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National Strategy for the Recruitment of Lay Magistrates

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National Strategy for the Recruitment of Lay Magistrates

1

CONTENTS

Page

Foreword by the Lord Chancellor 2

1. Background Review 3

2. Issues Affecting the Magistracy 6

3. Current Initiatives 9

4. Strategic Objectives 12

Annex A Recruitment and Retention of Magistrates

Annex B Raising the Profile of the Magistracy

Annex C Supporting the Appointments Process

Annex D Composition of the Lay Magistracy 2003

2

Foreword by the Lord Chancellor

Magistrates are recruited from members of the local community. No formal

qualifications are required, but applicants are expected to demonstrate common sense,

integrity, intelligence and the capacity to act fairly. They perform a valuable service

on behalf of their communities and their role is pivotal to the administration, not only

of local justice, but to our judicial system as a whole.

Approximately 97% of criminal cases begin and end in the Magistrates’ Courts.

Specially trained magistrates can deal with young offenders; certain family cases, and

also take responsibility for licensing, betting and gaming matters in their area. I

consider it particularly important that the magistracy is seen to be representative of all

sections of our society and that no one group of people should feel that they are

under-represented on the magistrates’ bench.

My Department is already involved with a number of initiatives aimed at

encouraging young people and minority ethnic groups to become involved in the

judicial process and, although the ethnic make up of the magistracy countrywide is

close to the national average for cultural representation per head of population there

are still regional variations, both in age and ethnicity that need to be addressed.

To achieve this I have commissioned a National Recruitment Strategy, which will

examine not only how to raise the profile of the magistracy generally, but also to

develop a framework to target the recruitment and retention of magistrates from under

represented groups, whilst continuing to draw on the support of those who have

traditionally provided the backbone of local recruitment.

The strategy will aim to highlight the importance of the work of magistrates,

particularly to employers, who must be persuaded that, by allowing staff who are

magistrates time off to carry out their duties, they are contributing enormously to the

maintenance of local justice and the values of good citizenship. This approach will

also be designed to encourage the self-employed that they, too, have a role to play in

serving their community by directing their individual talents towards furthering the

cause of justice in the community.

I rely on my regional Magistrates’ Advisory Committees to carry out local

recruitment campaigns and to recommend to me those people whom they feel meet

the criteria for appointment as a magistrate. The National Recruitment Strategy will

draw together the experience of the Advisory Committees with a view to combining

best practice and ensuring that recruitment is carried out in a targeted, professional

and co-ordinated manner. The Strategy will build on what we have already learnt and

help us to develop new ideas. This is intended to be a living document that can be

changed and updated regularly and I am happy to encourage you to comment on the

Strategy and to offer suggestions on how we might improve our approach.

Lord Falconer of Thoroton

Secretary of State and Lord Chancellor

3

1. Background Review

1. As part of its response to the report of the Stephen Lawrence Inquiry, the

Lord Chancellor’s Department (now the Department for Constitutional

Affairs) set up an audit of policies and procedures in every part of its work,

to assess the extent to which they provide equality of opportunity and

support diversity. A working group was set up to seek to satisfy itself that

there are in place policies and procedures, which are effective in:

� Encouraging applications for appointment to the lay magistracy from all

sections of society.

� Eliminating discrimination in the appointment process and ensuring that all

applicants are treated fairly.

� Appointing lay magistrates who, as a group, reflect the diversity of the

society they serve.

2. The working group reported to the Lord Chancellor in April 2000. The main

findings of the report were that the existing system is not fundamentally

flawed and has in place many of the structures necessary to ensure

equality. However, it noted that an integrated national recruitment strategy,

rather than the current piecemeal approach, would serve to encourage

applications from people from under-represented groups and to co-

ordinate local campaigns.

3. The report "Criminal Justice - The Way Ahead", published in February

2001, confirms the efforts made to ensure that each lay bench broadly

reflects the community it serves. It also corroborates that the composition

of the lay magistracy nationally is now approaching ethnic

representativeness, but that there are still variations locally in ethnic

composition and an imbalance of age range.

4. The Lord Chancellor committed to addressing these concerns by

commissioning a National Strategy for the Recruitment of Magistrates. In

light of the review undertaken by Sir Robin Auld (see 5), work on the

Strategy was deferred to the end of January 2002.

4

5. As part of his "Review of the Criminal Courts of England and Wales", Sir

Robin Auld considered the selection and appointment of magistrates. He

identified as the main problem the discovery and recruitment of a sufficient

and appropriate range of candidates for appointment, not the criteria for,

nor the mechanics of, their appointment. He pointed to the need to provide

benches of magistrates that reflect more broadly than at present the

communities they serve by:

� Reviewing the community relations and educational initiatives of benches

with a view to better inform the public of their work and to attract more

suitable candidates for appointment;

� Supporting the local Advisory Committees by establishing a properly

resourced National Recruitment Strategy aimed not only at candidates for

the magistracy but also at their employers;

� Equipping local Advisory Committees with the information to enable them

to submit for consideration for appointment candidates that will produce

and maintain benches broadly reflective of the communities they serve,

including the establishment and maintenance of national and local data-

bases of information on the make-up of the local community and the

composition of the local magistracy;

� Instituting a review of the ways in which the role and terms of service of a

magistrate might be made more attractive and manageable to a wider

range of the community than is presently the case; and

� Persisting with the current search for a substitute for political affiliations as

a measure of social balance.

6. Proposals to take forward reforms to the criminal justice system have been

set out in the White Paper “Justice For All”, which was published in July

2002. This document focuses on a number of issues aimed at re-balancing

the criminal justice structure in favour of the victim.

5

7. Getting the process right at the earliest stages is essential and some of the

proposed reforms will include:

� Reducing the delay in the disposal of magistrates’ court cases

� Extending sentencing powers of magistrates from 6 to 12 months.

� Requiring magistrates to sentence all those they have found guilty,

rather than committing some to be sentenced in the Crown Court.

� Integrating the management of courts within a single courts

administration and allowing Crown Court judges to conduct trials in

magistrates’ courts.

6

2. Issues Affecting the Magistracy

8. The Lord Chancellor appoints magistrates (Justices of the Peace) in

England and Wales save for the Duchy of Lancaster, where, currently,

the Chancellor of the Duchy of Lancaster makes appointments. The

Prime Minister is committed to ensuring that appointment procedures

and policies are consistent nationally.

9. In his review, Sir Robin Auld recommended that the present division of

responsibility for appointments between the Lord Chancellor and the

Duchy of Lancaster should be reviewed.

10. Proposals in the review to transfer the responsibility for appointing

magistrates within the Duchy of Lancaster to the Department for

Constitutional Affairs (DCA) are being examined.

11. To assist in identifying and recommending suitable applicants for the

magistracy, there are a number of Advisory Committees throughout

England and Wales that are responsible directly to the Lord Chancellor.

12. Each Advisory Committee either forms Interview Panels from its

members or creates formal Sub-Committees to undertake the task.

These Committees and Sub-Committees are made up of one-third non-

magistrates and two thirds serving magistrates. The Advisory

Committees recommend suitable applicants for appointment to the

Lord Chancellor.

13. To assist Advisory Committees, the Lord Chancellor has issued

Directions for Advisory Committees on Justices of the Peace. The

Directions are a public document, currently being revised and will be

published simultaneously in print and on the DCA website

(www.dca.gov.uk/).

14. It falls to each Advisory Committee to seek to achieve a balance in

terms of gender, ethnic background, occupation, geographical location

and diversity of those suitable individuals who are recommended for

appointment. It follows that a broad mix of applicants is essential, for a

representative bench to be appointed.

7

15. The general, but erroneous, view is that magistrates are predominately

middle aged and middle class. We need to challenge that perception and

continue to recruit a spread of applicants from all walks of life and across

all groups within the community.

16. If the magistracy is to reflect the society it serves, then all within society

need to be convinced that the rule of law is fundamental and necessary to

modern society, that it serves their purpose and that they should play a full

part in the administration of justice.

17. There is no national, structured campaign to raise awareness and to

portray the magistracy as a positive way of serving the community.

Understanding is an important factor to increasing confidence in the

criminal justice system.

18. There is a general difficulty in attracting applications from the working

public. This is due in part to a lack of awareness of the responsibilities of a

magistrate and of the entry requirements (or lack of them).

19. The common perception is that you need to have a legal qualification or

background to become a magistrate. In fact, suitability for appointment is

measured against six key qualities defining personal fitness, namely:

� good character

� understanding and communication

� social awareness

� maturity and sound temperament

� sound judgement and

� commitment and reliability

20. Sir Robin Auld’s review recommended that the National Strategy should

be aimed at raising awareness amongst employers of magistrates.

21. The message needs to be relayed to employers that service on the Bench

allows magistrates to acquire marketable competencies that are

transferable to the workplace, including mentoring and appraisal skills.

8

22. At this time, there is a significant discrepancy in the number of magistrates

within various age groups. The table at Annex ‘D’ sets out nationally, the

profile of lay magistrates at 1 April 2003.

23. Although we greatly value the contribution of senior magistrates, for the

magistracy to survive, more young people must be encouraged to come

forward and apply to be magistrates.

24. It is vital that youth and family panels have a healthy pool of experienced

magistrates. A representative bench, including a range of age groups,

must also be a consideration to ensure that respect for the criminal justice

system is maintained.

25. It is difficult to attract applicants in the younger age groups. Couples are

starting their families later, so they cannot find the time for voluntary work

until later in life. Some one - parent families cannot spare time to

undertake voluntary work. Many people cannot afford to undertake unpaid

voluntary work.

26. Nationally, magistrates sit over half a million days each year - this should

be set against the costs of improving awareness and recruitment.

27. Where there are insufficient magistrates in any court to support the level of

sittings, it places pressure on the existing magistrates to sit more often

thereby increasing stress and pressure from employers/ peers etc.

9

3. Current Initiatives

A Judiciary for All

28. With the help of Operation Black Vote (OBV) the Department for

Constitutional Affairs launched the Magistrates Shadowing Scheme to

increase the proportion of lay magistrates from an ethnic minority

background. Recent information on judicial appointments show that just

over 6% of the magistracy come from ethnic minority communities which

make up 7.9% of the population as a whole - (Source: Census April 2001 –

Office of National Statistics).These national figures mask significant differences

from one area of the country to another.

29. The pilot exercise carried out between 2001-02 was a great success and

many participants have since applied to become magistrates. The

Department for Constitutional Affairs is providing a grant in excess of

£100,000 in 2003 to OBV for phase two of this project and is committed to

continuing funding throughout 2004. This work has three strands:

� encouraging participation;

� job shadowing; and

� education and training.

30. This scheme is designed to enable individuals to gain invaluable

experience of life as a magistrate.

31. Shadowers can only apply at the court where they gained their experience

three months after the programme - however they can apply to another

court at any other time.

32.Those involved in the initiative have agreed to become community

ambassadors, explaining and promoting the role of magistrates and the

courts in which they work with the support of a magistrate mentor from the

Magistrates in the Community Project.

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Citizenship Foundation

33. The Citizenship Foundation is an independent charity funded by grants

from business, commerce, government and private donors which

promotes citizenship education in the fields of:

� Rights and responsibilities

� Law and the legal system

� Human rights

� Education for democracy

� Moral and critical thinking

34. DCA supports the annual Magistrates' Court Mock Trial Competition with

annual grants.

35. The competition is organised by the Foundation in conjunction with the

Magistrates' Association and DCA. The competition aims to open up and

demystify the court process.

36. Students rehearse specially written cases and have the opportunity to take

part in mock trials in real Magistrates' Courts.

37. Last year, over 350 schools, 4,500 students and approximately 800

magistrates participated in heats in more than 60 Magistrates' Courts all

over England, Wales and Northern Ireland.

Magistrates in the Community Project (MiC)

38. This is a project that aims to inform the public about the work of the

magistracy and generally raise its profile.

39. It encompasses all the public relations work undertaken by magistrates at

local level with the broad aim of "raising awareness in the community of

the lay magistracy and its work in magistrates' courts, thereby increasing

respect and confidence in justice and the criminal justice system".

40. The Department for Constitutional Affairs funds the whole of the MiC

project. Nearly every branch of the Magistrates' Association has a branch

liaison officer who will know all the co-ordinators, usually one for each

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bench. The co-ordinators organise activities that seek to reach new

audiences and find new ways of presenting material to meet the needs of

different sections of communities.

41. About 3,000 magistrates nationally take part in the project. Activities have

included:

� Providing a general outline of magistrates' courts for schools as part of the

national curriculum regarding citizenship;

� Using a pop -up theatre to demonstrate how a magistrates court looks and

works to schoolchildren with special educational needs;

� Participation in open days;

� Arranging visits to courts;

� Talking to an Asian visually impaired community group;

� Staffing a stand at CBI and TUS conferences;

� Assisting in training police recruits;

� Presentations to the U3A (University for the Third Age).

42. The Magistrates Association has also developed a training pack to assist

in presentations to communities and to employers. The training pack

provides basic guidance for those who go into the community to raise

awareness of the work of the magistracy.

43. They also aim to inform employers of the importance of their role in

supporting magistrates in their employment. A booklet entitled "Local

Business, Local; Justice - A guide for Employers" supports the section

aimed at employers. This booklet is currently being reviewed and updated.

DCA funds the cost of publication.

12

4. Strategic Objectives

44. The three main objectives of the national strategy are:

� To recruit and retain magistrates from a diverse spectrum of the

population.

� To raise the profile of the magistracy and dispel generally held

misconceptions about its make up and the entry requirements.

� To support the appointments process.

45. The following sequence of annexes set out a detailed programme of action

that we propose to take to achieve our objectives. The annexes are

arranged in three separate sections reflecting each of the above-

mentioned aims:

Annex A - Recruitment Strategy

Annex B - Raising the Profile of the Lay Magistracy

Annex C – Supporting the Appointments Process

Annex D – Composition of the Lay Magistracy 2003

ANNEX ‘A’ - RECRUITMENT AND RETENTION -

1

Objectives Proposed action Anticipated development cost

High Medium Low

That we continue to develop ways of recruiting

magistrates from a wide spread of people, particularly

from groups who are currently under-represented

nationally.

� We will source data from the 2001 Census to obtain a breakdown of

minority ethnic groupings by locality and target areas that are under-

represented.

� We will make contact with organisations representing the interests of

disabled groups to seek their views on how to direct a recruitment

campaign toward people whose disabilities would not prevent them

from becoming magistrates.

� We will focus on what barriers there may be to recruiting the self-

employed to the magistracy and carry out research to ascertain how

such difficulties might be overcome.

� We will replace political affiliation as a measure of diversity on the

Bench with a system based upon socio-economic profiles utilising

demographic data from the 2001 Census.

� We will investigate the possibility of recruiting from complementary

groups, such as Neighbourhood Watch, which has 160,00 local

schemes operating nationally.

To continue to develop a socially diverse bench that

will be representative of all sectors of society.� We will liaise with the Office for National Statistics to obtain the most

recent demographic data from the Census so that comparisons can be

made between the make up of any given Bench area and the

neighbourhood they encompass.

� Statistical information derived from such comparisons will be used to

enable targeted recruitment campaigns to be carried out locally to try

and re-dress any perceived imbalances in the composition of Benches.

� We will review our policy on the age of recruitment for lay

magistrates.

� We will identify and focus resources on areas where recruitment is a

problem.

ANNEX ‘A’ - RECRUITMENT AND RETENTION -

2

Objectives Proposed action High Medium Low

That we consider ways of building more flexibility into

court sittings, so those magistrates with other

responsibilities are able to meet at least the minimum

number of required sittings.

� We will aim to develop an agreed formula with the Magistrates’

Courts Service, the Magistrates’ Courts Administration Division and

other stakeholders which will give clear guidance on the need for

flexibility to accommodate magistrates who have other

responsibilities, e.g. as carers or to employers.

� We will consider whether the minimum sittings for lay magistrates

should be altered from 26 to 24 half days – in effect one day a month.

To expand and develop contacts with other government

departments, stakeholders and organisations connected

with the criminal justice system.

� We will continue to identify and develop partnerships with

stakeholders and other organisations with the aim of progressing with

the evolution of the national strategy.

� We will liaise with the Home Office’s Active Community Unit in an

attempt to develop a joint approach to influence under-represented

groups, including younger people, to volunteer their services as

magistrates.

The development of a ‘First Contact’ system aimed at

following up initial enquiries from potential recruits.� We will look at ways to follow-up initial enquiries from potential

magistrates and encourage them to visit a Magistrates’ Court and/or

meet a magistrate mentor to discuss any concerns they might have

about the duties they will be expected to undertake.

� Advisory Committees will be encouraged to appoint a recruitment co-

ordinator(s) to act as a first point of contact for new applicants and to

follow-up enquiries.

� Recruitment co-ordinators will be informed of the names and

addresses of people who contact DCA HQ for application forms or

express an interest in the magistracy.

ANNEX ‘A’ - RECRUITMENT AND RETENTION -

3

Objectives Proposed action High Medium Low

That we review and revise all existing recruitment

literature.� We will aim to work with all stakeholders to review existing posters

and other recruitment literature.

� We will develop a leaflet that sets out in simple terms the duties of a

magistrate, the entry requirements and the importance of their role in

modern society. This leaflet will also explain the training expectations

and ancillary roles of magistrates, including mentoring and appraisal

competencies.

Employers should be targeted and encouraged to release

staff who are magistrates to enable them to fulfil their

duties.

� We will develop a campaign aimed at employers. Its purpose will be to

enable employers to recognise that they perform a vital function within

the criminal justice system. To appreciate that staff in the magistracy

gain marketable skills that are transferable to the workplace at no cost

to themselves, e.g. the moral authority to make difficult decisions, self-

confidence, teamwork, appraisal, mentoring and communication skills.

� We will foster contacts with trade associations, the Institute of

Directors, CBI, Small Business Federation, trade unions and Chambers

of Commerce.

� We will encourage businesses to recognise that they can demonstrate

social responsibility by encouraging staff to become involved in

community work, such as the magistracy, and that this can benefit

them by improving their reputation and fostering contacts in the wider

marketplace.

� We will work with the Magistrates Association to revise the

publication ‘Local Business, Local Justice’ aimed at employers.

� We will aim to develop a relationship with Business in the Community

with a view to encouraging initiatives that will persuade employers to

release staff for magisterial duties.

� We will develop a recognition scheme for employers who support

magistrates, for example a wall plaque and certificate from the Lord

Chancellor.

� We will initiate dialogue with Investors in People to ascertain whether

their scheme can be developed to incorporate an element aimed at

encouraging businesses to promote voluntary work, such as the

magistracy, amongst their staff.

ANNEX ‘A’ - RECRUITMENT AND RETENTION -

4

Objectives Proposed action High Medium Low

That a review of the recruitment process be undertaken

with the aim of speeding up the process between

application, interview and appointment.

� We will review our recruitment system to consider how we can

expedite the procedure from receipt of an application, through the

interview process to nomination and appointment.

� In consultation with the Advisory Committees we will develop a

method of keeping applicants informed of the progress of their

applications.

To revise existing methods of recruitment advertising

and consider alternative possibilities.� We will direct recruitment campaigns through various media outlets,

including local newspapers and radio, and specialist publications –

amongst others, those representing specific target groups.

� We will investigate the possibilities of internet advertising and,

specifically, the creation of a dedicated website with hyperlinks to

related sites.

� On line application forms for the lay magistracy will be made

available with links to addresses of local Advisory Committee contacts

made automatically by utilising a post code identification system.

Downloadable forms for referees will be considered.

� A ‘tool kit’ of information will be created for use by Advisory

Committees combining the best ideas from previous regional

recruitment campaigns and extending the reach of initiatives that are

currently being undertaken.

To investigate the creation of support networks for

magistrates, particularly from under-represented groups

and to consider methods for retaining magistrates.

� We will discuss with the Magistrates Association and other interested

groups the creation of networks to support and encourage magistrates

from ethnic minorities and those with disabilities.

� We will encourage magistrates from under-represented groups to

arrange awareness events for colleagues to develop a greater

understanding of our multi-cultural and multi-religious society.

� Consideration will be given to creating a long service award for

magistrates.

� We shall examine the possibility of using recently retired magistrates

as mentors, trainers and guides for new entrants and as support for

existing mentors.

ANNEX ‘B’ – RAISING THE PROFILE OF THE LAY MAGISTRACY -

1

Objectives Proposed action Anticipated development costs

High Medium Low

That we continue developing ways of raising the public

profile of the magistracy and challenging the unjustified

perceptions concerning the requirements to become a

magistrate.

� DCA will pursue its ‘Judiciary for All’ Scheme aimed at

encouraging more people from the ethnic minority

population to become magistrates.

� We will maintain our support of awareness events in

conjunction with the Magistrates’ Association and, in

addition to mainstream conferences such as those held by

the TUC, CBI and CIPD we will look at alternative

exhibitions and venues not normally associated with

magistrates recruitment.

� We will consider the potential benefits of publishing

literature in different languages explaining the role of

magistrates in the criminal justice system.

� Contact will be established with the Home Office

Immigration and Nationality Department, DSS and other

relevant government departments with a view to

discussing the possibility of creating a “New Citizen’s

Pack” (with input from the Citizenship Foundation): to

include essential duties and responsibilities and how the

criminal justice system works.

ANNEX ‘B’ – RAISING THE PROFILE OF THE LAY MAGISTRACY -

2

Objectives Proposed action High Medium Low

That we carry out a review of the methods currently

used to publicise the magistracy and develop new

initiatives incorporating ideas from local Advisory

Committees.

� We will look at alternative methods of reaching target

audiences with a view to challenging their perceptions of

whom can become magistrates and what the entry

requirements are.

� We will achieve this by carrying out an extensive

advertising campaign using a wide variety of channels,

such as the internet, cinemas, ethnic minority radio

stations and alternative media.

� We will publish more widely the entry requirements,

making it clear that professional qualifications are not

required and that people from all walks of life are

welcome to apply to ensure that the make-up of local

magistrates’ benches reflects that of the community they

serve.

� We will develop a new website that will have links to

related sites, including the Magistrates’ Association,

Operation Black Vote, the Citizenship Foundation and the

Galleries of Justice.

� In co-ordination with the Magistrates’ Courts

Administration Division and the Judicial Studies Board

we will publish on the website the key qualities required

of a magistrate and make clear what the commitments to

training, appraisal and mentoring are for new magistrates.

� We will look at the possibility of developing an interactive

area on the website that will allow users to adopt the role

of a magistrate. Users will be able to consider the

evidence from a mock trial, make an informed decision on

the defendant’s innocence or guilt, then review sentencing

options and compare them to a decision made by an active

magistrate.

� We will publish the Lord Chancellor’s Directions for

Advisory Committees on Justices of the Peace as an

online document.

ANNEX ‘B’ – RAISING THE PROFILE OF THE LAY MAGISTRACY -

3

Objectives Proposed action High Medium Low

That in future all promotional, advertising and

recruitment material should carry a clear message that

the Department is committed to providing equality of

opportunity to all candidates applying to become

magistrates.

� We will review all material to ensure that it conforms to

the Departments Diversity Action Plan and clearly shows

our commitment to promoting race equality and

eliminating unlawful discrimination.

That we maintain support for successful initiatives that

raise the profile of magistrate’s work and build on

experience gained to develop new ideas.

� We will continue to work with the Citizenship Foundation

as sponsors of the Magistrates’ Court Mock Trial

Competition with a view to expand young peoples’

knowledge of the role of magistrates in the criminal

justice system.

� Working with the Citizenship Foundation we will prepare

and publish a booklet on magistrates in schools. This will

form part of the comprehensive package of the law and

order module within the national curriculum’s citizenship

studies.

� Together with Operation Black Vote and the Magistrates’

Association we will plan a second shadowing exercise, to

encourage people from under-represented groups to take

up the challenge of working alongside a magistrate and

gaining first hand experience of life as a magistrate.

� We will encourage participants in the Shadowing Scheme

to become ambassadors in their communities by

explaining and promoting the role of magistrates and the

courts in which they work.

� We will continue to resource the Magistrates’ in the

Community (MIC) Project, which supports a wide range

of activities including: providing speakers for school

events, arranging open days at courts, talking to

community groups and assisting in police training.

ANNEX ‘B’ – RAISING THE PROFILE OF THE LAY MAGISTRACY -

4

Objectives Proposed action High Medium Low

That we maintain support for successful initiatives that

raise the profile of magistrate’s work and build on

experience gained to develop new ideas.

� We will work closely with the Magistrate’s Association to

develop further initiatives that MIC can initiate to promote

the role of magistrates.

That we examine the resources we currently have and

consider ways of making better use of them.� We will encourage Advisory Committees to carry out a

skills audit of their magistrates with a view to identifying

potential recruits for the MIC Project. This will be

designed to see what individuals can offer, for example,

experience in dealing with the media, public speaking,

management and negotiating skills, or even contacts with

organisations that be utilised to help promote or publicise

involvement with the magistracy.

ANNEX ‘C’ -SUPPORTING THE APPOINTMENTS PROCESS-

1

Anticipated development cost Objectives Proposed action

High Medium Low

That we review our systems of communicating with

Advisory Committees and through them to our

magistrates.

� We will review the way in which we communicate

with Advisory Committees and continue to develop a

progressive system for visiting Committees on a

regular basis to discuss local concerns and give

advice on recruitment and retention.

� We will provide Advisory Committees with a detailed

list of their regional co-ordinators and will supply a

‘family tree’ explaining briefly the responsibilities of

individuals within the JP’s Branch and how they can

be contacted.

� We will continue to develop our rolling programme

of visits to Advisory Committees so those members

can meet the DCA staff they deal with.

That we re-evaluate our training programme and

induction courses to see where improvements can be

made and what further developmental courses or aids

can be offered to existing magistrates.

� We will re-examine all of the features of our

induction courses to ensure that they are serving the

needs of new Advisory Committee members and

ensure that the module on racial equality and diversity

awareness complies with our obligations under the

Race Relations (Amendment) Act 2000.

� We will liaise with the Magistrates’ Courts

Administration Division, Judicial Studies Board,

Magistrates’ Association and other stakeholders to

ensure the training needs and competences of

magistrates are reflected in the recruitment literature.

� Refresher courses for AC members, particularly

those involved with recruitment interviewing, will be

introduced and targeted initially at those who have

not yet undertaken the induction course.

� We will consider introducing a system for recording

training courses undertaken by AC members and

establish a criterion for re-training and refresher

training to ensure that standards are maintained.

ANNEX ‘C’ -SUPPORTING THE APPOINTMENTS PROCESS-

2

Objectives Proposed Action High Medium Low

That we re-evaluate our training programme and

induction courses to see where improvements can be

made and what further developmental courses or aids

can be offered to existing magistrates.

� We will examine the possibility of developing a new

element of the internet website allowing access to a

dedicated sector containing sentencing exercises,

mock case studies, useful guidance on recruitment

interviewing, with pointers on best practice and

advice on how to maintain levels of competencies for

interview panels.

That we gather information which will assist us in

overcoming problems encountered by magistrates with

other responsibilities in carrying out their duties.

To ensure that Advisory Committees take on board the

message that applicants for the magistracy and existing

magistrates who can only undertake the minimum

sittings for the foreseeable future are not to be treated

differently from those who have more time to devote to

the bench.

� We will carry out a survey of active magistrates to see

what barriers and problems they face in carrying out

their role.

� We shall use the results of that survey as a base from

which to focus future research and to develop

strategies to assist magistrates in managing their

responsibilities to the bench with their domestic, work

related and other obligations.

� We will aim to develop an agreed formula with the

Magistrates’ Courts Service, the Magistrates’ Courts

Administration Division and other stakeholders which

will give clear guidance on the need for flexibility to

accommodate magistrates who have other

responsibilities.

� We will devise a form for use by AC’s to collate

information dealing with recruitment problems and

resignations of magistrates. We will collect and

analyse that data to devise strategies that will address

any perceived problems.

ANNEX ‘C’ -SUPPORTING THE APPOINTMENTS PROCESS-

3

Objectives Proposed action High Medium Low

That we set annual recruitment targets and monitor

them against applications received and appointments

made.

� We will research methods of setting recruitment

targets and consider what difficulties this might

present in conjunction with Advisory Committees.

� Any targets set will be reviewed on a regular,

possibly quarterly, basis to evaluate the effectiveness

of local recruitment campaigns.

� We will review information supplied in Annual

Reports from Advisory Committees on recruitment

difficulties and look at ways of improving the report

form.

ANNEX D

1

Commission Area Total Age Gender Ethnic background

Excludes Duchy ofLancaster Area �

Under

40

40-49 50-59 60-69 M F White Black Asian Other Undeclared

Avon & Somerset 838 31 136 366 305 409 429 806 17 10 5 0

Bedfordshire 277 11 40 129 97 143 134 250 6 16 5 0

Cambridgeshire 358 10 62 164 122 170 188 346 under

5

7 under 5 0

Cheshire 476 22 90 205 159 242 234 465 under

5

7 under 5 0

City of London 132 7 34 54 37 59 73 113 12 under 5 under 5 0

Cleveland 464 22 93 206 143 254 210 447 under

5

12 under 5 0

Cumbria 309 5 42 150 112 155 154 306 under

5

under 5 under 5 0

Derbyshire 430 15 48 204 163 224 206 415 under

5

9 under 5 0

Devon and

Cornwall

708 18 97 324 269 353 355 701 0 under 5 5 0

Dorset 322 5 48 150 119 171 151 314 under

5

under 5 under 5 0

Durham 294 14 47 137 96 161 133 287 under

5

under 5 0 0

Dyfed 263 4 38 137 84 151 112 262 0 under 5 0 0

East Sussex 396 12 60 164 160 189 207 386 under

5

under 5 5 0

Essex 620 10 89 317 204 316 304 604 8 7 under 5 0

Gloucestershire 270 3 38 114 115 148 122 260 under

5

5 under 5 0

Gwent 284 7 37 136 104 155 129 276 under

5

5 under 5 0

ANNEX D

2

Commission Area Total Under

40

40-49 50-59 60-69 M F White Black Asian OtherUndeclared

Hampshire 780 32 122 380 246 387 393 756 5 10 9 0

Hertfordshire 457 30 95 194 138 217 240 435 6 14 under 5 0

Humberside 444 15 65 205 159 221 223 437 0 5 under 5 0

Inner London 767 35 116 315 301 313 454 644 85 18 20 0

Isle of Wight 65 3 16 27 19 34 31 63 under 5 0 0 0

Kent 815 21 126 394 274 425 390 780 8 19 8 0

Leicestershire 511 22 83 229 177 263 248 465 13 26 7 0

Lincolnshire 381 14 63 177 127 187 194 375 0 5 under 5 0

Middlesex 952 46 175 425 306 438 514 758 85 86 23 0

Norfolk 441 15 58 200 168 224 217 432 under 5 under 5 5 0

North East London 528 29 113 220 166 281 247 421 59 33 15 0

North Yorkshire 362 12 58 165 127 182 180 356 0 under 5 under 5 0

Northamptonshire 344 8 59 144 133 173 171 324 7 12 under 5 0

Northumberland 189 4 32 71 82 88 101 189 0 0 0 0

North Wales 387 8 40 178 161 210 177 384 0 under 5 under 5 0

Nottinghamshire 652 31 106 273 242 326 326 619 14 14 5 0

Powys 83 1 13 38 31 45 38 82 0 under 5 0 0

South East London 413 16 88 172 137 214 199 367 23 15 8 0

South Wales 557 19 95 234 209 284 273 539 5 6 7 0

South West

London

369 9 60 180 120 171 198 348 10 6 5 0

South Yorkshire 728 35 122 321 250 375 353 689 10 21 8 0

Staffordshire 563 17 102 246 198 297 266 545 under 5 15 under 5 0

ANNEX D

3

Commission Area Total Under

40

40-49 50-59 60-69 M F White Black Asian Other Undeclared

Suffolk 289 4 39 142 104 153 136 282 under 5 under 5 under 5 0

Surrey 364 14 71 157 122 167 197 351 under 5 under 5 6 0

Thames Valley 1046 48 172 507 319 496 550 972 28 35 11 0

Tyne and Wear 793 35 127 375 256 428 365 768 6 10 9 0

Warwickshire 216 4 36 112 64 103 113 199 under 5 12 under 5 0

West Glamorgan 251 5 30 98 118 132 119 246 0 under 5 under 5 0

West Mercia 657 20 99 312 226 353 304 644 under 5 5 5 0

West Midlands 1697 79 328 693 597 877 820 1481 75 129 12 0

West Sussex 356 19 53 161 123 182 174 347 under 5 under 5 under 5 0

West Yorkshire 1252 69 225 575 383 647 605 1133 32 76 11 0

Wiltshire 269 4 49 121 95 133 136 260 under 5 6 0 0

Totals 24419 919 4035 10998 8467 12326 12093 22929 562 696 232 0

Percentages 100 3.8 16.5 45.0 34.7 50.5 49.5 93.9 2.3 2.9 0.9 0

ANNEX D

4

The Duchy of Lancaster

Commission Area Total Age Gender Ethnic Background

� Under

40

40-49 50-59 60-69 M F White Black Asian Other Not

known

Greater Manchester 1874 62 299 845 668 977 897 1734 37 88 8 7

Lancashire 1116 31 174 514 397 599 517 978 under 5 44 12 80

Merseyside 935 33 154 407 341 490 445 907 8 17 under 5 0

Totals 3925 126 627 1766 1406 2066 1859 3619 47 149 23 87

Percentages 100 3.2 16.0 45.0 35.8 52.6 47.4 92.2 1.2 3.8 0.6 2.2

Overview of the magistracy in England and Wales including the Duchy of Lancaster

Age Gender Ethnic backgroundTotal number of

active magistrates

�Under

40

40-49 50-59 60-69 Male Female White Black Asian Other Not known

Totals 28344 1045 4662 12764 9873 14392 13952 26548 609 845 255 87

Percentages 100 3.7 16.5 45.0 34.8 50.8 49.2 93.7 2.1 3.0 0.9 0.3

ANNEX D

[To comply with the Data Protection Act 1998 figures for individual's ethnicity have been expressed an 'under 5' where the numbers in any given Commission area are lower than that figure]