Shrieval Recommendation Process
Prior to the commencement of each round of shrieval appointments, the Board is informed by the Scottish Government in consultation with the Judicial Office as to the number of anticipated vacancies which will require to be filled during an agreed period, which usually varies between 12 and 18 months.
At the conclusion of each shrieval appointment round the Board identifies all the applicants whom it has assessed as being suitable to be recommended for appointment to shrieval office. Out of this number the Board then creates a pool which will contain sufficient names to fill the vacancies anticipated during the agreed period.
In each shrieval appointment round the Board ranks all of the candidates. In appointment rounds to date, the Board has identified more candidates as being suitable for recommendation than there had been anticipated vacancies. As a result not all appointable candidates have been included in the pool. In the event that the actual number of vacancies during the agreed period should exceed the number of candidates in the pool, or one or more individuals in the pool decline to be recommended for appointment, the Board may subsequently recommend candidates who were deemed to be appointable but had not been placed in the pool simply on the basis of the estimated number of vacancies.
It should be noted that the names of the candidates in the pool are known only to the individuals concerned and to the Board. They are not disclosed to any other person or body including the Scottish Government, the Lord President or the Sheriffs Principal. Only when a request for appointment is received from Scottish Ministers is an individual applicant’s name forwarded to the Scottish Government.
What happens next?
On receipt of a request from the Scottish Ministers to recommend an individual for a particular vacancy, the Board will identify an applicant from the pool. As a general rule, candidates are recommended in rank order, but account may be taken of information provided to the Board by the Scottish Government concerning the particular requirements of the vacancy, and of any relevant information gained during the application process. The individual identified will be asked if he or she would accept appointment to the vacant office if offered. On receipt of written confirmation from the applicant that he or she would accept such an offer, the Board will submit its recommendation to the First Minister. The decision on selection from the pool for recommendation rests with the Board alone. It is only at this point that the name of any candidate recommended is disclosed to the Scottish Government.
If that individual indicates that he or she would not accept appointment to the vacant office, his or her name will remain in the pool, and together with other members of the pool, will be considered by the Board for recommendation for appointment to further vacancies as they arise. The Board is unable to guarantee that he or she will be recommended for the next or any subsequent vacancy.
It is the Board’s intention that all applicants who are placed in the pool will be offered at least one opportunity of being recommended for appointment before drawing on any subsequent pool which may be selected. An applicant who has declined an offer of recommendation and has not been appointed when the life of the pool expires will require to reapply for appointment in the next appointment round.
What happens when the First Minister receives a recommendation?
When the Board has made a recommendation of an individual for appointment to the Scottish Government, the Government undertakes a number of further steps before the First Minister makes the final decision to recommend an individual for appointment. These steps include: statutory consultation with the Lord President who is understood to consult the relevant Sheriff Principal; liaising with the Judicial Studies Committee and arranging a Royal Warrant. The timescales for all of this may vary but in general terms can take a number of weeks to complete.
Successful applicants will be informed by the Scottish Government Justice Directorate officials, in strictest confidence that their name is going forward to the Palace, and an announcement will be made only after Her Majesty has signed the Royal Warrant of Appointment.
It should be stressed that, once the Board submits its recommendation to the First Minister, the period during which consultation with the Lord President takes place and the formal announcement of any subsequent appointment is a matter for the Scottish Government and can vary according to circumstances.
Vacancies
View details of current and forthcoming appointment rounds. Find out more.