What is HMCS?
The new agency, Her Majesty's Courts Service, will administer the work of all of the courts in England and Wales. The work of the courts is divided into different jurisdictions. Magistrates courts oversee criminal and some limited civil work, the crown court deals with serious criminal matters, and the county courts are responsible for the vast majority of civil work. The hearing of family cases is split between the magistrates and county courts.
Under current arrangements, the magistrates courts administer their own work through 42 magistrates courts committees, whilst the crown and county courts are administered by the court service, which is split into 7 regions. The new agency will provide a structure that is flexible to the varied needs of the court jurisdictions, based around local areas that are responsible for the administration of justice in all of the courts within that area.
Why are we undertaking this programme?
Lord Justice Auld stated in his October 2000 review of the criminal courts that "a unified court administration would be the best medium for ensuring a fair, efficient and effective criminal process". The white paper, "justice for all" published in July 2001, accepted Sir Robin's recommendation that the separate systems be integrated into a new executive agency, replacing both the court service and the magistrates' courts committees.
What is the timetable for the launch of the new agency?
The agency will launch in April 2005.
Professor Sir Ronald de Witt has been appointed chief executive designate of the new agency. The appointments for other management positions, area directors and regional directors, have also been made. Courts boards members will be appointed later in 2004.
What is happening now?
We are now in transition to the new organisation. This preparation is necessary to launch an agency of this size. The transition period will allow new managers, area directors and regional directors, to take up their positions and draw up business plans for the first year of the new agency.
Why seven regions?
We believe the seven region structure will best support all the business. The government's starting point for the development of new organisations is that regional boundaries should match the government regions unless there are compelling contrary reasons. We accept, however, that 10 regions is too many given the prospective size of the organisation. We propose, therefore, to link the North East and Yorkshire and the Humber Government regions and to similarly combine the East and West Midlands. The new unified courts administration is designed to reflect the government's commitment to a strong, joined-up agenda for the provision of services.
What does this mean for the court of appeal and the offices and courts of the high court?
We envisage that these courts and offices shall continue to operate as distinct units, in the same way as they do now.
Who will manage the legal advisors and maintain their independence?
The justices' clerk will provide professional leadership to the legal advisor's team in the magistrates' courts. Their key role will still be to provide independent advice to the lay magistracy. The courts act ensures that this remains the case, with Section 29 providing for the independence of justices' clerks.