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» Introduction
» How to Respond
» Summary
» A - The Role of the Liaison Judge and Keeper of the Rolls
» B - Payment to Co-opted Members
» C - Length of Service of Co-opted Members
» D - The Composition of Selection Panels in Single Petty Sessions Areas

» Annex A

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Introduction

This paper seeks views on:-

1. the future role of liaison judges and keepers of the rolls at meetings of magistrates' courts committees;
2. payment to co-opted members;
3. length of service of co-opted members; and
4. the size of selection panels in single petty sessions areas

Copies are being sent to:

• Justices' Chief Executives for distribution to the chairman of magistrates' courts committees
• Liaison Judges and Keepers of the Rolls
• Members of the Magistrates' Courts Consultative Council
• HM Treasury
• Council of Circuit Judges

How to respond

If you would like to comment on any aspects of the paper, please send your responses to the following address by 24 November 2000:
Ian Francis
Lord Chancellor's Department
Magistrates' Courts Division
4^th Floor Selborne House
54-60 Victoria Street
London SW1E 6QW
Fax 020 7210 8681 or 0870 739 4160 Email responses can be sent to ifrancis.

Further copies of this paper can be obtained from the above address or by phoning 020 7210 8656.

When responding it would be helpful if you explain who you are and, where relevant, who you represent.

Please ensure that you mark your response clearly if you wish your name or the contents of your response to be kept confidential. Otherwise, your name and the general contents of your response may be made public following a request under the Open Government initiative.

Summary

1. Responses to last year's consultation exercise reviewing The Magistrates' Courts Committees (Constitution) Regulations 1999 indicated that the right of Liaison Judges and Keeper of the Rolls to attend all committee meetings should be reviewed (paragraphs 6 and 7).



2. The Access to Justice Act 1999 (AJA 99) amended sections 28-30 of the Justices of the Peace Act 1997. Primarily these changes removed the limit on the number of co-opted members that may be appointed to a Magistrates' Courts Committee; amended their conditions of appointment; and provides the power for the Lord Chancellor to make regulations which enable MCCs to pay co-opted, or appointed, members (paragraphs 8 and 9).



3. Views are also sought on whether there should be a maximum length of service for a co-opted member. Currently there is no limit to the total length of tenure of service of a co-opted member (paragraphs 10 to 14).



4. Finally, whether we should remove regulation 5(4)(a)(i) of the Magistrates' Courts Committees (Constitution) Regulations 1999 which provides that selection panels may consist of all members of the bench in a single petty sessions area (paragraphs 15 to 17).



5. Responses are invited on a number of questions put throughout the paper. These are reproduced below:

Summary of Questions

1. How does your Liaison Judge or Keeper of the Rolls contribute to the efficient and effective delivery of the service in the area? (paragraphs 6 and 7)



2. Should the Liaison Judges and Keeper of the Rolls:
   1. continue to have a statutory right to attend committee meetings, receive papers or make representations to the committee (as presently set out in Regulation 15 of The Magistrates' Courts Committees (Constitution) Regulations 1999); or
   2. have these statutory rights removed, but with establishment of a practice whereby MCCs maintain close contact with Liaison Judges and the Keeper of the Rolls and extend invitations to meetings, provide papers where requested? (i.e. as set out in the ‘Guidance on the Greater London Magistrates' Courts Authority Constitution Regulations'). Please comment. (paragraphs 6 and 7)


3. Do you agree that no regulations to allow the remuneration of co-opted and appointed members should be made. Please give your reasons. (paragraphs 8 and 9)



4. Should co-opted members continue to be appointed on an annual basis:
   1. and their total length of service remain unspecified;
   2. but with a maximum total length of service kept in line with standard MCC appointment (i.e. nine years);
   3. but with a shorter overall maximum total length of service (for instance three years). (paragraphs 10 to 14)


5. Is four the right number for representatives from a single PSA? (paragraphs 15 to 17)

(NB Regulation 6(1) of The Magistrates' Courts Committees (Constitution) Regulations 1999 provides the Chairman with a casting vote if the votes are equal).

A - The Role of The Liaison Judge and Keeper of the Rolls

Background

6. Regulation 15 of The Magistrates' Courts Committees (Constitution) Regulations 1999 (Annex A) sets out the statutory right of Liaison Judges and the Keeper of the Rolls to attend all meetings of the committee, to receive papers and to make representations to the committee. These Regulations currently apply to all MCCs in England and Wales.



7. Following consultation last year, Ministers decided that London Liaison Judges and Keepers of the Rolls should not be given statutory right of attendance, the right to receive papers, nor the right to make representations to the Greater London Magistrates' Courts Authority (GLMCA). This was on the basis that there had been a limited take-up of these rights in London and little desire to extend these to the GLMCA. However, guidance which accompanied the Regulations states that the GLMCA should still consider whether a Liaison Judge or a Keeper of the Rolls should be invited to attend meetings of the GLMCA, make representations or receive papers (Annex A). It was also apparent that the GLMCA might gain a greater insight by maintaining contact. Ministers also specified that if a London Liaison Judge or Keeper of the Rolls requests papers, they are entitled to receive them unless confidential. This was in line with the views expressed during consultation.

Q1    How does your Liaison Judge or Keeper of the Rolls contribute to the efficient and effective delivery of the service in the area? Q2    Should the Liaison Judges and Keeper of the Rolls: continue to have a statutory right to attend committee meetings, receive papers or make representations to the committee (as presently set out in Regulation 15 of The Magistrates' Courts Committees (Constitution) Regulations 1999); or have these statutory rights removed, but with establishment of a practice whereby MCCs maintain close contact with Liaison Judges and the Keeper of the Rolls and extend invitations to meetings, provide papers where requested? (i.e. as set out in the ‘Guidance on the Greater London Magistrates' Courts Authority Constitution Regulations'). Please comment.

B - Payment to Co-opted Members

Background

8. Section 29 of the Justices of the Peace Act 1997 (as amended by section 82 of the Access to Justice Act 1999) provides power for the Lord Chancellor to make regulations for the remuneration of co-opted and appointed members on MCCs. This provision allows MCCs to attract, and retain, people who are not necessarily magistrates, but who can provide skills which might otherwise be lacking from the Committee's membership. However, there has only been one enquiry to LCD so far about this provision. At the time of writing, seven MCCs have co-opted members. Four of these fall within Greater London. Their service will automatically be terminated when the GLMCA becomes the MCC for London on 1 April 2001.



9. Ministers do not believe the introduction of regulations on the payment to co-opted members, beyond those currently payable to the GLMCA, need to be made at this time. Any regulations would only refer to the payment to co-opted members and those appointed by the Lord Chancellor. They would not apply to all members of the MCC. There is therefore the potential to create a divisive situation where some members would receive payment for their services and some would not. This would particularly hold true in instances where magistrates are co-opted or appointed. However, the GLMCA differs from the national framework in that all members, including co-optees, are paid

Q3    Do you agree that no regulations to allow the remuneration of co-opted and appointed members should be made. Please give your reasons.

C - Length of Service of Co-opted Members

Background

10. Regulation 8(2) of The Magistrates' Courts Committees (Constitution) Regulations 1999 and Regulation 9(2) of The Greater London Magistrates' Courts Authority (Constitution) Regulations 1999 set out that a justice (or member) may not serve on the committee (or Authority) for a period totalling more than nine years (Annex A).



11. As set out in paragraph 8, co-option allows MCCs to seek to appoint members, who need not be magistrates, on the basis that they can bring to bear skills and expertise which might otherwise be lacking from the Committee's membership.



12. At present, there is no statutory limit on the number of times a co-opted member may be appointed to an MCC. Regulation 12(1) of The Magistrates' Courts Committees (Constitution) Regulations 1999 sets out that a co-opted member serves for a period of one year; Regulation 12(2) explains that the committee may seek to renew the co-option at the end of that one year period. The Greater London Magistrates' Courts Authority (Constitution) Regulations 1999 reflect the national framework.



13. Ministers are satisfied that it is right that MCCs should seek re-appointment for co-opted members on an annual basis. However, given that justices or members are subject to limits on their periods of service, it is only right to consider whether a time restriction should apply to co-opted members.



14. There has, at present, been a limited number of MCCs that have applied to co-opt a member. Of these, a few have requested to re-appoint the same person in subsequent years. Ministers wish to ensure that MCCs are carefully considering the composition of their membership. This means that instead of continually seeking to co-opt the same person, the committee should request the selection panel to give consideration to the selection of a justice with similar skills and expertise. Regulation 7(b) of The Magistrates' Courts Committees (Constitution) Regulations 1999 refers to the issues a candidate must set out in writing when applying to be appointed to the committee. This includes ‘written notice of his qualifications, experience, interests and any other matter which might support his candidate including how he meets the selection criteria...'. These issues are considered by the selection panel when selecting members of the MCC.

Q4    Should co-opted members continue to be appointed on an annual basis: and their total length of service remain unspecified; but with a maximum total length of service kept in line with standard MCC appointment (i.e. nine years); but with a shorter overall maximum total length of service (for instance three years).

D - The Composition of Selection Panels in single Petty Sessions Areas

Background

15. Regulation 5(4)(a) of The Magistrates' Courts Committees (Constitution) Regulations 1999 state that in MCC areas consisting of only one PSA, the selection panel may consist of either (i) all members of the bench or (ii) four representatives of the bench. A decision is reached based on the views of the members (Annex A).



16. The Department is aware of logistical problems in the past in areas where the selection panel is made of the whole bench. In addition, the introduction of the Code of Conduct for members of MCCs and selection panels now has the potential to make Regulation 5(4)(a)(i) unwieldy. For instance, the new requirements for all selection panel members to declare financial and other interests would be more time consuming. By 1 April 2001, no MCC area will consist of a single PSA. However, this is no guarantee that such a situation will not arise in the future. The removal of this sub-paragraph would not affect the provision for the constitution of selection panels in single PSAs, just make the size of the selection panel more manageable. It would also mean consistency of the size of selection panels when read with Regulations 5(4)(b) and (c). Panels for single PSA MCCs would consist of four members, MCC areas with two or three PSAs would have two representatives from each bench and MCCs with four or more PSAs would have one representative from each bench.



17. You are therefore asked to consider whether four representatives from a single PSA is sufficient (as set out in Regulation 5(4)(a)(ii) of The Magistrates' Courts Committees (Constitution) Regulations 1999). Regulation 6(1) of The Magistrates' Courts Committees (Constitution) Regulations 1999 already provides that the Chairman has a casting vote in the event that votes are equal in the selection of members of the Committee, but you may consider an odd number of selection panel members would be preferable.

Q5    Is four the right number for representatives from a single PSA? (NB Regulation 6(1) of The Magistrates' Courts Committees (Constitution) Regulations 1999 provides the Chairman with a casting vote if the votes are equal).

Annex A
A - The Role of the Liaison Judge and Keeper of the Rolls

Regulation 15 of The Magistrates' Courts Committees (Constitution) Regulations 1999

Rights of Attendance

The following persons shall be entitled to attend all meetings of the committee, to receive papers and to make representations to the committee -

1. the keeper of the rolls for any area all or part of which falls within the committee area, and



2. Liaison Judges designated as such by the Presiding Judges.

Extract from the "Guidance On The Greater London Magistrates' Courts Authority Constitution Regulations"

Proceedings of the Authority (Regulation 17)

27. This regulation restates the arrangements already in existence under the national framework (see section 30(7) to (10) JPA'97). However, in comparison to the Magistrates' Courts Committees (Constitution) Regulations 1999, the regulations do not go on to provide for a Keeper of the Rolls or for a Liaison Judge to have specific statutory rights of attendance in London. In addition, the regulations fail to make specific provision for a Keeper of the Rolls or a Liaison Judge to receive papers or to make representations to the GLMCA. Even though no statutory provision has been included, the GLMCA is encouraged to consider whether a Keeper of the Rolls or a Liaison Judge should be invited to attend specific meetings of the GLMCA, or receive papers and make representations. Issues may arise on which the GLMCA would gain a greater insight by maintaining contact. Ministers' policy is that where a Keeper of the Rolls or a Liaison Judge asks to receive papers, they are entitled to receive them unless confidential. The GLMCA should therefore comply with any requests.

C - Length of Service of Co-opted Members

Regulation 8(2) of The Magistrates' Courts Committees (Constitution) Regulations 1999

Extract from ‘Committee Membership'

Subject to section 28(3), a justice may not serve as a member of the committee for more than a total of 9 years.


Regulation 9(2) of The Greater London Magistrates' Courts Authority (Constitution) Regulations 1999

Extract from ‘Eligibility for membership of the Authority'

A member shall not serve as a member of the Authority for a period or periods totalling more than nine years.

D - The Composition of Selection Panels in Single Petty Sessions Areas

Regulation 5(4)(a) of The Magistrates' Courts Committees (Constitution) Regulations 1999

Extract from ‘Selection panel'

The selection panel shall consist of -

1. in the case of a committee area containing a single petty sessions area either -
   
   
   1. all the members of the bench, or
   
   
   
   2. four representatives of the bench
   
   as the members think fit;

 

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