HC Deb 27 January 1994 vol 236 cc327-8W
Dr. Howells

To ask the Parliamentary Secretary, Lord Chancellor's Department what action is available to him in respect of magistrates who allow party political considerations to determine penalties.

Mr. John M. Taylor

In the declaration and undertaking made on appointment magistrates certify that they understand and agree that their conduct must be free from any sexual, racial, political or other bias. The Lord Chancellor may reprimand a magistrate for his conduct or remove him from office, as appropriate, if there is evidence to show that he appears to be allowing party political considerations improperly to determine penalties.

Mr. Riddick

To ask the Parliamentary Secretary, Lord Chancellor's Department what guidelines are issued to magistrates in respect of the making of political comments in(a) assessing penalties and (b) delivering judgments.

Mr. John M. Taylor

No specific guidelines are issued. The judicial oath taken by all magistrates requires them todo right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill will".

On appointment magistrates declare that they accept their conduct should be free from any sexual, racial, political or other bias. This is reinforced in the training given to magistrates. The clerk to the justices will also advise them on the need to avoid bringing their impartiality into question.

Mr. Brandreth

To ask the Parliamentary Secretary, Lord Chancellor's Department what guidelines are issued to magistrates by his Department on speeches in mitigation with particular reference to political objectives.

Mr. John M. Taylor

No specific guidelines are issued by the Lord Chancellor but magistrates are advised on the law by their clerks. Magistrates on appointment undertake to conduct themselves in a manner which is free from sexual, racial, political or other bias; this is also covered in the training given to magistrates.

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