DESCENT INTO AUTHORITARIANISM: AN EARLY WARNING

This post is about taking control.  I posted on 14th June 2018 that the MOJ were seeking to appoint a team of "leadership magistrates". I posted on  23rd July 2018 that the identities of those magistrates named above who had been appointed had been kept secret. Shortly after that July post and ministerial procrastination their names were published.  Around the same time the lobbying organisation Transform Justice had made similar comments about the secrecy with which these people had been appointed and the  iniquity of their identities being withheld. And now finally under the camouflage of these government lackeys we have, this week,  the future of the magistracy laid out before us by the Lord Chief Justice.  For ease of use I have copied the document below although the format has had to  be altered. The highlights are mine. 

 Foreword by the 
Lord Chief Justice


The Magistracy is at the core of the judicial system. It has 
been at the forefront of the delivery of justice across England 
and Wales for over 650 years. In 2018, I approved changes to 
the leadership structure and governance of the Magistracy. 
These changes brought its administrative structure into closer 
alignment with the rest of the Judiciary, and began the process 
of embedding the magistracy firmly within the judicial family.

The key purpose of the Magistrates Leadership Executive 
(MLE) is to support the governance of magistrates’ courts and represent the interests of the magistracy. Its initial task was to develop the first national strategy for the Magistracy. This strategy builds upon the governance structures and continues to develop the senior judiciarys plans for establishing and securing the future of the magistracy. I commend the MLE who led the development of this strategy. Working collaboratively with Her Majesty’s Courts and Tribunals Service (HMCTS), Ministry of Justice (MOJ), Judicial College, Magistrates` Association and involving local leadership magistrates, they have sought to consolidate the position and future of the magistracy with six key priorities. These priorities also reflect the evidence and recommendations of the House of Commons Justice Select Committee Reports on the Role of the Magistracy.

I endorse this national strategy and MLE`s responsibility to support my office and that of the Senior Presiding Judge in the development, leadership, management and support of the Magistracy of England and Wales.



Introduction

Magistrates are responsible for making decisions that significantly affect the lives of the people of England and Wales. It is essential we ensure the magistracy is committed, competent, consistent, and confident in dispensing justice 

The public has the right to expect that magistrates will: 

• be selected against rigorous criteria
• make competent independent judicial decisions in a structured and objective way
• be well trained and supported
• take personal responsibility for ongoing development via peer appraisal
• seek, receive and act on regular feedback, including peer appraisal


This document sets out key objectives that will ensure all the above is achieved.



Strategic themes

Communication

Communication for magistrates will be consistent, clear and purposeful

The magistracy is a diverse community and their engagement and communication needs will vary. The role of the magistrate is an extremely responsible one as it is part of the judicial family upholding the rule of law. It is essential that all magistrates have access to timely, relevant and clearly expressed communications, to engage and carry out their judicial role effectively.

Objectives:

1. E-judiciary email addresses will be used when communicating with magistrates.
2. The engagement of magistrates will be maintained via a structure of regular and relevant communications which avoid duplication.
3. The National Leadership Magistrate will keep magistrates updated through regular newsletters.
4. Magistrates will have access to a digital store of information via e- judiciary and will take responsibility for complying with judicial security IT guidance.
5. Leadership Magistrates will explore and trial the use of social media for positive networking opportunities.




Organisation

The magistracy will operate with clear committed governance and appropriate support Her Majesty’s Courts and Tribunals Service manage administration of the justice system through seven regions, including Wales. The magistracy operates through local justice areas as defined by statute. In February 2018, new arrangements were laid down by the Lord Chief Justice for the governance of magistrates` courts business. In October 2018, a new Magistrates Leadership Executive was established.

Objectives:

1. Work towards realising the framework for a single bench for the magistracy, with adequate safeguards and conditions to protect magistrates’ identity and sense of belonging within a local leadership structure.
2. Maintain and develop the relationship between Leadership Judges, Regional Leadership Magistrates, Bench chairs and Her Majesty’s Courts and Tribunals Service on matters relating to the management and organisation of magistrates’ courts business, facilities and performance, reflecting the need of the Family Court where appropriate.
3. Leadership Magistrates and Bench chairs will be properly supported to fulfil their roles as judicial leaders.
4. Enhance the structure and relationship between the magistrates sitting in the criminal and family courts.
5. Work with the Judicial Office, Her Majesty’s Courts and Tribunals Service and the Ministry of Justice to monitor the impact of reform and how the magistracy will progress and change in the future. Monitor how that will be effectively communicated and understood by magistrates and ensure they are properly prepared and supported for any changes.
6. Clarify and communicate the respective roles of the Magistrates Leadership Executive and Magistrates Association at political, national and regional levels. They will work together for the successful future of the magistracy.
7. Magistrates will work in a mutually respectful and supportive environment where unnecessary bureaucracy is removed.




Profile

The magistracy will continue to have a strong foundation within the judicial family and its profile will be promoted with confidence

The office of Justice of the Peace has existed since 1361 and holds a unique position within the judicial family. The magistracy represents the largest group of judicial office holders – yet there is limited public understanding about its role.

Objectives:

1. Magistrates will develop and maintain close and regular relationships with the senior judiciary as appropriate at national level (Lord Chief Justice, Senior Presiding Judge, President of the Family Division, Deputy Senior Presiding Judge), regional level (Presiding Judges) and local level (Resident, Circuit and Designated Family Judges).
2. Magistrates will discuss with the senior judiciary matters of mutual relevance, such as community events and the use of social media.
3. Promote the profile of the magistracy to the general public to ensure it is understood and respected, and will make sure that all communities are engaged.
4. Magistrates Leadership Executive will develop appropriate relationships with the media (including television, radio, newspapers and the social media) as appropriate. This will be managed in conjunction with the Judicial Press Office and Her Majesty’s Courts and Tribunals Service communications teams.
5. Agreement from Ministry of Justice will be sought to establish a national steering group, develop and promote the national profile of the magistracy across England and Wales and thereby aid recruitment, increase diversity and assist advisory committees.




Recruitment

A comprehensive and sustainable plan for recruitment will be created, to increase the number and diversity of applicants, while maintaining high standards of competence

There is a shortage of magistrates and over 50% will reach retirement age within the next 10 years. Judicial Appointments Commission does not have responsibility for the recruitment of the magistracy. This responsibility lies with the 23 non- departmental public bodies known as recruitment advisory committees.

Objectives:

1. An effective judicial deployment protocol will be developed that provides a clear forecast of recruitment needs for at least three years ahead.
2. Regional and Bench leadership teams will support the induction of new magistrates.
3. Magistrates will be able to help promote recruitment campaigns, including direction to the digital recruitment pages.
4. Magistrates will share ideas to support attraction to the role and increase the diversity of new applicants.
5. Bench chairs will encourage exit interviews for all colleagues upon leaving the magistracy to ascertain aspects of the role that may impact upon retention rates.
6. Agreement from Ministry of Justice will be sought to establish a national steering group, develop and promote a national profile for the magistracy across England and Wales and thereby aid recruitment, increase diversity and assist advisory committees.




Training and competence

Magistrates will be trained to ensure they are confident and competent to perform their judicial roles to a high standard

The Lord Chief Justice has statutory responsibility for magistrates training which is delegated to the Judicial College. The Judicial College through its sub-committees, identifies national training needs and incorporates these into the minimum provision of training agreement with Her Majesty’s Court and Tribunal Service. Training, Approvals, Authorisations and Appraisals Committees are obliged to take into account the agreement and have responsibility for identifying magistrates 
training needs and developing a plan to meet them. Her Majesty’s Court and Tribunal Service funds magistrates’ training.

Objectives:

1. Support magistrates to be responsible for their own competence, personal development and preparation for appraisal.
2. Promote available training resources and materials across the Magistracy.
3. The Training Approval Authorisation and Appraisal Committees role in respect of training and appraisal will be strengthened and the communication links with Training Approval Authorisation and Appraisal Committees and Judicial College will be enhanced to ensure the needs of the magistracy will be met.
4. Communication links between Judicial Business Groups, Training Approval Authorisation and Appraisal Committees and the Judicial College will be enhanced, underpinning the Judicial Business Groups’ role in respect of training.
5. The professional accreditation of magistrates’ training and development will be investigated and considered.
6. IT training for magistrates will be included in the minimum provision agreement for all new magistrates and refresher training in line with the guarantee of the Lord Chief Justice and Senior Presiding Judge.
7. Opportunities will be developed, with the agreement of the Senior District Judge (Chief Magistrate), to share the experience and skills of the District Bench with the magistracy.
8. Different methods of delivery will continue be explored.
9. A review of the minimum training requirement for the magistracy to facilitate an identified development pathway will be requested.




Judicial Development Pathway

Magistrates will be encouraged and supported to be committed to their roles and 
expand their involvement within the magistracy

When magistrates first join the bench, they do so as a winger in the adult or family court. While some will continue solely in this role, there are a range of opportunities available within in the magistracy.

These include:

• sitting in other jurisdictions
• becoming a Presiding Justice, a mentor, an appraiser, a youth panel member, (deputy) Bench or panel chair
• contributing to committees such as Training Approval Authorisation and Appraisal 
Committees or advisory committees


Objectives:

1. Encourage and support magistrates to take on these additional roles.
2. Vacancies to be advertised transparently and through appropriate channels, with a clear statement of the role, and the skills and experience required and sufficient time for all potential candidates to apply.
3. Appropriate (and where possible accredited) training to be provided for all magistrates, including those taking on additional roles, to enable them to carry out their role effectively.
4. Produce an analysis of the transferable skills gained from carrying out each role so that potential candidates and any employer can see how they would benefit.
5. Explore ways to recognise the contribution made by magistrates, including those who take on additional roles.

I would assume that some whether JPs or not would find nothing unreasonable in most[much] of the above. However the basis of my lack of approbation is the self declared intention of central government to take over each and every stage of the system. There are certainly some aspects of recruitment and training and observations of just what conduct is considered unacceptable for what is a cadre of ordinary citizens leading dual lives that requires deep thought and perhaps revision. But in general this document is just the latest step in a long term desire to ensure the magistrates courts are under full government control and that means controlling individual magistrates. I have highlighted in yellow the number of times reference is made to "leadership magistrates. These people are totally beholden to those who appointed them.  They are in place to further the purpose of the MOJ. I doubt they will have regard to the lack of respect afforded them by their more experienced colleagues but then they are on their way out.  All those newly to be appointed to the bench will have no knowledge and little interest in the history of the last two decades of the magistracy.  Thus they will be more easily led; a task which the Magistrates Association has failed miserably owing to its senior officers over that period being more interested in the  gongs and bling awarded for being lap dogs kowtowing to their masters. This is its reward with references to it in a single instance. The Bench Chairmens` Forum was the only national organisation that could truly be said to have been representative of Joe magistrate. Bench chairmen have three mentions in the document although their functions are likely to be limited to the individual bench from which they were elected.  

This government and its prime minister in particular have not hidden their intention to curb power and/or influence at the very highest levels of the legal system; namely the Supreme Court. The intentions re the country`s lowest courts which account for and will affect about 93% of all appearances will be to direct these courts to the aims of the government of the day for good or ill.  Three magistrates will be inhibited as never previously from deviating from the orders imposed upon them. When these magistrates are prohibited from presiding over trials which will be chaired with or without them as wingers by a single District Judge (MC) as will surely be the case just a few years from now the government will have achieved total control of the legal process. There are many lawyers who would applaud the abolition of lay magistrates. To them I say; beware of what you wish for.  That will be a further step on the ladder of authoritarianism upon which we have begun the slow climb..........or should that be the descent?