Magistrates Courts Committees

HC Deb 23 June 1997 vol 296 cc400-1W

38. Mr. Mackinlay

To ask the Parliamentary Secretary, Lord Chancellor's Department by what mechanism local magistrates courts committees consult(a) local authorities and (b) local hon. Members on proposals to merge benches of magistrates. [3127]

Mr. Hoon

Section 33 of the Justices of the Peace Act 1997 provides that a magistrates courts committee may submit to the Lord Chancellor a draft order proposing changes to the petty sessional divisions, or PSDs, in its area. Section 34 of the Act requires a magistrates courts committee to consult all the magistrates of the affected benches and the relevant paying authority, before the Lord Chancellor may consider any application for change under section 33.

MCCs are not required to consult Members direct, although section 34 also requires that notices be placed in local newspapers and the local courthouses. In practice the vast majority of MCCs consult more extensively than the Act stipulates.