The Magistracy is trumpeted as being a uniquely English institution
allowing local justice to be dispensed by local people. With certain
caveats I would agree. The Scottish and Irish versions are not quite the
same. Individual benches must follow strict guidelines in performing
some duties and are most locally idiosyncratic in others. Individual
benches control their own rota, ideally placing mixed sex and ethnic
benches where possible. Rota systems are very variable with some benches
following outdated local procedures that should have gone out with
ladies` compulsory hats and cigarette holders de rigueur in the retiring
room whilst others perform this vital function using common sense and
the latest soft ware.
One vital aspect of bench representation is the Bench Training and
Development Committee. This can be appointed internally or have
individuals elected annually. But here`s the b u t....if an elective
committee only those attending the annual election meeting can vote. No
postal or proxy voting is allowed. At my bench about one third of
members turn up....of course not always the same third. To allow change
in the voting system or to allow benches to alter their own voting
procedures government would have to table a statutory instrument.
Perhaps there is an organisation of magistrates which might consider
lobbying for this extension of democracy or is that akin to asking the
pot to call the kettle black?
Minor point but actually it is not the ‘government’ that makes the statutory Rules that govern the election/appointment of BTDCs. These Rules are made by the Lord Chief Justice – though before making them he is required to consult the Lord Chancellor.
ReplyDeleteThanks for the clarification Sub Rosa
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