I’m not saying that fast drivers make bad judges but I am warmly comforted by the fact that the consequences of judges driving too fast are the same for them as it is for the likes of us. One of the reasons why British justice is rightly applauded as among the best in the world is the simple notion of fairness. Indeed in all of the criminal courts in the land and at every single level, ‘Rule 1’ is for justice to be delivered fairly and justly, without fear or favour. A part-time judge recently convicted of attempting to pervert the course of justice will pronounce that no one is above the law. A wealthy publicist recently convicted of historic indecent assault will publicise the fact that it is good citizenship and not money that buys freedom in British society. And a prominent politician who felt that his penalty points could be passed to his wife with impunity will unhesitatingly confirm that British courts dispense justice without either fear or favour.
Recently a solicitor with 7 penalty points lost a legal challenge against refusal to appoint him as a District Judge. The Judicial Appointments Commission had ruled that he was ‘not of good character’ and the basis of his challenge was that 7 points did not mean that he was of ‘bad character.’ I agree. Virtually the whole population would be of bad character if we only looked at how many penalty points they had amassed over the last 4 years! Indeed I’ve had 9 points for most of the last 10 years, not because I drive fast but because I drive the same speed of 40 mph almost everywhere I go! However, by making the legal challenge I think that the solicitor has missed the point. The Guidelines given to the JAC clearly state that candidates with more than 6 penalty points will ‘not usually be appointed.’ Whether or not it is thought that this particular Guideline is misconceived, I dont see how the JAC can be criticised for applying it robustly. We’d soon be bitterly complaining if they simply ignored the Guidelines! Maybe this ‘brilliant judicial candidate’ should simply reapply when he has 6 points or less. After all how could confidence be inspired that he would apply the law without fear or favour if we dont believe that this principle applies to him as well as to us?
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