Magistrates Courts Committees (Hansard, 16 November 1998)

§ Mr. Hoon

Magistrates' Courts Committees (MCCs) are composed of magistrates for the area to which the committee relates, in accordance with Section 28 of the Justices of the Peace Act 1997 (JPA). Section 6 of the JPA provides that, with few exceptions, magistrates may be appointed to an area only if they reside within 15 miles of that area. MCCs are therefore overwhelmingly made up of local magistrates.

MCCs are responsible for the efficient and effective administration of magistrates' courts in their area. There is a range of statutory and non-statutory provisions designed to ensure that the needs of court users are taken into account, and that the local community can be involved in the work of the MCC.

Section 30(4) of the JPA allows an MCC to act through sub-committees which, so long as they include at least one member of the MCC, can include non-members.

Section 30(9) of the JPA requires that at least once each calendar year, MCCs must admit members of the public to a meeting.

Section 30(10)—(12) of the JPA requires that minutes of every MCC meeting must be open for public inspection unless deemed confidential. If they are deemed confidential, the MCC must give reasons.

Section 31(6) of the JPA requires MCCs to have regard to the needs of disabled court users.

MCCs are required to submit to periodic independent inspection by Her Majesty's Magistrates' Court Service Inspectorate. The inspection process includes discussions with court users (both professional and non-professional). These discussions inform the Inspectorate's reports on individual MCC areas. The contents of the Inspectorate's report are made available to members of the public through a public information booklet for each area after it is inspected. The booklet contains a digest of the Inspectorate's findings and recommendations and the MCC's response.

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New guidance on the production of annual reports was issued to MCCs in October 1998. All MCCs are required to submit annual reports for the financial year 1998–99 onwards, which contain key information. In their annual reports, amongst other things, MCCs will be expected to include information on when they published their first Charter and when that Charter was revised and updated to take account of the new model Charter issued by LCD, and the guidance issued by the Cabinet Office as part of the Service First programme. MCCs will be expected to report on the performance against three key charter standards in the body of the annual report. The setting of clear standards and reporting on how and whether they are achieved is a vital aspect of accountability to court users. The Service First Guidance places a significant emphasis on consulting users.

Communication with the community is demonstrated through MCCs' involvement in the Magistrates' Association's schools project and through Open Days. The Lord Chancellor has written to MCCs emphasising the importance he attaches to Open days and has asked each MCC to provide an annual return on the open days they have held in their areas. Reports submitted for the year to 30 September 1998 show the success of Open days. Consultation with court user groups and the guidance issued by Central Council on courthouse closures provide other examples of non-statutory consultation which enhances accountability.

Complaints provide a further method of non-statutory accountability to the community. Letters and telephone calls to MCC officials and LCD officials, letters to MPs and Ministers all enable the community to influence the operation of the MCC.