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Showing posts sorted by date for query leadership magistrates. Sort by relevance Show all posts
Showing posts sorted by date for query leadership magistrates. Sort by relevance Show all posts

Tuesday, 7 April 2026

THE MACHINE IN THE MIDDLE CHAIR



There is a document that arrives at the bench before sentence is passed on most defendants who have pleaded guilty or been convicted in a magistrates court. It is called the pre-sentence report. For decades it was the work product of a probation officer who had interviewed the defendant, reviewed the circumstances of the offence and formed a professional view about risk, remorse and the most appropriate disposal. Its authorship was human. Its limitations were human. It could be questioned, challenged and probed. The probation officer who wrote it could be asked to clarify. That report still arrives. But the professional view it contains is now substantially shaped by something that cannot be questioned in court, cannot be cross-examined and whose inner workings are protected by commercial confidentiality. It is called the Offender Assessment System known as OASys. 


That is where we are but a little history of how we arrived here is of some interest.  OASys was developed by the Home Office through three pilot studies before being rolled out across the entire prison and probation system in England and Wales between 2001 and 2005. It did not spring from a single moment of invention. The Home Office had commissioned its first statistical predictive tool, the Offender Group Reconviction Scale (OGRS), which was deployed in 1996 across probation offices in England and Wales. This simple algorithm has since been incorporated into OASys which grew to incorporate additional machine learning algorithms. The intellectual framework behind it was the "What Works" movement in criminology; the idea that recidivism could be reduced by matching offenders to evidence based interventions in place of adopting either of the two assessment tools then in use.  This revised study of sentencing was based to some extent on pioneering innovation in Minnesota USA in 1978.  In 1984 the United States Supreme Court required all judges to use  those sentencing guidelines which had resulted.  The link between the American systems and the English sentencing guidelines is real although the influence was intellectual rather than structural.


The grading of offences, lists of aggravating and mitigating factors and sentence recommendations traceable to publications by Professor Andrew Ashworth in 1983 and 1987,  was ultimately adopted by the Sentencing Guidelines Council and then its successor the Sentencing Council established in 2010. 


By January 2025 OASys was producing more than nine thousand assessments every week. The benches of England and Wales are reading its outputs on a daily basis without, in the great majority of cases, knowing quite what they are reading.  However, the National Offender Management Service describes its risk scores as the most influential document in the sentencing, planning and management process. 


OASys combines what its designers call structured professional judgment with risk prediction algorithms. It weighs static factors such as age and criminal history alongside dynamic ones including accommodation, employment prospects, relationship stability and drug use. Each of those dynamic variables is a proxy for poverty. A defendant who rents insecurely, has no steady job and lives in a postcode where drug use is prevalent will score higher risk not because of anything intrinsic to their character but because the circumstances of their life which the law is supposed to assess as mitigation have been re-encoded as danger. The algorithm does not make moral distinctions. It processes inputs.


The bench that receives this report cannot interrogate the algorithm. The defence solicitor cannot see the weighting applied to each variable. The probation officer who compiled the report may not fully understand how the score was derived. The number arrives with institutional authority, dressed in the language of professional assessment and it influences bail decisions, sentencing outcomes, the choice of disposal and, further down the line, which prison a defendant is sent to and what rehabilitation programmes they are permitted to access. This is, to use an appropriately judicial word, consequential.


When I was sitting the pre-sentence report was a document I read critically. My colleagues and I had been trained to question it, to look for inconsistencies between the circumstances described and the recommendation made, to consider whether the probation officer had taken adequate account of the defendant's own account of themselves.  Indeed with my colleagues` assent I often spent almost as much time questioning the report`s writer as I did on the sentence pronouncement.   That critical engagement was part of the magistrate's function. It is not clear how a magistrate in 2026 is supposed to exercise the same critical engagement with a risk score generated by a system they have never been told exists, let alone been trained to evaluate although I quite understand how some magistrates with long memories might find themselves at odds with current thinking.  


The theoretical appeal of algorithmic decision-making in criminal justice is straightforward and not without merit. A machine, it could be argued, does not have bad days. It does not form unconscious impressions based on how a defendant presents. What an algorithm does inherit is the data on which it was trained.  The Lammy Review of 2017 established that at every stage of the criminal justice process in England and Wales people from black, Asian and minority ethnic backgrounds face worse outcomes than white defendants and that those disparities cannot be explained by the nature of the offences with which they are charged. When a predictive algorithm is trained on historical conviction and sentencing data it learns that pattern. It does not learn that the pattern might reflect injustice. It learns that the pattern is the baseline.


There is a wider context. The Court of Appeal's handling of the Post Office Horizon appeals, completed in 2021, established with the force of authority what common sense had always suggested: convictions cannot stand if based on unexamined software outputs.  The great majority of those prosecutions was heard in magistrates courts. The benches that convicted those defendants were not acting in bad faith. They were operating within a system that presented computer evidence as reliable, offered no mechanism for challenging it and proceeded on the institutional assumption that if a machine said it, it was probably true.  A bench can be challenged on its reasoning. A risk score cannot.


The Horizon software was not artificial intelligence in the modern sense. It was a financial management system that produced erroneous data and whose errors were systematically denied by those with an institutional interest in the system's reliability. 


But the principle is identical to the one that now applies in every courtroom where an OASys score informs a sentencing decision. If the output of a computer system is accepted without scrutiny, justice is not being done. It is being performed.  


In December 2023 the Courts and Tribunals Judiciary issued guidance to judicial office holders including magistrates on the use of artificial intelligence. The Judicial College identified preparing for innovation and change as a key objective in its activities report for 2023 to 2024. The Ministry of Justice's AI Action Plan, published in July 2025, committed to rolling out enterprise grade AI assistants to every member of Ministry of Justice staff by December of that year. Although substantial progress has been made that aspirational hope has still some way to go. However Microsoft 365 Copilot has been made available to leadership judges following a successful pilot. But to date even so called “leadership magistrates” have not been allocated Copilot licenses. Instead AI use in the magistrates’ courts is described to be at an operational/pilot level.


Whilst the above offers political sound bites [bytes?] for the MOJ  for the fourteen thousand or so lay magistrates of England and Wales there is currently no attempt to offer systematic understanding of the algorithmic tools that are already shaping the documents they read in court. There is no requirement that a pre-sentence report disclose the weighting applied by OASys to the variables it has assessed. There is no mechanism by which a defence advocate can challenge a risk score on behalf of their client.


The argument for the lay magistracy has always rested on the principle that local people, drawn from the full range of community life, bring a judgment to the lower courts that is both democratically grounded and practically wise. But that principle requires that magistrates be in full possession of all the material that bears upon the decision before them. A bench that is reading, without knowing it, the output of a commercial algorithm is not in full possession of the material. It is in possession of a summary that someone or something has already partially made up their mind about.  


It is a human not a machine which sits in the middle chair.  But that ephemeral machine has acquired a significant influence over what happens to the person who stands before it. That influence is invisible, unaccountable and, as far as the magistracy is concerned, but a phantom in time and space.  It is now apposite  for reality, transparency and confidence in humanity to once again oversee the court process. 

Tuesday, 31 March 2026

WHO, WHAT AND WHY IS THE MAGISTRATES LEADERSHIP EXECUTIVE?



For some time I have been gathering knowledge and information about a body that, without fanfare and indeed not a little secrecy, was created in 2018.  My first post on this topic was on 14th June of that year. Later, in October, quietly and without any public announcement a new body was inserted into the governance of the magistracy. It was called the Magistrates Leadership Executive, the MLE.    It came bearing the imprimatur of the Lord Chief Justice, the endorsement of the Senior Presiding Judge and the stated purpose of providing the magistracy with 'strategic leadership.'  The official narrative runs as follows: the old National Bench Chairmen's Forum had served its purpose; the 2016 Justice Select Committee had identified a need for more strategic leadership of the magistracy; after extensive consultation a new body was created with the support of the senior judiciary to provide just that.


Support from magistrates was less enthusiastic.  At that time the apex of their representation was the National Bench Chairmen's Forum, a body whose members were elected by their peers;  bench chairs chosen by bench chairs, accountable to those who selected them. Its abolition was preceded by a consultation. That consultation found that a majority of magistrates doubted the need for change at all and that among those prepared to accept reform a clear majority wanted any successor body to be elected rather than appointed. Both findings were registered but were set aside. Instead an appointed body was created reporting not to the magistracy but to the Senior Presiding Judge. Within a year of its creation two of its first members had resigned without explanation. 


The decision to appoint rather than elect, as it was later explained to the Justice Select Committee, was taken because an appointed body would have greater 'status' in dealings with the senior judiciary. In  simple terms the process was just another episode in the erosion of the binary concept of an independent part time lay magistracy which was also the most junior part of the judiciary. The principle underlying this arrangement is ancient and important: that justice in the lower courts should be administered by the people, through the people, with no professional stake in the outcome.  Indeed the Ministry of Justice with its recent frantic advertising for new magistrates to overcome the previous government`s recruitment  deficit consistently emphasises the continuing need for local people to administer local justice.  


The National Bench Chairmen's Forum embodied this principle in its governance. Its members were elected by the bench chairs of their regions. They were accountable to those who chose them and could be removed by them. They were, in a meaningful sense, representatives of the magistracy. The MLE is not. Its members are selected through a process that the public cannot observe by a panel whose composition is not published, appointed by the Lord Chief Justice on the advice of the Senior Presiding Judge. Their continuance in office depends on the SPJ's satisfaction. Their terms of reference can be altered or terminated by the SPJ.  


The logic offered for this arrangement was that the  'status' as above was enhanced in dealings with HMCTS  via the  judiciary and by default to government.  It might be noted in passing that an institution which can only acquire status by surrendering democratic accountability has a somewhat complicated relationship with the concept of representation. It is either a sophisticated constitutional argument or an admission that the independence of the magistracy's leadership was deliberately curtailed to make it more pliable. Readers may form their own view. Beneath all the gentlemanly toing and froing  there is under it all a political conjurer`s sleight of hand argument: it concedes, without apparently meaning to, that the MLE's authority flows downward from the judiciary, not upward from the magistracy. 


Three magistrates have held the post of National Leadership Magistrate. Jo King JP was the first, appointed July 2018. She had been the moving force behind the proposals that created the role she then took up; a sequence of events that should at minimum have prompted independent scrutiny of the appointment process and evidently did not.  Duncan Webster OBE JP succeeded her in 2019. His tenure was characterised by an accessible public presence; committee appearances, conference speeches, extensive correspondence with bench chairs  and by one episode that demands examination at greater length than it normally receives.  In January 2022 following the extension of magistrates' maximum custodial powers to twelve months significant criticism was directed at the magistracy from elements of the legal profession. Webster's response was to write to all magistrates. He had spoken, he told them, to the Lord Chief Justice. They had concluded together that it would not be 'appropriate nor dignified' for the magistracy to respond publicly. The Lord Chief Justice was, he added, confident that magistrates would exercise their powers responsibly.


Let us be precise about what happened here. The nominally unelected independent leader of the magistracy consulted the most senior professional judge in the land and then wrote to 13,000 unpaid members of the part time lay magistracy to instruct them not to speak. That instruction was issued in the name of representation. Its content was suppression.


The current National Leadership Magistrate is Alexia Fetherstonhaugh JP appointed by Lady Chief Justice Carr on the advice of Lord Justice Green with a term running to December 2026. Her deputy is Emily Aitken-Fell JP. Nine regional and specialist positions complete the current complement of twelve. Their names are now published on the judiciary website. Whether the magistrates in their regions know who they are, or what they do, is a different question.


For the record below is the current membership of the MLE (as published on the Judiciary website, 2026)

Alexia Fetherstonhaugh JP, National Leadership Magistrate

Emily Aitken-Fell JP, Deputy National Leadership Magistrate

Sara Brown JP, London Regional Leadership Magistrate

Clare Sawdon MBE DL JP, Midlands Regional Leadership Magistrate

Sharon Gould JP, North East Regional Leadership Magistrate

Kulvinder Panesar JP, North West Regional Leadership Magistrate

Jacky Froggatt JP, South East Regional Leadership Magistrate

Thura KT Win JP LLM FCMI MCIArb, South West Regional Leadership Magistrate

Lisa Gerson MBE JP, Wales Leadership Magistrate

Dippy Kharaud JP, Lead Diversity and Community Relations Magistrate

David Browne JP, National Digital Lead

Nigel Woodley JP, Deputy National Digital Lead Judiciary


The MLE's stated functions sound substantial: supporting the governance of magistrates' courts, working with HMCTS and the MOJ, providing leadership support to Presiding Judges and bench chairs, sharing guidance and best practice. In practice these functions resolve into something more modest. Regional leadership magistrates sit on Judicial Business Groups where they are one voice among professional judicial and administrative voices, advising the Presiding Judge. They communicate guidance downward to bench chairs. They relay concerns upward to the Magistrates' Liaison Group which is chaired by the Senior Presiding Judge and includes HMCTS officials. They have no budget, no disciplinary powers and no executive authority over any part of the system.


Their power is limited to three categories. First, consultation responses participating in reviews, submitting evidence and  attending hearings. Second, internal communications;  the mechanism by which the Lord Chief Justice's views reach all magistrates, as the 2022 episode above  illustrated. Third, strategic planning:  the MLE produced a Strategy for the Magistracy for the period 2019 to 2022, endorsed by the Lord Chief Justice and then decided not to make it publicly available; a detail of almost satirical aptness for a body whose defining characteristic is the management of information.  Recent developments suggest that HMCTS's programme of digital transformation is now formally within the MLE's ambit. Whether this represents a genuine voice for magistrates in the digitisation process or an additional channel through which digitisation policy is transmitted to the benches, remains to be seen.


The Magistrates' Association has  stated publicly and repeatedly that the MLE lacks legitimacy, that its members should be elected and that in its present form it is not a meaningful voice for the magistracy. The MA believes that elections, not selections, will ensure accountability.


It is unsurprising that relationships between the MLE and the Magistrates Association have not been without friction.  This blogger has not infrequently commented upon the latter organisation`s tendency to parrot government initiatives with nary a criticism and to question whether it truly represents the views of its members never mind the magistracy as a whole.  In 2025 a formal governance consultation sought views on the future structure of magistracy leadership. The MLE submitted its response included in which was a proposal to expand its own membership and to remove the MA from regional governance structures. The MA's reaction was restrained but unmistakable.  It was not unexpected therefore that the MA has opined that they risked weakening the independent voice of magistrates. They prioritised the expansion of the appointed body at the expense of the elected one.  Undoubtedly the net effect of the proposal, if implemented, would be to further concentrate the formal representation of the magistracy in a body accountable to the judiciary while reducing the influence of the body accountable to magistrates themselves. This would complete a logic that has been present in the structure since 2018 building further on increased emasculation of an independent magistracy in the decade previously. 


Last week I commented on the Courts and Tribunals Bill 2026.   This is arguably the most consequential legislation affecting the magistracy in a generation. To its credit the Magistrates Association has been engaged, articulate and specific. Its national chair has given evidence, issued public statements and pressed a clear position, broadly supportive of the direction but insistent on resources. Magistrates' courts face genuine bottlenecks; insufficient legal advisers, insufficient probation presence, insufficient courtroom capacity. The reforms will only work if those bottlenecks are addressed. This is a serious argument, made seriously, in the right forums. By contrast the MLE has not, in any traceable form, said anything about any of it.



The Senior Presiding Judge cannot comment (publicly) on legislation before Parliament. The National Leadership Magistrate reports to the Senior Presiding Judge. The NLM's ability to speak publicly on matters before Parliament is therefore constrained by the same conventions that constrain the judiciary. At precisely the moment when the magistracy most needs a leadership with a public voice;  at the moment of its greatest political significance in twenty years the body formally appointed to provide that leadership is constitutionally forbidden from providing it.  Silence has spoken. 


The MLE is best understood not as a standalone curiosity but as one episode in a longer process. Across the 21st century the independence of the magistracy has been progressively diminished. Half the country`s magistrates courts have closed. Administrative functions once managed locally by bench committees are now controlled by HMCTS. The role of the justices' clerk,  the independent legal adviser whose presence once provided a meaningful check on institutional pressure,  has been weakened by structural changes to the legal adviser function. The governance of the magistracy itself has been transferred from an elected body to an appointed one that reports to the professional judiciary. Each of these changes has been presented as modernisation.


I have no reason to believe that  individual members of the MLE are not, by all available evidence, dedicated, capable and well-intentioned. This post is not directed at them. It is directed at the structure they inhabit and the interests that structure serves. Whether or not it also serves their individual egos and ambitions is not for me to opine.  My personal involvement as a magistrate began just prior to the dying embers of the ancient regime finally being  extinguished.  Soon there will be few of my former colleagues who will have a memory of how things used to be.  The mantra of local justice for local people now has reduced substance with 300 or so active professional District Judges[MC] or Deputies employed by HMCTS. 


There are some who question the continued longevity of the institution of lay justices.  However until the day comes when this country can afford the increased costs of an estimated 700-1,000  full time salaried only judiciary for the lower [soon to be lowest?]court  i.e. District Judges,  the magistracy is likely to remain as an institution where over 90% of criminal cases are completed despite many within the legal profession hoping otherwise.  The MLE cannot protect or articulate that principle because the terms of its existence prevent it from doing so. It cannot advocate independently. It cannot speak to Parliament. It cannot challenge HMCTS publicly. It cannot even claim to speak for those it represents because those people never chose it.


Lay justice in England and Wales is not dead. It is alive in the daily work of every bench. But the governance of lay justice,  the structures that are supposed to give magistrates a voice, has been captured. The MLE is the evidence for that capture, clearly visible to anyone who cares to look.


Those who govern us are addicted to secrecy.  We read and hear about it every day. Tribunals, hospitals, charities, police, supposed independent inquiries etc etc etc.  The delegated guardians of our well being; the bodies charged with supervising the supervisors have that similar common theme.  Until that mentality of government changes the MLE will fall into line.  The question is whether anyone in a position to change it is willing to do so. The evidence so far is not encouraging.










Tuesday, 2 December 2025

ARE LES MISERABLES WAITING FOR US?



My post last week began with an extract from the Gettysburg Address.  To avoid repetition I repeat that opening. Constitutional experts have written millions of words on what are the prerequisites for a successful government.  These can be funneled into two requirements:  sovereignty and commanding public confidence.  The former emanates from the people and it must secure the sovereignty of the State and the integrity of the national territory.  The latter requires leadership that can command the confidence and trust of key stakeholders and the public. From them  follows a system of laws that dictates the extent of government powers and the rights of citizens providing a predictable and stable environment.


However in a democratic society these foundations cannot be  powerful enough on their own without trust in the government by those who voted them into power.  


Since 2010 the system of justice in this country has been decimated by intent and largely ignored by parliamentary oppositions and media.  The only aspect which gained attention has been the consideration for victims.  As a cynical observer I would opine that these innovations have been as much about persuading the public that government was on the side of the people.  However this government and the current holder of  the boss of this department must be neck and neck with failing Grayling  Justice Secretary September 2012 – May 2015  as the most incompetent not to be trusted Secretaries this century.  


There are arguments for restricting trials by jury but none is as obtuse as the claim that it will better the chances of victims having their day in court.  Crown courts operating today can be found here.  This site does not indicate how many courtrooms are actually closed.  Information on the backlog is available here


Judges have been restricted on their total number of sitting days as a direct matter of government policy.  Lammy is being shown to be as trustworthy as a £3 pound note.  When in opposition he was a strong defender of jury trials describing them as "fundamental" to the justice system and a "filter for prejudice". He specifically stated that "Criminal trials without juries are a bad idea".  Although District Judges [magistrates court] have been sole arbiters as fact finders and sentencers every decision can be appealed without undue formality that will not be the case in Crown Court where the appeal process requires expertise. Presiding magistrates surely have enough experience to sit with a judge as assessors as they do with appeals from magistrates courts. Removing all either way matters would also reduce the crown court burden.  


The Tory and coalition governments deliberately salami sliced the justice system in all aspects from police numbers to prison spaces.  They got away with this predation with the silent acquiescence of Labour Party.  Lammy being in his post is expediency over good sense, a faculty lacking in 10 Downing Street overwhelmed by political inertia as a result of Marxist wolves in Labour sheeps` clothing threatening to blow the house down [please excuse the mixed nursey tales]. 


Rachel Reeve`s proven lying on her CV gives little confidence in anything she now tells us. Rome wasn`t built in a day and its final sacking took a bit longer: the Vandals sack of Rome (455 AD) lasted for two weeks, from June 2 to June 16.  But the cracks in the imperial edifice were apparent many years earlier. We are now in that preparatory period when extremists are trying to offer to us that which democratic rule has failed.


The barricades are being assembled mentally if not yet physically as in Paris in 1848.   


I am leaving in a few days to attend a wedding in Sri Lanka.  So I  wish my reader a merry Christmas and a happy new year.

Tuesday, 24 June 2025

HINDSIGHT AND FORESIGHT



Recent public awareness has prompted more articles and social media comments on the appalling delays facing defendants awaiting trial or even in some cases hearings at magistrates courts.  Perhaps I`ve got the cart before the horse and it is the media which has prompted that awareness.  With some cases being adjourned for 12 months or more our lower court system resembles that of a third world nation.  With that in mind I have copied below some tiny proportion of the interesting matters which came my way in the last year or two of my magisterial career......those were the days......................
 

 

 

 

Ministry of Justice


RtHon

Damian Green MP Minister of State for Policing and Criminal  Justice

102 Petty France London. SW1H 9AJ

 

E  general.queries@justice.gsi.gov.uk www.justice.gov.uk

 

 

 

 

3 0 AUG 2013


 

 

 

 


 

 

 
I am pleased to be writing to all 23,500 magistrates in the country about a new piece of work I have launched which I hope will strengthen and widen your role.

 

When we began to think about the role of magistrates, as part of our wider reforms of the criminal justice system, I was adamant that we should involve magistrates themselves as early as possible in shaping our reforms.  I want your thoughts and ideas to be at the heart of our policy.

 

Last week I launched the work at an event in London which will be the first of a series of engagement events where we will be speaking to magistrates directly to get their ideas about what the role of magistrates should be in the 2151 Century.      I asked delegates to consider and discuss three key questions:

 

1.      How do we ensure that magistrates deal with the right cases in court?

2.  How can magistrates play a stronger role in the community?

3.  How can we ensure that Magistrates are in the driving seat of improving performance of the justice system in their communities?

 

I was extremely pleased that the event was so well attended by magistrates and to hear their very constructive engagement and discussion.

 

The rate at which places on these events were taken shows to me that there is a huge appetite among you to engage in this process, and that is why it is

important that we engage in as many different ways as possible, to capture your

views.  I want you to have discussions in your local courts about this work, and talk through some of the questions and ideas with your colleagues.  You can feed your ideas back through HMCTS.


Also, as part of this process, I have also launched, for the first time, an exciting online tool that will allow you to put forward ideas on how magistrates can become more involved in your communities to make them safer.  Crucially the tool will allow you to collaborate and develop these ideas so we can come up with a shared solution.  You can access the tool at the following link: http://775.dialogue-app.com/xkvzd0v27c.

 

The results of the sessions, your discussions, and the ideas we have received online will be fed in to a public consultation later in the year, where you will get a further opportunity to comment.

 

A copy of the speech is available for you to view at: https://www.gov.uk/governmenUspeeches/the-role-of-magistrates

 

I look forward to seeing your contributions.

 

 

 

 
 

Rt Hon Damian Green MP

 

 ........................................................................................................................................................................................................

 




 

xxxxxxxxxxxxxx




www.justice.gov.uk

 

 

 

 

Confidential

 

 

To: All Justices assigned to the Justice Area

 


 

 

 

 

12 May 2014

 

Dear Justice,

 

Low-value shoplifting cases- changes made by the Anti-social Behaviour, Crime and Policing Act 2014

 

The Anti-social Behaviour, Crime and Policing Act 2014 has made changes to the way that courts deal with low-value shoplifting cases, which come into force on the 13 May 2014 and will apply to offences committed on, or after that day.

 

In short the change introduces a new category of theft (low value-shoplifting) which is triable only summarily, except where a defendant chooses to be tried by a jury

 

The attached guidance seeks to provide an outline of the changes.

 

Members of the legal team have been briefed on the changes.

 

 

Yours sincerely,

xxxxxxxxxxx

 .................................................................................................................................................................... 

HM Courts & Tribunals Service

 

xxxxxxxxxxxxxxxxx


www.justice.gov.uk

 

 

 

 

Confidential

 

 

To: All Justices assigned to the Justice Area

 

 

 

 

 

 

 

 

 

7 May 2014

 

  

Dear Justice,

 

There are a number of matters that I would like to draw to your attention.

 

Applications Court at the xxxxxxxxx courthouse from the 6 May 2014

 

The Judicial Leadership Group has agreed to the establishment of an Applications Court each day of the week at xxxxxxx from the 6 May from 9.30am until 10am in court number 1.

 

The court will deal with statutory declarations, s.142’s, utilities warrants and search warrants. Its aim is to provide a better service to court users and reduce the time taken to deal with such applications at 10am in the trial courts.

 

The procedure will be that a legal adviser will attend the second floor retiring room and ask a magistrate to deal with the applications; where there are utilities warrant applications the legal adviser will ask more than one magistrate to consider the applications.   

 

Revised case management form

 

A revised case management form has been approved by the Lord Chief Justice and is now in use. It is called a preparation for effective trial form (copy attached), copies have been placed in the courtrooms. I have also outlined a summary of the changes which I have attached. One of the changes allows sufficient space to timetable and record the time directed by the court for evidence in chief and re-examination (complying with the case of Drinkwater).

 

Sexual Offence Guideline

 

The Sentencing Council has issued a definitive guideline on Sexual Offences, which came into effect on the 6 April 2014 and applies to offenders aged 18 and above. Hard copies of the guideline have been left in the second floor retiring room at xxxxxxx and copies are in the courtrooms. Alternately copies may be downloaded from the Judicial College website:-www.sentencingcouncil.org.uk.

 

Environmental offences sentencing guidelines

 

The definitive guideline on sentencing environmental offences has also been published and comes into force on the 1 July 2014.It is applicable to all offenders aged 18 and older and organisations. I will ask the BST to advise the bench when hard copies are sent to us by the Judicial College(there is also a Definitive Guideline-Environmental Offences on the Judicial College website).I have also attached an outline of the guidance.

 

Domestic Violence Protection Notices and Domestic Violence Protection Orders

 

In November the Home Secretary announced her intention to roll out nationally Domestic Violence Protection Orders across England and Wales from 8 March 2014.

 

Domestic Violence Protection Orders(DVPOs’) are a new power introduced by the Crime and Security Act 2010, and enable the police to put in place protection for a

victim in the immediate aftermath of a domestic violence incident. Under DVPOs, the person concerned can be prevented from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim a level of breathing space to consider their options, with the help of a support agency. This provides the victim with immediate protection. Where appropriate, the process can be run in tandem with criminal proceedings.

 

DVPOs’ are civil matters, the CPS will not be involved and the matter will be dealt with either by a police officer/member of police staff, or a lawyer instructed by them. Hearsay evidence will be admissible. In order to make an order the court must be satisfied on the balance of probabilities. Where there is a breach of an order the criminal standard will be applicable and if proved the respondent may be fined up to £50 for every day he/she is in breach, or a sum exceeding £5,000,or committed to custody for not more than 2 months.

 

We have been advised that police forces will have processes in place no later than June 2014.Part of the bench meeting on the 10 June will be devoted to a domestic violence update, which will cover DVPOs’.

Sentencing for theft offences – consultation launched on sentencing guidelines

As mentioned in the bench newsletter the Sentencing Council has launched a 12-week consultation on its proposed guidelines for judges and magistrates to use when sentencing people for theft offences. To find out more about the consultation exercise please go to the Sentencing Council website. The consultation on the draft guideline is open from 3 April 2014 to 26 June 2014.

BTDC Local Training Programme 2014/2015

 

The BTDC has agreed, in conjunction with the Bench Chairman and panel chairmen, to produce an annual xxxxxx Local Training Programme (attached) it seeks to incorporate training needs that have been identified by it/brought to its attention.

 

The BTDC chairman would welcome feedback on the programme.  

 

 

Yours sincerely,

xxxxxxxxxxx

 

 .....................................................................................................................................................................................................

 


 

DJC guidance note-1/2014:-Use of I.T in magistrates courts

Guidance to magistrates on accessing information relevant to court proceedings and the use of personal technology in magistrates’ courts

 

In June 2011 and May 2012 the Senior Presiding Judge issued guidance to magistrates on accessing information relevant to court proceedings and using internet social networks.

The guidance provides that:-

·         The accessibility of information can put at risk the fairness of the judicial process in the crown and magistrates courts;

 

·         It is appropriate to use personal technology(laptops,netbooks,mobile phones,e-readers and tablet computers) to access public and non-sensitive material in court ,for example Sentencing Council publications,protocols,guidance documents and the Judicial College Bench Books;

 

·         It is not appropriate for magistrates to conduct internet, or other research into cases they are to hear, on issues arising within cases, or into people involved in cases, so for example accessing Google to find out supplementary information not presented by the parties would be inappropriate. This applies whether a magistrate is at court, or elsewhere, as to undertake private research could compromise judicial impartiality;

 

·         Magistrates may not make notes of cases on personal technology. Even if everything is typed and is deleted ,the information is still accessible for some time and presents a security risk;

 

·         Magistrates may make use of laptops,Blackberries,I-phones,or other IT devices to communicate with others when out of the courtroom when no court related business is being conducted, or is due to be conducted. Magistrates may use personal IT devices during the lunch period, during significant breaks in proceedings, or at the end of the court session;

 

·          It is not appropriate to use portable devices to communicate with others when sitting in court (texting/accessing emails/taking and making calls in court is forbidden), or when conducting any court business, which includes a pre-court briefing and post-sitting review. Professional perceptions of the bench in court are so important and magistrates should be seen to be focusing on the issues before the court;

 

·         Magistrates should also take care if using social networking sites and should consider whether to allow open access to personal information, or their Facebook “wall”.

 

xxxxxxxxxx

 3 April 2014

....................................................................................................................................................

 



The letter and comments from one of literally dozens of Secretaries and Ministers at the Ministry of Justice 2010-2024 could probably have been sent any year of that Tory/Coalition rule. The wordsmiths at Petty France have first class expertise in cut and paste. The document from 7th May is of a more serious nature. I have copied below a relevant extract from above.

Applications Court at the xxxxxxxxx courthouse from the 6 May 2014

 

The Judicial Leadership Group has agreed to the establishment of an Applications Court each day of the week at xxxxxxx from the 6 May from 9.30am until 10am in court number 1.

 

The court will deal with statutory declarations, s.142’s, utilities warrants and search warrants. Its aim is to provide a better service to court users and reduce the time taken to deal with such applications at 10am in the trial courts.



Note the time to be allocated to the Applications Court; 30 minutes and the various applications to be considered in that time frame. Some readers might recollect the scandal of utility companies` harsh and perhaps illegal treatment of customers who had become in debt to their energy supplier.  The scandal was a direct result of applicants` requirement for sincere judicial involvement being sacrificed for time limited allocations.  To those who want to fully appreciate the iniquities of this policy please type "utilities" in the search box.
It`s an interesting speculation that having established the principle of a single magistrate presiding at the applications court that a single magistrate could preside at low level cases many being those where strict liability applies.  And so the idea of the Single Justice Procedure was likely to have been born; an idea now in its tenth year of operation and which has proved to be as contrary to the concept of justice as the utilities fiasco.  


Domestic Violence Protection Notices I would argue look better in print than in the future practice we have seen over the last decade or so.  



 

The DJC guidance note-1/2014:-Use of I.T. in magistrates courts [above] has much to commend it and is the basis for the updates since 2014. However there is a simple or apparently simple aspect or anomaly which could also be applied to juries:- namely if a magistrate or juror expert in his/her own field eg medical, anthropological, geographical etc etc is 100% certain of lies or misinformation spoken or presented by a witness or defendant is s/he not obliged to inform his/her colleagues?  Indeed I followed my own advice on one occasion and told my two colleagues that a defendant's statement was totally untrue based on the fact that my colleagues knew the area and depth of my expertise.  If that information had been gained by investigating a  3rd party source it would have been clearly in breach of the guidance but personal exchanges.........??


There are visions for the future or foresight and there is hindsight. A wise person or organisation uses the latter better to inform the former. 


 
 ADDENDUM  24TH JUNE 2025

 

Blogging by Judicial Office Holders

 

 

Introduction

This guidance is issued on behalf of the Senior Presiding Judge and the Senior President of Tribunals. It applies to all courts and tribunal judicial office holders in England and Wales, and is effective immediately.

 

Definitions

A “blog” (derived from the term “web log”) is a personal journal published on the internet.  “Blogging” describes the maintaining of, or adding content to, a blog.  Blogs tend to be interactive, allowing visitors to leave comments. They may also contain links to other blogs and websites. For the purpose of this guidance blogging includes publishing material on micro-blogging sites such as Twitter.

 

Guidance

Judicial office holders should be acutely aware of the need to conduct themselves, both in and out of court, in such a way as to maintain public confidence in the impartiality of the judiciary. 

Blogging by members of the judiciary is not prohibited. However, officer holders who blog (or who post comments on other people’s blogs) must not identify themselves as members of the judiciary.  They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.  

The above guidance also applies to blogs which purport to be anonymous. This is because it is impossible for somebody who blogs anonymously to guarantee that his or her identity cannot be discovered.

Judicial office holders who maintain blogs must adhere to this guidance and should remove any existing content which conflicts with it forthwith. Failure to do so could ultimately result in disciplinary action. It is also recommended that all judicial office holders familiarise themselves with the new IT and Information Security Guidance which will be available shortly. 

 

Any queries about this guidance should be directed to Simon Parsons at Judicial Office - Tel: 0207 073 4811 Email: simon.parsons@judiciary.gsi.gov.uk   

 


ADDENDUM 25TH JUNE 2025

In the light of proposals for a new tier of courts between magistrates and crown courts this document from 2013  might of interest.


Senior Presiding Judge’s Magistrates’ Liaison Group, January 2013

Judges sitting with Magistrates

1. There are, occasionally, advantages to a DJ (MC) sitting with Magistrates in a bench of three.

2. Without being unduly proscriptive, such occasions include the following:

(i) The improvement of Magistrates’ case management skills;

(ii) Fostering a culture of collegiality;

(iii) Dealing with the situation which has arisen where a DJ (MC’s) list has collapsed, so avoiding all three Magistrates (perhaps already at Court) being deprived of sittings.

3. With regard to 2(iii) above, sitting as a Bench of three can do much to obviate the frustration the disappointed Magistrates might otherwise feel and should serve to improve relations between the DJ (MC) and the local Magistracy.

4. It is not to be anticipated that there will be many sittings of a Bench of three. Such sittings require local agreement of those concerned (the DJ, magistrates and Justices’ Clerk).

5. The following principles apply to sittings of a Bench of three:

 The District Judge (Magistrates’ Courts) chairs the bench.

 Joint decision making applies; even if the DJ (MC) is in the minority, the majority view prevails.