HC Deb 10 March 1998 vol 308 cc142-3W
Charlotte Atkins

To ask the Parliamentary Secretary, Lord Chancellor's Department what criteria determine the composition of Magistrates Courts Committees; and how they are appointed. [33718]

Mr. Hoon

Magistrates' Courts Committees (MCC) are composed of local magistrates who are appointed by their colleagues, on the basis of the skills and experience they bring to the committee.

The framework for the appointment of MCC members is set out in the Magistrates' Courts Committees (Constitution) Regulations 1994. Broadly, each bench in an MCC area elects a prescribed number of its members to operate as a Selection Panel. The selection panel is informed by the incumbent MCC how many new members are required for the following year. A written notice of application is required, containing details of qualifications and experience. Candidates for appointment to the committee must be nominated by a justice and seconded by three other justices. Each selection panel determines its own method of selecting members to the MCC (whether through selection or election). Where a committee believes that additional skills are required which can only be provided by an individual who is not a magistrate, it is open to them to seek the Lord Chancellor's approval for a co-option to take place.

Charlotte Atkins

To ask the Parliamentary Secretary, Lord Chancellor's Department what are the powers of Magistrates Courts Committees in respect of the closure of local courts. [33716]

Mr. Hoon

Under section 56 of the Justices of the Peace Act 1997, decisions concerning the future of a magistrates court are for the relevant magistrates courts committee to determine, after consultation with the paying authority or authorities. The local authorities that contribute financially to the running of the service may appeal to the Lord Chancellor against a proposed closure. The procedure for such appeals is set out in section 56 of the Justices of the Peace Act 1997.

Charlotte Atkins

To ask the Parliamentary Secretary, Lord Chancellor's Department to what extent Magistrates Courts Committees are required to take into account(a) local opinion, (b) the opinion of the Magistrates' bench and (c) the opinion of the local district council before deciding to close a local court. [33717]

Mr. Hoon

The Justices of the Peace Act 1997 requires a magistrates courts committee to consult its local paying authority before making a determination to close a courthouse.

My Department does, however, encourage magistrates courts committees to extend their consultation processes wider than that required by the Justices of the Peace Act 1997 and to consider all representations received before making a final determination.

Charlotte Atkins

To ask the Parliamentary Secretary, Lord Chancellor's Department what is the average size of population covered by a local Magistrates Court. [33720]

Mr. Hoon

At April 1997, there were 492 full-time and part-time magistrates courthouses in use. The average population covered by a courthouse is around 106,000.