§ Mr. LawrenceTo ask the Secretary of State for the Home Department whether he has yet reached any conclusions on the recommendations in the magistrates courts scrutiny relating to services provided by the police for these courts; and if he will make a statement.
§ Mr. WaddingtonThe scrutiny report recommended that the police should not be regarded as responsible for maintaining order or general security duties in magistrates courts on a routine basis. In the light of the consultations which have taken place with interested bodies on this matter, I accept this conclusion. I am issuing guidelines intended to assist local discussion between the police and the magistrates courts about the appropriate level of police presence in individual cases.
The guidelines (a copy of which is being placed in the Library) make it clear that, while the police have a responsibility, as part of their general duties, to protect magistrates and courts staff where the police consider that there are reasonable grounds for believing that they may be at risk, the courts should reduce these risks so far as possible and should consider the provision of appropriate physical security measures to that end. I am considering the case for clarifying the legal powers available to magistrates courts and their staff to ensure the uninterrupted administration of justice.
The scrutiny report also recommended that steps should be taken to improve the management of services now routinely provided by the police for the courts, including the service of summonses, the execution of 117W warrants and the custody of prisoners at court. As to the first two services, I am asking magistrates courts committees, in consultation with their paying authorities and the relevant police authorities, to undertake an assessment of the practical consequences of transferring responsibility for routine work from the police to the courts service. We have already made provision in public expenditure for the appointment of a substantial additional number of court fine enforcement staff and have asked magistrates courts to consider the greater use of bailiffs to enforce fines.
In the light of legal advice about charges to magistrates courts committees for the execution of warrants by the police, I propose, with effect from 1 April, to disregard any such charges for the purpose of paying specific grant to local authorities. I shall be consulting the relevant local authority associations about the effect of this decision. I also propose to disregard any such charges for the service of summonses by the Metropolitan police with effect from the same date and with effect from 1 April 1991 in the case of other police forces in England and Wales, subject to consultation with the local authority associations.
I am still considering the question of responsibility for the gaolering services.