Updated September 2020
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 2017 (as amended in July 2020).
It reflects changes to the Lord Chancellor’s Directions at Part 1-Terms of Office for Advisory Committee Members; Part 3-Reviews by the Senior Presiding Judge and Deputy Senior Presiding Judge and Magistrates Only Review Panels; Part 4- Appendix 4C (updated Declaration and Undertaking Form); Part 5-Post Appointment Matters; Appendix 5A (Application to Transfer to Another Local Justice Area); and Appendices 5B, 5C and 5D (updated to reflect up to date terminology). As well as changes made in June 2020 due to the COVID-19 pandemic.
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 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
The Lord Chancellor’s Directions for Advisory Committees – Part 3
Appendix 3A – Guidance for the Recruitment of Welsh Magistrates
Appendix 3B (Part 1) – Guidance for Referees
Appendix 3B (Part 2) – Reference 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 (June 2020 version)
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
Appendix 5E – Application to Return from Supplemental List to the Active List