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

|General|Guidance

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 July 2013 (as amended in September 2017).

It reflects the changes agreed in the 2017 consultation on the Mechanisms and Governance for overseeing the recruitment and conduct of Justices of the Peace and changes to the recruitment of magistrates.

The document is laid out in five 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

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 – Part 1

Appendix 1A – HMCTS parameters for recruitment activity

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

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

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

Appendix 1C (Part 2) – Guidance for referees

Appendix 1D – Diversity monitoring form

Appendix 1E – Assessment Form

Appendix 1F – Appointments confirmatory statement

Appendix 1G – Declaration Register

Appendix 1H – Register of advisory committee members interests

Appendix 1I – Template of advertising Advisory Committee vacancies

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

Part 2

Lord Chancellor’s Directions for Advisory Committees – Part 2

Appendix 2A – Letter applicants aged 65 and above (or would be at time of appointment)

Appendix 2B – Guidance on eligibility

Part 3

This 2018 version of part three and Appendices should be applied for recruitment where applications opened on or prior to 31 May 2019

Lord Chancellor’s directions for Advisory Committees – Part 3

Appendix 3A – Guidance for the recruitment of Welsh language-essential magistrates

Appendix 3B (Part 1) – Guidance for referees

Appendix 3B (Part 2) – Referee form

Appendix 3C – First interview assessment form

Appendix 3D – Second interview assessment form

This 2019 version of part three and Appendices should be applied for recruitment where applications opened on or after 1 June 2019

Part 3 – Selection process for magistrates

Appendix 3A – Guidance for the recruitment of Welsh language-essential magistrates

Appendix 3B (Part 1) – Guidance for referees

Appendix 3B (part 2) – Referee form

Appendix 3C – sift assessment form

Appendix 3D – first interview assessment form

Appendix 3E – second interview assessment form

Part 4

The Lord Chancellor’s Directions for Advisory Committees – Part 4

Appendix 4A – Candidates submission details form

Appendix 4B – Applicants and recruitment summary

Appendix 4C – Declaration and undertaking form

Appendix 4D – Annual report summary of activity

Part 5

Lord Chancellor’s Directions for Advisory Committees – Part 5

Appendix 5A – Application transfer to another local justice area

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

Appendix 5C – Approval or refusal of transfer requests, Bench chair’s wording

Appendix 5D – Transfers and re-appointments checklist for Bench and TDC chairs