The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace

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Updated October 2023

This edition of the Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace replaces the edition issued in September 2020.

The document is laid out in 6 parts:

Part 1 – Advisory committees

Part 2 – Eligibility for the magistracy

Part 3 – The selection process for magistrates

Part 4 – Submitting recommendations for appointment

Part 5 – Matters arising after appointment

Part 6 – Reinstatements to the Magistracy 

Advisory Committees must adhere to these Directions and use the materials available in the committee toolkit. It is recognised that the Directions cannot cater for every circumstance that will arise in the course of a committee’s work. Committees should use sensible discretion in dealing with such issues, ensuring they do not deviate from the spirit of the Directions. They should always seek guidance from Magistrates HR at the Judicial Office (details of whom are circulated regularly) about any queries regarding the application of these Directions to a particular issue.

Since commencement of the Crime and Courts Act 2013, the Lord Chief Justice has been responsible in legislation for the appointment of magistrates.  The Lord Chief Justice (in accordance with Schedule 13 of the Act) has delegated his power to appoint magistrates to the Senior Presiding Judge. The Lord Chancellor holds joint responsibility with the Lord Chief Justice for others matters pertaining to magistrates, including disciplinary responsibility.

This document can be accessed below. Hard-copies will only be made available in exceptional circumstances. Any requests for hard-copies, or for copies in alternative formats such as Braille, should be made to the Magistrates HR Team.

Directions for Advisory Committees on Justices of the Peace

Part 1

Lord Chancellor’s Directions for Advisory Committees – Introduction and Part 1 (PDF)

Appendix 1A – HMCTS parameters for recruitment activity (PDF)

Appendix 1B (Part 1) – Advisory Committee application guidance (Word doc)

Appendix 1B (Part 2) – Advisory Committee application form (PDF)

Appendix 1C (Part 1) – Reference for applicant for non-magistrate member referees (PDF)

Appendix 1C (Part 2) – Guidance for referees (PDF)

Appendix 1D – Diversity monitoring form (PDF)

Appendix 1E – Assessment form (Word doc)

Appendix 1F – Appointments confirmatory statement (Word doc)

Appendix 1G – Declaration Register (Word doc)

Appendix 1H – Register of advisory committee members interests (PDF)

Appendix 1I – Template of advertising Advisory Committee vacancies (PDF)

Appendix 1J – Handling complaints against Advisory Committee members, Chairs and Secretaries (PDF)

Part 2

Lord Chancellor’s Directions for Advisory Committees – Part 2 (PDF)

Appendix 2A – Guidance on eligibility for the criminal court (Word doc)

Appendix 2B – Guidance on eligibility for the family court (PDF)

Part 3

Lord Chancellor’s Directions for Advisory Committees – Part 3 (PDF)

Appendix 3A – Guidance for the recruitment of Welsh Language-essential magistrates (PDF)

Appendix 3B – Guidance for referees following an application for appointment as a magistrate (PDF)

Part 4

Lord Chancellor’s Directions for Advisory Committees Part 4 (PDF)

Appendix 4C – Declaration and undertaking form (PDF)

Part 5

Lord Chancellor’s Directions for Advisory Committees – Part 5 (PDF)

Appendix 5A – Application transfer to another local justice area (Word document)

Appendix 5B – Bench chair’s reference for transfer to another local justice area (Word document)

Appendix 5C – Approval or refusal of transfer requests – Bench Chairs Decision (PDF)

Appendix 5D – Transfers and re-appointments checklist for Bench and TDC chairs (Word document)

Appendix 5E – Application to Return from Supplemental List to the Active List (Word document)

Part 6

Lord Chancellor’s Directions for Advisory Committees Part 6 (PDF)

Appendix 6A – Reinstatement application form (PDF)