Appointment of Queen's Counsel in Scotland 2022

Recommendations for nomination

The Lord Justice General has decided to recommend for nomination fourteen of the advocate applicants (nine criminal and five civil) and the two solicitor advocates. The overall success rate of 64% (16/25) is higher than in 2021 (52.4% - 11/21).

Three of the eight female advocates who applied have been successful (37.5%). This is clearly a low percentage in comparison to the success rate for male advocates (73%). However, there are many factors which can influence success rates, and these tend to vary significantly as between application rounds. In 2021, for example, 80% of female advocate applicants were successful (4/5). Care must also be taken in drawing conclusions from these percentages, given the small numbers involved.

Figures collated in the office of the Lord Justice General over the period from 2008 to 2022 show that the average success rate for female applicants over that period (43%) exceeds that for male applicants (35%).

On the basis of the information available to me in the 2022 round of applications and taking account of the figures from past rounds, I am satisfied that there is no obvious bias in the assessment process for or against male or female applicants.

One of the successful applicants has applied previously, as have three of the unsuccessful applicants. Feedback is given by the Lord Justice General to all unsuccessful applicants and includes a level of detail which is intended to be constructive for any candidate who may wish to apply again. In addition, the Lord Justice General has indicated his willingness to meet any applicant who wishes to discuss their application with him.

The Lord Justice General consults with the Dean of the Faculty of Advocates, the President of the Law Society of Scotland and the Lord Advocate before submitting his nominations to the First Minister. Letters to the Dean of the Faculty, President of the Law Society of Scotland and to the Lord Advocate were issued on 29 June 2022. The principal purpose of this final consultation is to ensure that no issues relating to the professional quality of the proposed nominees has been missed in the assessment process. No such issue has been raised.