Temporary Judicial Commissioners appointed

The Investigatory Powers Commissioner (IPC), Sir Brian Leveson, has now appointed ten temporary Judicial Commissioners under the Coronavirus Act 2020.

Intelligence agencies, police and other public bodies must have their use of investigatory powers approved by the IPC and the Judicial Commissioners. As the majority of the IPC’s existing Judicial Commissioners are over the age of 70, the current guidelines make it impossible for them to carry out their duties. The appointment of new, temporary Judicial Commissioners will ensure that the necessary authorisation and oversight of the use of investigatory powers is maintained.

The temporary Judicial Commissioners are all serving members of the Court of Appeal or High Court in England and Wales. They are all able to travel to work at IPCO’s secure office and their commitment to IPCO will be balanced with the needs of the courts. They have been appointed for an initial six months, as required under the Act.

With the assistance of the Lord Chief Justice, the Master of the Rolls and the President of the Queen’s Bench Division, Sir Brian Leveson has appointed:

– Lord Justice Bean (David)

–  Lord Justice Holroyde (Timothy)

–  Lady Justice Carr (Sue)

–  Mr Justice Sweeney (Nigel)

–  Mrs Justice Cheema-Grubb (Bobbie)

–  Mrs Justice May (Juliet)

–  Mrs Justice Farbey (Judith)

–  Mrs Justice Steyn (Karen)

–  Mr Justice Jeremy Johnson (Jeremy)

–  Mr Justice Hilliard (Nicholas)

In addition, the Prime Minister has appointed Lord Justice Fulford, the former Investigatory Powers Commissioner, as a Judicial Commissioner to assist during this period.

In order to address the shortage of Judicial Commissioners, the Home Secretary introduced the Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020. This came into force at the end of March, under powers contained in the Coronavirus Act 2020, giving the IPC the ability to make these temporary appointments.

Temporary Judicial Commissioners – biographies

Lord Justice Bean

Sir David Bean was appointed as Queen’s Counsel in 1997 and was the Chairman of the Bar Council of England and Wales in 2002. He was a Recorder of the Crown Court between 1996-2004 and appointed as a High Court judge in 2004. He was promoted to the Court of Appeal in October 2014. From August 2015 to July 2018, he was Chairman of the Law Commission.

Lord Justice Holroyde

Sir Timothy Holroyde was appointed to the Court of Appeal in October 2017. He was called to the Bar in 1977 before being appointed Queen’s Counsel in 1996. He was appointed to the High Court (Queen’s Bench Division) in January 2009 and was the Presiding Judge of the Northern Circuit between 2012 and 2015. Sir Timothy was appointed as a judicial member of the Sentencing Council in 2015.

Lady Justice Carr

Dame Sue Carr, DBE, was called to the bar in 1987. She was appointed Queen’s Counsel in 2003. She has been chairman of the Professional Negligence Bar Association, chairman of the Bar Standard Board’s Complaints Committee, and Complaints Commissioner to the International Criminal Court in the Hague. She was appointed to the High Court (Queen’s Bench Division) in June 2013. Dame Sue became a nominated Judge of the Commercial Court and the Technology and Construction Court in 2014. She was a Presiding Judge of the Midland Circuit and joined the Court of Appeal in April of this year.

Mr Justice Sweeney

Sir Nigel Sweeney was appointed as a High Court Judge in 2008. He was called to the bar in 1976 and appointed as Queen’s Counsel in 2000. He was Junior Prosecuting Counsel to the Crown 1987 to 1991, First Prosecuting Counsel 1991-92, Senior Prosecuting Counsel 1992-97 and First Senior Prosecuting Counsel 1997-2000.

Mrs Justice Cheema-Grubb

Dame Parmjit Kaur “Bobbie” Cheema-Grubb, DBE, was appointed as a judge of the Queen’s Bench Division of the High Court in 2015. She was called to the bar in 1989 and appointed Queen’s Counsel in 2013. She was appointed as a Recorder in 2007. She also served as a Senior Treasury Counsel and was authorised to sit as a deputy High Court judge.

Mrs Justice May

Dame Juliet May was appointed to the High Court (Queen’s Bench Division) in 2015. She was called to the Bar in 1998 and appointed Queen’s Counsel in 2009. She was appointed as a Circuit Judge in 2008 and was approved to sit as a deputy High Court Judge.

Mrs Justice Farbey

Dame Judith Farbey was called to the bar in 1992 and appointed Queen’s Counsel in 2011. She was appointed as a fee-paid Deputy Judge of the Upper Tribunal, Administrative Appeals Chamber in 2014 and as a Recorder in 2016. Mrs Justice Farbey was appointed to the High Court on 1 October 2018 and became President of the Upper Tribunal Administrative Appeals Chamber on 1 January 2019.

Mrs Justice Steyn

Dame Karen Steyn, DBE, was called to the Bar in 1995 and appointed Queen’s Counsel in 2014. She was appointed as a Deputy High Court Judge in 2016 and was appointed to the High Court (Queen’s Bench Division) in October 2019.

Mr Justice Jeremy Johnson

Sir Jeremy Johnson was called to the bar in 1994 and appointed Queen’s Counsel in 2011. He was appointed as a Recorder in 2009 and was authorised to act as a Judge of the High Court to hear cases in the Queen’s Bench Division in 2016 and in the Administrative Court in 2018. Mr Justice Jeremy Johnson was appointed to the High Court (Queen’s Bench Division) in October 2019.

Mr Justice Hilliard

Sir Nicholas Hilliard was called to the Bar in 1981 and appointed as Queen’s Counsel in 2008. He was appointed as a Recorder in 2000, as a Senior Circuit Judge in 2012, as the Common Serjeant in 2013 and as Recorder of London in 2015. Mr Justice Hilliard was appointed to the High Court (Queen’s Bench Division) in November 2019.

[This announcement was updated on Thursday 4 June 2020 to include the appointment of Lord Justice Fulford.]