an equivalent body where legal qualification is required. These bodies are sometimes referred to as ‘quasi-judicial’ and include, but are not limited to:
- Chair of a statutory inquiry.
- Disciplinary tribunals and conduct hearings for professional standards bodies.
- Parole boards.
Welsh speaking requirements
Some posts in Wales have Welsh speaking requirements, with different roles requiring different levels of proficiency.
Non-statutory eligibility
For some roles candidates will need to display specific knowledge or experience in addition to the standard criteria. For example, they may need a certain number of years’ experience in a specific area of law (such as property law) or understand how the law differs in Wales.
Who chooses the judiciary?
In England and Wales, the independent Judicial Appointments Commission (JAC) selects candidates for most judicial roles. The JAC was established in 2006 following changes set out in the Constitutional Reform Act 2005. It has a legal duty to select candidates solely on merit and of good character, and to have regard to the need to encourage diversity in judicial appointments.
The JAC offers support for applicants from groups underrepresented in the judiciary – women, people from an ethnic minority background, people with disabilities and solicitors. This support includes the Targeted Outreach programme.
How does the selection process work?
The JAC is overseen by a board of commissioners, including a chair, who come from a range of legal and non-legal backgrounds. The selection process varies depending on the role. For legally qualified roles in England and Wales, candidates can normally expect the following stages.
Stage one – Application
Candidates complete an online application, which includes a self-assessment, providing evidence of skills and abilities required for the role they’re applying for.
Stage two – Shortlisting
After applications have closed, the JAC carries out a name-blind sift to shortlist candidates. This is a process where applications are assessed against the skills and abilities in the job advert, without the JAC having access to any identifying details about the candidates.
In some cases - usually for fee-paid roles with a lot of vacancies - shortlisting is carried out through an online test.
Stage three – Selection day
Shortlisted candidates are invited to attend a selection day. Assessments on selection days can take several forms, and candidates will be notified ahead of time of which method will be used. Assessments can include:
- Role play.
- Skills and abilities interview.
- Situational questions.
- Strategic leadership questions for leadership roles.
After selection day
The JAC carries out character checks before considering who to recommend for a role at regular Selection and Character Committee meetings. The committee consider each candidate’s character declarations and any issues identified through third-party checks. Potential issues could include criminal convictions and cautions, financial matters, findings of professional conduct proceedings, adverse findings in civil proceedings and other issues outlined in the JAC’s Good Character Guidance.
The Selection and Character Committee then considers each candidate in order of merit and recommends candidates for appointment, usually to the Lady Chief Justice, Senior President of Tribunals or the Lord Chancellor, who will confirm whether they accept their recommendations.
Once the JAC receive confirmation that the recommendations have been accepted, they email all candidates with the outcome of the exercise. Candidate details are then handed over to Judicial Office, who provide training and deploy successful candidates into their new roles.
If you’d like to learn more about the roles that make up the judiciary, there’s plenty of information on the Courts and Tribunals Judiciary website. For more about the judicial appointments process in England and Wales, you can refer to the JAC.
