Annex B
TRUANCY
This letter was written after consultation with the
Senior District Judge (Magistrates' Courts). The issue resulted
from the introduction by the DfES of a new fast track procedure
to bring prosecutions for truancy, which was expected to increase
the workload of the courts. The assistance of a District Judge
was offered "if it were considered appropriate." The
DCA and the Justices' Clerks Society were both represented on
a working group considering these initiative.
"OPERATION PAYBACK"
The "Operation Payback" planning document
was in no way intended to interfere with due legal process. It
was intended as a guidance framework for Magistrates' Courts committees
to assist with their local planning. The document suggested that
a Bench representative and legal advisor be present at a "confirmation"
meeting 24 hours before the event. This meeting was primarly a
communications meeting to ensure that those in the court were
aware that the initiative was taking place and therefore aware
of any subsequent increase in business that might occur. When
DCA was made aware of concerns by both the Justices' Clerks Society
and the Senior Presiding Judge, these were addressed.
TRANSFER OF
FINE ORDERS
The Justices' Clerks Society was one of several stakeholders
to whom the draft document was circulated in order to safeguard
against administrative or legal inaccuracies. A number of these
stakeholders, in addition to the Justices' Clerks Society, raised
concerns that the document needed to be more explicit that the
decision to transfer a fine was a judicial one, and the document
was duly amended to clarify this.
UNDER 14'S
ATTENDENCE AT
COURT
The guidance contained in the letter had been provided
by the Justices' Clerks Society itself in response to a complaint
received by Christopher Leslie MP concerning a school visit to
a Magistrates' Court that had not been handled well by court staff.
Following a request for clarification to the guidance given in
that letter, the Society has considered the matter further and
provided the DCA with advice which will be issued shortly.
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