Page 25 - Judicial Diversity Update report

old and after 8.2 years in their previous judicial role, women were on average
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58 years old, having spent 6.5 years in their previous role.

2.14. It is worth noting that the vacancy announcements for the Court of Appeal did
not require prior sitting experience in the High Court, although all the judges
appointed were promoted from the High Court.

2.15. With the Court of Appeal serving as the default pool for English and Welsh
appointments to the Supreme Court (only two Justices ever having been
appointed without serving first in the Court of Appeal), the low number of
women serving on this court limits the pool of potential women to be appointed
to the UK’s highest court.

The Supreme Court

2.16. As already noted, Lady Hale was joined by two other women Justices in the
Supreme Court, meeting JUSTICE’s 2017 target of three women on the
Supreme Court by 2019. That said, the 2019 appointment round of three new
Justices – including one to replace Lady Hale – saw no women appointed.
From January 2020, the Supreme Court will be back down to two women
Justices. In 2022, when Lady Arden leaves the Court, there is a risk of further
regression in numbers. Our Working Party’s target of four female Justices by
the end of 2022 will be impossible to meet, even if Lady Arden and Lord
Justice Lloyd Jones are both replaced by women. The next two vacancies – to
replace Lords Kerr and Hodge – will likely arise in 2023.

2.17. Like the Court of Appeal, the Supreme Court vacancy announcements over the
last three years have not been limited to those already sitting in the courts
immediately below. In 2017 and 2018 all appointments were from the Court
of Appeal. Though the summer of 2019 saw an appointment from outside the
Court of Appeal, this appointment will not assist the gender balance of the
Court.
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46 The differences between men and women were statistically significant for both variables.
47 We recognise, of course, that the eligible pool will vary depending on the exercise and that it is not
the entire profession that is eligible to apply to the Supreme Court.
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