
The statutory requirement for legal members is to have such legal experience, as the Lord Chancellor considers suitable. In practice, he will normally consider only persons who hold a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (i.e. a right of audience in any class of proceedings in the county courts or Magistrates' courts).
Applicants must be either a Member or a Fellow of the Royal College of Psychiatrists and have held either a full or a part-time appointment as a consultant psychiatrist for at least three years. They should also be participants in the Royal College of Psychiatrists continuing professional development programme.
In addition, certain nationality requirements apply. The Lord Chancellor may only appoint to judicial office citizens of the:
Holders of dual nationality that includes one of the above may also apply.
There are generally many more well qualified applicants for judicial appointments than there are posts available. The Lord Chancellor therefore seeks to identify and appoint the best of those available and willing to serve at the time. Competition for Mental Health Review Tribunal appointments is strong and many competent applicants will inevitably be disappointed.
In practice, the Lord Chancellor will normally consider only persons who have a well-founded and practical experience of working in the health and welfare fields in either the statutory, voluntary or private sector. The lay member is an essential part of the review process, and the Lord Chancellor is looking for applicants who feel that they have a contribution to make in this vital and sensitive area.