Thank you very much for the introduction. I'm really pleased to be here today. I woke up this morning to hear an advert on the radio inviting me to think about becoming a magistrate. But on hearing the key qualities I wasn't sure I would get through the process.
We have seen a great deal of each other in the last 12 months. We organised a conference here in London in March. And, in the last year, I've visited Magistrates Courts up and down the country.
Now, they say that familiarity breeds contempt. I won't risk asking you whether that's true. But, on my part, it's the complete opposite. The more I see of Magistrates' Courts, the more impressed I am by the work they do and the commitment and dedication of the Magistracy.
You will have heard me say many times before that Magistrates Courts deal with 95% of criminal cases. I make no apologies for repeating it here. You are a permanent and critical part of the justice system.
It goes without saying the system couldn't cope without you. But we don't value your work just because you keep the wheels turning.
I see for myself when I visit magistrates courts. You are committed. Tireless. Determined to do something for your community.
You deal with a range of issues - crime, youth, family. All local problems within your communities.
But these are the issues that Magistrates courts have always dealt with.
In another sense, these issues have changed.
As Courts are expected to deal with different problems in different ways, you have responded to these changes.
You have responded to anti-social behaviour; to an increasing number of local authority care cases; and to the problem of persistent young offenders.
All problems, which if left unchecked, will ruin people's lives. Lives of the people before us as well as the lives of those in the communities we serve.
I know what you do isn't easy. You have to train hard to become a magistrate. You have to juggle at least 26 sessions a year with an often busy life. And continuing training imposes more burdens.
More than ever before, the media spotlight is upon you - and it's a media that can be quick to blame when mistakes happen, or even when mistakes don't happen. And it's a media which never has the headline 'Magistrates take sensible decision after a well conducted trial'.
But you are a group of more than 28,000 people - people of real talent and solid dedication - who are doing an absolutely first class job to serve your communities.
I wanted to be here to give you the biggest possible vote of confidence and to thank you for your work. I know it can be difficult. I know it can be frustrating. But don't let the difficulties and the frustrations cloud the importance of what you do. You make a tremendous contribution. Please pass that message back to all the magistrates who are not here today. Thank you very, very much.
Farewell and welcome to Chairman
Let me also say a word in tribute to your departing Chair.
Rachel has served as Chairman for three years. In this time, she charted a course through many changes and challenges: the formation of Her Majesty's Courts Service, the Magistrates National Recruitment Strategy, the Magistrates National Training Initiative and, more recently, Supporting Magistrates to Provide Justice.
Rachel has been a great friend of the Magistracy and has fought tirelessly for your corner. Her contribution will be greatly missed.
Let me also welcome Cindy Barnett who, I am sure, will bring the same energy and commitment to the Chair. I look forward to working with you over the next few years.
I wish you both Cindy and Rachel the very best.
A year of progress
I would like to talk to you today about the past and about the future
Looking back
The past year has been a big year for the courts.
The setting up of Her Majesty's Courts Service marked the culmination of work begun by Lord Justice Auld's report in 2001.
A huge job - uniting 42 different organisations all under one roof - made possible by the co-operation of judges, magistrates and court staff from across the country.
I believe without doubt that our court system is one of the finest in the world. Yes, it can - and must - be improved. But the improvements we make are made on the strongest possible foundations.
For example, HMCS gives us the opportunity to establish a simple, clear and consistent system of authorising family and youth magistrates.
This is about ensuring that magistrates who are interested in family or youth work are supported and informed in their choice, and that the authorisation process is transparent and accountable.
I want to hear your views on how we should do this. I intend to publish a consultation paper on this in the next few days, and I hope that you will all respond with comments, suggestions and - even - criticism if you think we've got it wrong.
And we have seen - and will see - progress in other areas.
We've come along way. And by 'we' I don't mean Government or my Department - I mean everyone who is involved in the courts and in the criminal justice system.
Enforcement
Look at fine enforcement. We've made real progress. Payment rates are up - currently at 81%. Last year, we collected £10 million more than the previous year. This is good news - particularly for people who are awarded compensation.
People need to know that what the court says should happen - does happen. It's vital to build respect for the Courts and confidence in the system.
There's more to be done.
Too many loopholes remain in the system - too many offenders avoid their responsibilities to pay up. The net needs to be tightened around wilful and persistent defaulters - the minority who undermine public confidence in the system.
One in ten offenders still have more than one court fine or summons still outstanding. 13 per cent of offenders account for nearly a third of all the monies still owed.
That's why I announced back in March proposals for a new National Enforcement Service. This is a real warning signal for people who think they can ignore the order of the court.
The Service will ensure a more effective partnership between all criminal justice agencies - this means sharing information, smarter targeting of offenders and more efficient and effective collaboration. It will provide a professional, consistent and effective enforcement regime.
This will be tested in the North West from April next year with a view to implementing nationally from April 2007.
Turning up at court isn't optional, paying a fine isn't a choice. This message is getting out - we need to keep saying it and keep making sure it happens.
Witnesses
And witnesses will be getting a better deal.
By December this year, Witness Liaison Officers will be in every Magistrates' Court, providing both prosecution and defence witnesses with a dedicated point of contact to receive information, support and assistance.
These officers will be supported in their role by recently appointed Area Witness Champions and I have recently announced that we will be investing over £3 million on improving witness facilities at courts over the coming year.
Local areas will be able to use this money to ensure that both Magistrates' and Crown Courts have separate facilities where there currently aren't any and - where there are - improve them further.
Funding will also be provided to every Magistrates' and Crown Court specifically for improving facilities for child witnesses.
By the end of 2008, nine out of ten magistrates' courts will have separate witness facilities for victims and all witnesses. Video links will be in three out of four courts.
And, under 'No Witness, No Justice' there will be 165 Witness Care Units around the country by the end of the year. And Witness Care Officers will help courts to be better informed about the individual needs of witnesses.
These specialist facilities will ensure that what will always be a nerve-wracking experience is as comfortable and as tolerable as possible.
So, by any measure, it's been a year of progress.
Expenses
Of course, we haven't got everything right. In fact we've got some things plain wrong.
Expenses, for example. I'm profoundly sorry there have been problems. I know this is a real inconvenience for many of you.
There were glitches when we implemented our new payments system in April. But we've worked hard to fix them. The system, now, is working effectively.
I appreciate your patience and also the help from the Magistrates' Association in redesigning the expenses claim form. The new form should now be in circulation and the process should be running more smoothly.
Supporting Magistrates
But looking at the overall picture I know there's more to be done. Much more.
This time last year I came to this conference to kick-start an important piece of work.
One year on, the Supporting Magistrates programme has been a great success.
The whole purpose of the Programme was for me to ask you:
And to agree together what we should do about them.
I don't want that to stop. Not today. Not next week. It's the end of the first year not the end of the story.
You - the people who are in the Courts day in, day out - will always have a perspective we need to draw upon. I make no apologies for unashamedly begging, borrowing and stealing your ideas.
This is why I want to meet Magistrates on as many visits as possible. I want to listen to what you have to say and, where we can, put your ideas into practice.
Supporting Magistrates was a big exercise. We contacted Magistrates, District Judges, Local Criminal Justice Boards, Advisory Committees, courts staff. We ran focus groups and interviewed Magistrates and members of the public. All to find out where we can make improvements.
The response was absolutely tremendous - more than 10,000 thoughts, ideas and suggestions.
And this week we have said where, in the White Paper, how and when we will be taking these ideas forward. These are the next steps. Not - I must emphasise - our final steps. But the report, published last Monday turns some of your thoughts into reality.
Recruitment and retention
Whenever I speak to magistrates, there's one issue that crops up time and time again. Whether I'm in Bolton or Brighton, you say we need to do more on recruitment and more on retention.
I agree.
We have done a lot.
We will not in any way reduce the standards required to be a magistrate. But we do need to do more to remove some of the hurdles and make becoming a magistrate a less tricky process.
We need to broaden the pool so that more people think the magistracy is
for them, rather see it as something that 'other people' do.
Being a Magistrate takes commitment. Time. Enthusiasm. Energy. Patience.
But some of the hurdles people have to clear can sap the necessary energy. We need to sort out the things that push people away - the things that make you fed up and lead to you to think: why should I bother?
Sitting requirements
I know it can be difficult to juggle the sitting requirements with your lives 'away' from being a Magistrate. You have families, friends, jobs - I know that sometimes it's hard to 'add on' your duties as a Magistrate particularly as the burdens of continuing training increase.
I want to look at cutting the minimum-sitting requirement for Magistrates. Currently it's 26 half days. I don't want to go too far, but there may be an argument to reduce it so it's easier for people with hectic lives to fulfil their civic duty. I will consult on this shortly.
Time off
I know there can be confusion about what rights employed people have to time off. I know that time off is sometimes refused for the simple reason that neither party - employer or employee - knows what they are entitled to.
This makes it difficult for the individual involved. And difficult for the employer.
I'm grateful to the leading employer representatives such as the CBI, Institute of Directors, Federation of Small Businesses and Business in the Community for working with my Department on this issue.
The Employment Act contains a provision on time off. But employers have told me, and you've told me that it's difficult to interpret which leads to confusion, and in some cases suspicion. There's no clear process for dealing with requests.
We need clarity about how this should be handled and we will bring forward legislation so the law is clearer.
But I want to go further. And faster.
We will:
This is an untapped market: people who come to court, see for themselves that justice isn't a theory but something that is carried out every day by people just like them. We should make it encourage them to apply, no special fast track but encouragement.
These proposals are now agreed Government policy. They have come about as a direct result of the Programme I launched right here twelve months ago.
We've listened and we've acted.
You raised other issues.
'JP'
There is one point that comes across around the country.
The term Justice of the Peace is one that confers this status. Yet, a magistrate
can only use the letters 'JP' after his or her name in the
most limited of circumstances.
You told us this was wrong. We listened. And we agreed.
So: we've relaxed the rules and we've sent round guidance so the position is clear.
'Lay' magistrate
Similarly with the term 'lay' magistrate.
Historically, it meant you don't have to be a lawyer to be a magistrate. But, over time, it's meaning has been lost. It doesn't properly convey the qualities we expect of a modern day magistrate.
You do a hugely professional task. The term doesn't do you justice: so, my Department won't use it anymore, and I hope no-one else will either.
Alternatives to court
You asked us to look at how you spend your time in court.
You asked whether it's the best use of your time and your skills to deal with uncontested, low-level cases.
And the simple answer is, in very many cases it is not.
My view is that there is considerable scope for some criminal matters to be dealt with in ways that do not need a full bench of the Magistrates courts.
What do I have in mind? I am thinking of TV license cases, council tax and some motoring offences. Bring to your minds the afternoon of TV licence cases. Was it productive? Does it require 3 trained magistrates to listen to correspondence?
But this is not about decriminalising. This is not about watering down these offences.
It's the opposite - dealing with them in the most efficient, effective way. And freeing up court time for the difficult, complex cases that do need judicial attention.
Trial in absence
Because courts should be focussing more on these cases and less on the TV licence cases. And focussing on the repeat offenders. Focussing on how the one in eight defendants who fail to attend court can be brought to justice.
Each ineffective trial is £270 down the drain. This is a huge cost to the taxpayer and a complete waste of time for you and the courts.
Court summonses issued by magistrates must be obeyed. Attendance is not an option. People should expect their cases to be heard in their absence when they don't turn up. I am glad to see the numbers of cases going ahead in absence is going up. People should not see not turning up as a way of avoiding justice.
These are all important steps.
Looked at each in isolation and they will make a difference. Both to the people that apply and to the people that are appointed.
Taken together they will help make the Magistracy a more attractive proposition for those thinking about applying and a better deal for those in post.
Last year I made a commitment that we would give magistrates more support.
More help. And more recognition.
One year on - with the steps we have taken this week - we have started to deliver on our promise. It will take time. It will bring change. And we will need to work together.
But I hope, if you'll have me, to see you next year and be able to say again: we value the work you do, we've listened to what you have to say, and - most importantly - we've acted.
Thank you very much.