APPENDIX 7
Supplementary memorandum submitted by
The Magistrates Association
Further comments on the Courts Bill for the Committee
on the Lord Chancellor's Department.
CLAUSE 10
We would suggest that there is a requirement
for the Lord Chancellor to publish an annual report to include
information reporting the optimum number of lay magistrates to
be assigned to each local area.
CLAUSE 15
There is an opportunity to put Bench Training
and Development Committees on a statutory footing and require
them to monitor the training and appraisal of justices. At present
they exist but there are no rules attached to them. As a result
there is not a consistent approach that is easily recognisable
from one area to another.
CLAUSES 17
Consultation with the Justices of a local area
before making recommendations regarding the appointment or deployment
of district judges should be part of good a good working relationship.
Where information and reasons are given the foundation is laid
for an effective working partnership between the Justices and
their district judge colleagues.
CLAUSE 22
The relationship between the Justice' Clerk
and the Justices is unique. S/he provides independent legal advice
either directly to a bench of three Justices or indirectly by
leading the team of legal advisors. S/he has a special relationship
with the bench as a whole, advising on legal matters at bench
and other meetings. The chairman and deputy chairmen of the local
justice area should be consulted before any steps are taken to
remove a JC from office.
Likewise they should be consulted on the appointment
of a JC for that area.
CLAUSE 25
This clause covers the places, dates, and times
of sittings. It is important that courts are accessible to court
users. This is a significant problem now in areas where there
is extremely limited public transport. Valuable police resources
are wasted executing warrants to bring defendants to court.
March 2003
| 
