§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what studies he has(a) commissioned and (b) evaluated to indicate the relative case disposal rate of stipendiary magistrates and justices of the peace. [2947]
§ Mr. HoonIn 1994, the Lord Chancellor established a working party to identify more clearly the respective roles of the stipendiary magistracy and the lay bench in the administration of justice in the magistrates' courts. The working party commissioned research from the University of Leeds on the role and appointment of stipendiary magistrates. A copy of the working party's report (published in February 1996) is available in both libraries.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department how many appeals against (i) conviction and (ii) sentence were successfully made from decisions of justices of the peace; and how many appeals against (1) convictions and (2) sentence were successfully made from decisions of stipendiary 377W and metropolitan stipendiary magistrates in each of the last three years. [2938]
§ Mr. HoonThe question concerns a matter which has been assigned to the Court Service under the terms of its framework document. I have therefore asked the Chief Executive to write to the hon. Member.
Letter from M. D. Huebner to Mr. Humfrey Malins, dated 9 June 1997:
Appeals Allowed Dismissed Varied1 Remitted to mag crt2 Abandoned in court3 Abandoned before court4 Other result Total 1996–97 4,312 6,198 3,259 39 1,057 3,002 166 18,033 1995–96 7,839 8,181 4,283 44 1,182 3,901 312 25,742 1994–95 8,116 7,957 4,003 42 1,132 3,901 369 25,520 1 Appeals where sentence has been reduced. 2 Appeals sent back to magistrates' court for consideration. 3 Appeals which have been abandoned at a hearing. 4 Appeals which have been abandoned before a hearing.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to increase(a) the number of metropolitan stipendiary magistrates and (b) the number of stipendiary magistrates. [2949]
§ Mr. HoonStipendiary magistrates are appointed by the Lord Chancellor at the request of the relevant Lord Chancellor's Advisory Committee in order to assist the efficient disposal of cases in magistrates' courts. Under the Justices of the Peace Act 1997 the statutory ceilings on the number of stipendiary appointments are: 60 metropolitan stipendiary magistrates; and 50 provincial stipendiary magistrates. There are no current plans to raise either ceiling. Appointments to two recently established provincial stipendiary magistrate posts in Derbyshire will be announced shortly.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department how many justices of the peace there are in England and Wales. [2951]
§ Mr. HoonAs at 1 January 1997 there were 30,374 active justices of the peace in England and Wales, 15,858 men and 14,516 women.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department how many cases were disposed of by justices of the peace in 1996. [2953]
§ Mr. HoonMagistrates throughout England and Wales dealt with 2,321,475 defendants in completed criminal cases and 531,181 applications in completed family and civil cases during 1996. The Lord Chancellor's Department does not collect a breakdown of which cases were heard by justices of the peace or by stipendiary magistrates.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to change the(a) title and (b) working conditions of stipendiary magistrates. [2954]
§ Mr. HoonA consultation paper on the titles of stipendiary magistrates was issued in 1992. The responses revealed there to be insufficient consensus on which alternative title might be adopted for stipendiary magistrates. There are no plans to change working conditions of stipendiary magistrates.
378WThe Parliamentary Secretary of the Lord Chancellor's Department has asked me to reply to your Question about how many appeals against convictions and sentence were successfully made from decisions of justices of the peace, stipendiary and metropolitan stipendiary magistrates in each of the last three years.
The information requested is not held centrally and can only be provided at disproportionate cost. However, I set out below information on the total number of appeals made from magistrates' courts which may be of interest to you.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to give(a) stipendiary and (b) metropolitan stipendiary magistrates sentencing or other powers greater than those exercised by justices of the peace. [2940]
§ Mr. HoonThere are currently no plans to alter sentencing or other powers of stipendiary or metropolitan stipendiary magistrates. However, this Government's commitment to a review of Youth Justice might identify the need to consider this issue further.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what has been the average cost to the Exchequer of(a) a stipendiary magistrate and (b) a justice of the peace, in each of the last three years. [2948]
§ Mr. HoonThe average cost to the Consolidated Fund of a stipendiary magistrate for the last three years was:
- 1994–95:£60,939
- 1995–96: £67,340
- 1996–97: £70,072
The average cost of financial loss, travelling and subsistence allowances and training of a justice of the peace for the three most recent financial years for which such information is available was:
- 1993–94: £418
- 1994–95: £471
- 1995–96: £452
Expenditure figures for 1996–97 are not yet available.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department how many metropolitan stipendiary magistrates and stipendiary magistrates there are in England and Wales. [2950]
§ Mr. HoonThere are 50 metropolitan stipendiary magistrates and 40 provincial stipendiary magistrates in post.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department how many cases were disposed of by metropolitan stipendiary magistrates and stipendiary magistrates in 1996. [2952]
§ Mr. HoonMagistrates throughout England and Wales dealt with 2,321,475 defendants in completed criminal cases and 531,181 applications in completed family and 379W civil cases during 1996. The Lord Chancellor's Department does not collect a breakdown of which cases were heard by justices of the peace or by stipendiary magistrates.
§ Mr. MalinsTo ask the Parliamentary Secretary, Lord Chancellor's Department what was the total sum ordered to be paid by legally aided defendants in all criminal proceedings by way of contribution to legal aid; and what was the total sum so paid in each of the last three years. [2956]
§ Mr. HoonInformation on the amount of contribution ordered to be paid by legally aided defendants in criminal proceedings is not readily available and could be obtained only at disproportionate cost. The total amount of contributions received, net of any repayments to defendants, in each of the last three years for which information is available, was as follows:
£ million 1993–94 1994–95 1995–96 Criminal magistrates' court 2.3 2.7 2.7 Higher criminal courts 1.6 1.6 1.6 Total contributions received 3.9 4.3 4.3 Following an acquittal an assisted person may be reimbursed the full cost of contributions that have been paid. However, information on the amount of contributions repaid is not available.