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

Updated May 2022

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.

It reflects changes to the Lord Chancellor’s Directions due to the COVID-19 pandemic.

The document is laid out in six 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 (opens in new tab)

Appendix 1A – HMCTS parameters for recruitment activity (opens in a new tab)

Appendix 1B (Part 1) – Advisory Committee application guidance (opens in new tab)

Appendix 1B (Part 2) – Advisory Committee application form (opens in a new tab)

Appendix 1C (Part 1) – Reference for applicant for non-magistrate member referees (opens in a new tab)

Appendix 1C (Part 2) – Guidance for referees (opens in a new tab)

Appendix 1D – Diversity monitoring form (opens in a new tab)

Appendix 1E – Assessment Form (opens in a new tab)

Appendix 1F – Appointments confirmatory statement (opens in a new tab)

Appendix 1G – Declaration Register (opens in a new tab)

Appendix 1H – Register of advisory committee members interests (opens in a new tab)

Appendix 1I – Template of advertising Advisory Committee vacancies (opens in a new tab)

Appendix 1J – Handling complaints against Advisory Committee members, Chairs and Secretaries (opens in a new tab)

Part 2

Lord Chancellor’s Directions for Advisory Committees – Part 2 (opens in new tab)

Appendix 2A – Guidance on eligibility for the criminal court (opens in new tab)

Appendix 2B – Guidance on eligibility for the family court (opens in new tab)

Part 3

Lord Chancellor’s Directions for Advisory Committees – Part 3 (opens in new tab)

Appendix 3A – Guidance for the recruitment of Welsh Language-essential magistrates (opens in new tab)

Appendix 3B – Guidance for referees following an application for appointment as a magistrate (opens in new tab)

Appendix 3C – Sift Assessment form (opens in new tab)

Part 4

Lord Chancellors Directions for Advisory Committees Part 4 (opens in new tab)

Appendix 4A – Candidates submission details form (opens in a new tab)

Appendix 4B – Applicants and recruitment summary (opens in a new tab)

Appendix 4C – Declaration and undertaking form (PDF, opens in new tab)

Appendix 4D – Annual report summary of activity (opens in a new tab)

Part 5

Lord Chancellor’s Directions for Advisory Committees – Part 5 (opens in new tab)

Appendix 5A – Application transfer to another local justice area (Word document, opens in a new tab)

Appendix 5B – Bench chair’s reference for transfer to another local justice area (Word document, opens in a new tab)

Appendix 5C – Approval or refusal of transfer requests – Bench Chairs Decision (PDF, opens in new tab)

Appendix 5D – Transfers and re-appointments checklist for Bench and TDC chairs (Word document, opens in a new tab)

Appendix 5E – Application to Return from Supplemental List to the Active List (opens in a new tab)

Part 6

Lord Chancellors Directions for Advisory Committees Part 6 (opens in new tab)

Appendix 6A – Reinstatement application form (opens in new tab)