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Paragraph 88 Appointment of judges and Senior Magistrate

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Chief Justice, the President of the Court of Appeal and the Justices of Appeal shall be appointed by the Governor in pursuance of instructions given by Her Majesty through a Secretary of State.

(2)

No person shall be qualified for appointment as Chief Justice, President of the Court of Appeal or Justice of Appeal unless—

(a)

he or she is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in Ireland, or of a court having jurisdiction in appeals from any such court; or

(b)

he or she is entitled to practise as an advocate in such a court and has been entitled for not less then ten years to practise as an advocate or as a solicitor in such a court.

(3)

For the purpose of subsection (2), a person shall be regarded as entitled to practise as an advocate or, as the case may be, as a solicitor if he or she has been called, enrolled or otherwise admitted as such (and has not subsequently been disbarred or removed from the roll of advocates or, as the case may be, of solicitors) even though—

(a)

he or she holds or acts in any office the holder of which is, by reason of his or her office, precluded from practising in a court; or

(b)

he or she does not hold a practising certificate or has not satisfied any other like condition of his or her being permitted to practise.

(4)

The Senior Magistrate shall be appointed by the Governor, acting in his or her discretion.