§ Lord Hyltonasked Her Majesty's Government:
Whether they consider that the arrangements for consultation work satisfactorily, when changes involving benches of magistrates, their areas, 77WA responsibilities and court houses, are being examined; and whether they have received representations on these matters. [HL5230]
§ Baroness Scotland of AsthalFor changes to the organisation of magistrates' courts that require the Lord Chancellor's approval or decision, the arrangements for consultation presently in place are considered satisfactory.
The Justices of the Peace Act 1997 (JPA) requires magistrates' courts committees (MCCs) to consult before making any decisions for reorganisation controlled by statute. There is accompanying guidance which sets out the court users that MCCs may wish to consult.
Magistrates' courts committees use local knowledge to determine the scope of their consultation. However, MCCs are encouraged to consult more widely than statute requires. For example, on proposals for courthouse closures, the JPA requires MCCs to consult their paying authoirty. In practice, MCCs usually also consult magistrates, staff, MPs and professional court users. The Central Council of Magistrates' Courts Committees issued a good practice guide in December 2000 for MCCs to consider when determining courthouse closures, and this asks MCCs to consult widely. The guide is endorsed by LCD.
I have not received any representations on these matters
§ Lord Hyltonasked Her Majesty's Government:
Whether the Avon and Somerset Magistrates' Courts administration acted properly in proposing major changes affecting local justice in advance of the Government's response to the Auld report and without consulting all affected and interested parties. [HL5231]
§ Baroness Scotland of AsthalOn 10 July 2002 the Avon and Somerset MCC decided to defer any decisions concerning the long-term accommodation strategy at the court buildings at Minehead, Wells and Frome until the publication of the criminal justice White Paper in order for them to engage in dialogue with a wide-ranging number of stakeholders including local authorities, the Countryside Agency and other criminal justice agencies so that alternative options for maintaining a court service in the areas affected could be further explored.
§ Lord Lofthouse of Pontefractasked Her Majesty's Government:
Whether they consider that subsuming the local management of magistrates' courts into a national executive agency would lead to a serious reduction in local justice. [HL5396]
§ Baroness Scotland of AsthalThe Government said in the White PaperJustice for All (CM 5563) that they intend to legislate to integrate the management of the courts. The White Paper set out a clear intent to set up 78WA local management boards and to ensure that decisions are taken when possible at the local level. But they will need to operate within a framework of national standards.
The new administration we are proposing will, we hope, be a benefit to local justice and local accountability. This will not prevent local justice being delivered locally, and it will not take away from the important role magistrates play in the community. These changes will not affect magistrates' independence or their daily work. Indeed, local magistrates' benches are being retained.
§ Lord Lofthouse of Pontefractasked Her Majesty's Government:
Whether they will give an assurance that magistrates' courts committees, managed by local people, will not be dispensed with in favour of locally unaccountable and centralised management arrangements. [HL5397]
§ Baroness Scotland of AsthalThe Government said in the White PaperJustice for All (CM 5563) that they intend to legislate to integrate the management of the courts delivering decentralised management and local accountability within a single courts organisation.
The new arrangements will increase local accountability. At present, engagement with the local community is voluntary for both the magistrates' courts and the court service. There is no requirement for court users, the local community, or local authorities to be consulted about many key management decisions. In the new agency, however, managers of courts will be accountable to new local management boards which will include representatives drawn, for example, from the judiciary, the magistracy, local court users groups, victims support groups, local authorities and the local community.