ABSTRACT

Appointment and tenure The Act of Settlement 1700 laid down the statutory foundation for the appointment of judges. Judges held office quamdiu se bene gesserint (if they were of good behaviour). This gave judges security of tenure and they could be removed only upon address of both Houses of Parliament. However, no English judge has been removed under this procedure. This security of tenure available to the superior judge is not enjoyed by circuit judges or recorders; they can be removed by the Lord Chancellor for misbehaviour or incapacity. From April 1995, posts for circuit judges and district judges must be advertised, applicants being selected by a panel. This move was intended to combat some of the criticisms in respect of the appointment of judges.