D O C U M E N T IS T H E P R O P E R T Y O F HER B R I T A N N I C M A J E S T Y ' S
C. ( 6 5 ) 1 7 4
7th D e c e m b e r ,
GOVERNMENT)
C O P Y NO. ^
66 1965
CABINET
T H E T R A I N I N G O F J U S T I C E S O F T H E P E A C E IN E N G L A N D
A N D W A L E S A N D T H E POSITION OF E X - O F F I C I O
J U S T I C E S O F THE P E A C E ; D R A F T W H I T E P A P E R
M e m o r a n d u m by the Lord
Chancellor
A t t h e i r m e e t i n g on 3 r d D e c e m b e r t h e H o m e A f f a i r s C o m m i t t e e
h a d b e f o r e t h e m a d r a f t of a v/hite P a p e r on t h e T r a i n i n g of J u s t i c e s of
the P e a c e i n England and W a l e s and a p p r o v e d the d r a f t f o r p u b l i c a t i o n ,
s u b j e c t t o t h e c o n c u r r e n c e of t h e C a b i n e t .
The d r a f t White P a p e r is
annexed to this m e m o r a n d u m .
A t t h e m e e t i n g of t h e H o m e A f f a i r s
C o m m i t t e e I m e n t i o n e d t h a t , a t t h e r e q u e s t of t h e S c o t t i s h H o m e a n d
Health D e p a r t m e n t , I would m a k e c e r t a i n m i n o r v e r b a l a m e n d m e n t s to
the d r a f t to m a k e it c l e a r that the G o v e r n m e n t s d e c i s i o n s c o n v e y e d
t h e r e i n a p p l y only to England and W a l e s ; t h e s e w i l l be m a d e in the
printed text.
2.
A s l o n g a g o a s 1 9 4 8 t h e R o y a l C o m m i s s i o n o n J u s t i c e s of t h e
P e a c e * r e c o m m e n d e d t h a t J u s t i c e s on f i r s t a p p o i n t m e n t , a n d J u s t i c e s
who a r e appointed to J u v e n i l e C o u r t P a n e l s , should be r e q u i r e d to
undertake some training.
T h e National A d v i s o r y Council on the
T r a i n i n g of M a g i s t r a t e s , w h i c h w a s a p p o i n t e d in J u n e 1 9 6 4 b y m y
p r e d e c e s s o r to a d v i s e h i m in r e g a r d t o a l l m a t t e r s r e l a t i n g to t h e
t r a i n i n g of l a y J u s t i c e s of t h e P e a c e , h a s n o w a d v i s e d m e t o g i v e
e f f e c t t o t h e R o y a l C o m m i s s i o n s r e c o m m e n d a t i o n s and I p r o p o s e t o
a c c e p t t h i s a d v i c e ; t h i s i s t h e p u r p o s e of t h e p r o p o s e d W h i t e P a p e r .
3.
A l l t h o s e w h o h a v e h a d t o c o n s i d e r t h e t r a i n i n g of l a y J u s t i c e s
of t h e P e a c e h a v e h a d t o f a c e t h e p r o b l e m of t h o s e p e r s o n s w h o b e c o m e
J u s t i c e s b y v i r t u e of h o l d i n g s o m e o t h e r o f f i c e , a.nd i n p a r t i c u l a r t h o s e
w h o a r e e l e c t e d t o v a r i o u s locs.1 g o v e r n m e n t o f f i c e s ( M a y o r s of
B o r o u g h s a n d C h a i r m e n of C o u n t y a n d U r b a n and R u r a l D i s t r i c t
Councils).
A l i s t of t h e s e p e r s o n s i s a p p e n d e d ; t h e y a m o u n t i n a l l t o
a b o u t 2 , CCO p e r s o n s i n E n g l a n d a n d W a l e s , w h i c h c o m p a r e s w i t h t h e
1 6 , 4 0 0 J u s t i c e s on t h e A c t i v e L i s t w h o h a v e b e e n a p p o i n t e d b y n a m e .
T h e R o y a l C o m m i s s i o n r e c o m m e n d e d ^ T h a t C h a i r m e n of C o u n t y a n d
U r b a n and R u r a l D i s t r i c t C o u n c i l s should c e a s e to be J u s t i c e s e x - o f f i c i o
but t h a t a M a y o r , b e i n g t h e s y m b o l of t h e c o r p o r a t e c h a r a c t e r of t h e
B o r o u g h a n d h a v i n g h a d f o r c e n t u r i e s t h e d u t y of k e e p i n g t h e p e a c e ,
s h o u l d c o n t i n u e t o b e a J u s t i c e d u r i n g h i s t e r m of o f f i c e .
The R o y a l
C o m m i s s i o n a l s o t h o u g h t t h a t P r i v y C o u n c i l l o r s and o t h e r "high o f f i c e r s "
should r e m a i n J u s t i c e s e x - o f f i c i o both b e c a u s e t h e y do not often act a s
J u s t i c e s in f a c t and b e c a u s e t h e y g e n e r a l l y held office f o r life o r at
l e a s t f o r a s u b s t a n t i a l p e r i o d of t i m e .
*
Cmd.
7 4 6 3 ( 1 9 4 8 ) P a r a g r a p h s 8 8 - 9 2 a n d 1 9 7 - 199.
f
Paragraph
159
-1­
4.
M o s t of t h o s e w h o g a v e e v i d e n c e t o t h e R o y a l C o m m i s s i o n
t h o u g h t t h a t a t l e a s t s o m e of t h e J u s t i c e s e x - o f f i c i o , s h o u l d b e a b o l i s h e d ,
b u t , i n s p i t e of t h e w e i g h t of o p i n i o n a g a i n s t t h e r e t e n t i o n of l o c a l
a u t h o r i t y of J u s t i c e s e x - o f f i c i o , t h i s r e c o m m e n d a t i o n of t h e R o y a l
C o m m i s s i o n w a s n o t i m p l e m e n t e d i n t h e J u s t i c e s of t h e P e a c e A c t ,
1 9 4 9 ; a n d i n d e e d t h e G o v e r n m e n t r e s i s t e d , in t h e p a s s a g e of t h e B i l l
t h r o u g h P a r l i a m e n t , a n a t t e m p t t o a b o l i s h e x - o f f i c i o J u s t i c e s on t h e
g r o u n d s that nothing should be done which m i g h t affect the p r e s t i g e and
s t a t u s of l o c a l a u t h o r i t i e s a t a t i m e w h e n t h e w h o l e f u t u r e s t r u c t u r e of
l o c a l g o v e r n m e n t w a s about to be r e v i e w e d .
5.
I a m , h o w e v e r , f i r m l y of t h e o p i n i o n t h a t i t i s i n t h e i n t e r e s t s
of t h e a d m i n i s t r a t i o n of j u s t i c e t h a t n o p e r s o n s h o u l d b e c o m e a
M a g i s t r a t e s o l e l y b y v i r t u e of h o l d i n g s o m e o t h e r n o n - j u d i c i a l o f f i c e .
Only t h o s e p e r s o n s who a r e b e s t qualified to a d m i n i s t e r j u s t i c e should
b e a p p o i n t e d to the Benchi- and it d o e s not f o l l o w that b e c a u s e a p e r s o n
h o l d s s o m e o t h e r o f f i c e , s u c h a s t h e C h a i r m a n s h i p of a l o c a l a u t h o r i t y ,
h e i s n e c e s s a r i l y b e s t f i t t e d f o r t h e w o r k of a M a g i s t r a t e .
Such a
p e r s o n , if h e i s i n f a c t s u i t a b l e f o r t h e B e n c h , s h o u l d b e c o n s i d e r e d f o r
appointment together with other candidates, under the n o r m a l
p r o c e d u r e f o r t h e s e l e c t i o n of J u s t i c e s .
6.
N o w t h a t I w i s h t o i n t r o d u c e t h e c o m p u l s o r y t r a i n i n g of J u s t i c e s ,
s e t o u t i n t h e W h i t e P a p e r , t h e e x i s t e n c e of e x - o f f i c i o J u s t i c e s b e c o m e s
even l e s s justifiable.
M y c o l l e a g u e s on t h e H o m e A f f a i r s C o m m i t t e e
a g r e e d t h a t i n g e n e r a l t h e a b o l i t i o n of J u s t i c e s w h o s e r v e d o n l y b y
v i r t u e of l o c a l g o v e r n m e n t o f f i c e w o u l d b e a c c e p t a b l e , p r o v i d e d t h a t i t
was applied throughout local government.
7.
T o a b o l i s h t h e e x - o f f i c i o J u s t i c e s of t h e P e a c e w i l l r e q t v i r e
l e g i s l a t i o n and I a p p r e c i a t e that it m a y w e l l not be p r a c t i c a b l e to
i n t r o d u c e t h i s in t h e p r e s e n t S e s s i o n .
8.
S u b j e c t t o t h e C a b i n e t ' s a p p r o v a l of t h e W h i t e P a p e r , I h a v e
a r r a n g e d w i t h t h e L o r d P r e s i d e n t t o p u b l i s h i t on t h e 2 2 n d D e c e m b e r .
9 .
I invite the Cabinet
­
( a ) t o a p p r o v e t h e p u b l i c a t i o n of t h e a t t a c h e d W h i t e
P a p e r , s u b j e c t to the f o r m a l a m e n d m e n t s m e n t i o n e d
a b o v e ; and
(b)
t o a p p r o v e t h e i n t r o d u c t i o n of l e g i s l a t i o n a t a n e a r l y
d a t e t o a b o l i s h J u s t i c e s of t h e P e a c e e x - o f f i c i o .
L o r d C h a n c e l l o r ' s O f f i c e , S. W, 1.
7th December,
1965
-2-
ANNEX
CO':.
r:,.\L
-a c
1 0 THE TRAINING- OF JUSTICES OP THE PEACE
IN EN6LAND AND WALES
I
INTRODUCTION
J u s t i c e s of t h e P e a c e h a v e a d m i n i s t e r e d j u s t i c e i n t h i s c o u n t r y
more t h a n 600 y e a r s .
for
I n a d d i t i o n t o t h e c r i m i n a l j u r i s d i c t i o n which t h e y
have l o n g e x e r c i s e d , o t h e r d u t i e s have been l a i d upon them o v e r t h e y e a r s .
U n t i l t h e l a s t q u a r t e r of t h e n i n e t e e n t h Century t h e y were r e s p o n s i b l e
t h e l o c a l government i n e v e r y c o u n t y .
The i n s t i t u t i o n of e l e c t e d
c o r p o r a t i o n s and t h e b i r t h of l o c a l government a s we now know i t
for
county
removed
from t h e J u s t i c e s most of t h e i r a d m i n i s t r a t i v e f u n c t i o n s , b u t s i n c e t h a t
t i m e t h e r e has been a s t e a d y growth of crime and an e v e r
increasing
r e g u l a t i o n of a f f a i r s by s u c c e s s i v e Governments t h r o u g h l e g i s l a t i o n .
of t h i s l e g i s l a t i o n h a s imposed on t h e J u s t i c e s new r e s p o n s i b i l i t i e s
has extended t h e i r j u r i s d i c t i o n .
forbears
Much
and
A h o s t of o f f e n c e s unknown t o t h e i r
have been c r e a t e d , n o t a b l y i n r e l a t i o n t o r o a d t r a f f i c ,
while the
a v a i l a b i l i t y of L e g a l A i d p a r t i c u l a r l y i n d o m e s t i c p r o c e e d i n g s h a s n o t
only
added t o t h e number o f c a s e s coming b e f o r e t h e C o u r t s b u t has tended t o
e x t e n d t h e l e n g t h of t i m e t a k e n t o h e a r each c a s e .
t h a t , i n t h e c i t i e s and boroughs e s p e c i a l l y ,
This h a s had t h e
result
t h e number of a t t e n d a n c e s which
i n d i v i d u a l J u s t i c e s a r e c a l l e d upon t o make has g r e a t l y i n c r e a s e d and i s
s t i l l increasing,
2.
and -bhat t h e s i t t i n g s t h e m s e l v e s a r e becoming l o n g e r .
The J u s t i c e of t h e P e a c e t o d a y has t o d e v o t e more t i m e t h a n e v e r b e f o r e
t o a d m i n i s t e r i n g a l e g a l s y s t e m which i s a t once f a r more s o p h i s t i c a t e d and
f a r more d e t a i l e d t h a n a n y t h i n g w i t h which h i s p r e d e c e s s o r s had t o d e a l .
3.
I n r e c e n t y e a r s , m o r e o v e r , an e v e r i n c r e a s i n g i n t e r e s t has been t a k e n
i n t h e t r e a t m e n t of o f f e n d e r s .
This i s due t o a d e s i r e i n t h e f i r s t
t o e n s u r e t h a t l a w - b r e a k e r s a r e d e a l t w i t h i n t h e most e f f i c a c i o u s
place
manner
from t h e p o i n t o f v i e w b o t h of t h e o f f e n d e r and of t h e community, and
s e o o n d l y t o a c h i e v e , a s f a r a s p o s s i b l e , a measure of c o n s i s t e n c y i n d e a l i n g
with s i m i l a r
4.
offences.
To c a r r y o u t t h e s e v a r i e d and onerous d u t i e s we s t i l l r e l y upon t h e
o r d i n a r y men and women of t h i s c o u n t r y .
To t h i s t a s k t h e y have b r o u g h t
commonsense, sympathy and a wide e x p e r i e n c e of l i f e
and of a f f a i r s .
them a r e l a w y e r s and i t would now be i m p r a c t i c a b l e and, i n d e e d ,
Pew of
undesirable,
t o s e e k t o r e p l a c e our l a y m a g i s t r a t e s by a p r o f e s s i o n a l and s t i p e n d i a r y
system.
5.
Nevertheless,
h a v i n g r e g a r d t o t h e i n c r e a s e i n t h e i m p o r t a n c e and t h e
c o m p l e x i t y of t h e i r work i t has
bdeome a p p a r e n t t h a t t h e r e i s an u r g e n t
need, b o t h i n t h e p u b l i c i n t e r e s t and f o r t h e sake of t h e J u s t i c e s them­
s e l v e s , t h a t t h e y s h o u l d r e c e i v e some t r a i n i n g f o r t h e d i f f i c u l t
r e s p o n s i b l e work which t h e y so u n s e l f i s h l y
-1-
CONFIDENTIAL
N.
undertake.
and
JL S"
II ^^PJSgffTP ..P0SIYIJ0N 6.
Until the foundation of the Magistrates' Association in 1920
no central organisation of Justices of the Peace for any purpose.
there was
Any
training which a Justice may have received, therefore, came about as a
matter of chance.
7.
One of the fundamental purposes of the Magistrates' Association was to
encourage Justices of the Peace to undertake some measure of training and to
provide the necessary means in the form of meetings, conferences, discussions
and literature.
The training of Justices was not, however, officially or
formally considered until 194-6, when the Boyal Commission on Justices of the
Peace was appointed.
In consequence of evidence which the Commission
received, both from the Magistrates' Association and from other witnesses,
it recommended that new Justices should be given some instruction in the
duties they had to perform.
Two paragraphs from the Report of the Iloyal
Commission^ which de-al with the instruction of Justices are as follows ­
"89. The lav; that justices have to administer is extensive and complex
and any attempt tc give lay justices an adequate knowledge of it would
not usually succeed.
Ytaat we think is possible and should be done is
to train justices to understand the nature of their own duties rather
than the substantive law that they administer.
In the forefront we
should put the meaning of "acting judicially".
The Lord Chief Justice
of England, Lord Goddard, in his evidence points out that justices do.
not get reproved for being wrong in law, but that a failure to act
judicially is a reason for censure.
In the course of court proceed­
ings a justice must be sufficiently instructed to perform his duties
without constant reference to the Clerk.
Thus he must know the
procedure in ordinary cases', it is for instance not unknown for a
bench to misunderstand the nature of a submission that there is no case
to answer.
He should know something of the law of evidence, at least
enough to enable him to avoid mistakes in any questions that he may
ask.
"vThen justices know and understand their duties they and the
clerk can work satisfactorily together:
if they are ignorant the clerk
must either watch thom make mistakes that may be serious to the parties
and to the justices, or intervene and take too much part in the
proceedings.
*Cmd. 7463 (1948)
-2­
4
A c 90. A particularly important part of the work of justices lios in the
decision as to the course they should take "with an offender or other
person before the court,,
Knowledge of the various courses that may
open is not sufficiently widespread, and we think that this should
receive special attention.
It is essential that every justice should
understand the meaning of the various sentenoes that can be given and
orders that can bo made.
New methods of dealing with persons found
guilty must also "be studied as they come into operation."
8.
The Soyal Commission recommended that on appointment a Justice should
be required to give an undertaking that lie would follow a prescribed scheme
of instruction and that he should not sit judicially until he had completed
that training.
the Peace Act,
This recommendation was not implemented.
The Justices of
194-9, however, created Magistrates Courts Committees to
1
administer Magistrates
1
Courts throughout England and Wales, and section 17
of the Act imposed upon every Magistrates' Courts Committee the duty, in
accordance with arrangements approved by the Lord Chancellor, of making and
administering schemes for providing courses of instruction for the Justices
of their area.
When, in 1952,
that section came into operotion, the Lord
Chancellor's Office circulated, as a guide to every Magistrates
Committee, a Model Scheme for Elementary Training.
1
Courts
The Magistrates
1
Courts
Committees almost without exception either formally adopted that scheme or
evolved schemes of training of their own based very closely upon it.
Difficulties were experienced, however, by some Committees in carrying out
any scheme of instruction.
This was in poxt due to the fact that, although
every Committee was under an obligation to provide training for its Justices,
the individual Justices themselves were not correspondingly bound to under­
take any form of training which had been arranged for thorn.
practical difficulties were encountered.
In addition,
Some newly appointed Justices
were unable to attend lectures, either because of the nature of their
employment or because they lived in remote areas and travelling was difficult.
A further problem arose in those areas where only one or two new Justices
were appointed each year and where there were therefore too few to justify
a course of' lectures.
3,
Por these reasons, the Lord Chancellor's Office and the Magistrates'
Association co-operated in preparing a course of instruction which could be
sent to Justices by post.
In the past ten years over 3,000 magistrates
have taken advantage of this course and it has constantly been revised and
brought up to date.
It suffers, however, from the disadvantages inherent
in any postal system of instruction and, in particular, it gives no
opportunity for oral discussion.
Furthermore, it is hard to gauge the
extent to which individual Justices have benefitted from the course, since
it has never contained any provision for them to answer questions on it.
10.
Since 1956 the Lord Chancellor's Department has sent to every Justice of the Peace on appointment a copy of a booklet entitled "Notes for New Magistrates" which gives an outline of Magistrates' duties, the conditions in which they are performed and the rules by which magisterial proceedings are governed.
In addition, copies of the Home Office handbook, "The Sentence of the Court", were sent on publication in ISoh- to every Justice then on the Active List and since that date a copy has been sent to each new Justice on appointment.
This handbook contains comprehensive information about the various forms of treatment available to the Courts, and what is involved in each of them, and its purpose is to help the Magistrates in selecting the right sentence. -4­
III NATIONAL ADVISORY COUNCIL ON THE TRAINING OF MAGISTRATES 11.
After discussions with the Council of the Magistrates' Association,
the Lord Chancellor decided that the present situation was not
satisfactory and accordingly in June 196A,
entirely
he established a National
Advisory Council on the Training of Magistrates, charged with the duty of
advising the Lord Chancellor generally on the policy to he applied to the
training and instruction of Justices of the Peace throughout England and
Wales.
12.
The National Advisory Council has made exhaustive enquiries as to how the present arrangements for the training of magistrates are "being carried out by Magistrates' Courts Committees and to what extent Justices
of the Peace, and particularly newly appointed Justices, are availing themselves of the facilities which are being provided for them. 13.
These enquiries have been addressed both to Magistrates' Courts
Committees and to Justices of the Peace.
Magistrates' Courts Committees
have been asked not only to give details of their present arrangements for
the instruction of newly appointed Justices, but also to estimate the
practical consequences if the Royal Commission^ recommendation for
compulsory trairdng were implemented.
The Council also decided to consult
a representative cross-section of newly-appointed Justices and, for this
reason, a questionnaire was sent to all those Justices who had been appointed
between
1st
July,
1962
and
30th
June,
1963,
This questionnaire asked what
training had been made available to the Justices and to what extent they had
availed themselves of it.
If they had been unable to attend training which
was offered to them, they were asked the reason for this.
These Justices
were also invited to give their opinion generally on the need for training
new Magistrates, the form which any courses should take and the times and
places where training could best be provided.
1A,
A very high percentage of replies was received to these questionnaires and, as a result of them and of the answers given by the different Magistrates' Courts Committees, the Government is satisfied that for the most part Committees are doing their best to provide at least some elementary training for the thousand or so new Justices who are appointed each year and, furthermore, that a very largo majority of these Justices do in fact receive some form of training. 15.
It was the overwhelming, and indeed almost unanimous, opinion of the
Justices who were questioned that newly appointed magistrates do require
some basic training.
It is significant that many of these Justices also
commented that such training should be made compulsory.
16.
In addition to obtaining the views of individual Magistrates' Courts
Committees, the National Advisory Council sought the opinion of the
Central Council of Magistrates
1
Courts Committees.
The National Advisory
Council also had the advantage of a memorandum by the Justices' Clerks'
Society.
Both these organisations were in favour of the compulsory
training of newly appointed Justices.
17.
The National Advisory Council has accordingly advised the Lord Chancellor that the time is now opportune to introduce obligatory training for Justices in the manner described in the following paragraphs. This recommendation has been accepted and the Government has decided that the new arrangements for compulsory training shall apply to all Justices appointed after the 1st January, 1966. CONFIDENTIAL
q
A
x
IV COMPuXSORY
iS.
TRJilKim
Those who are appointed to the office of Justices of the Peace are nature and responsible persons, many of whom already occupy prominent positions in the community before they become magistrates.
Although the vast majority of these persons are anxious to receive some training for this important and technical, but novel, task, it must be recognised that they are giving up their time to a Voluntary Service. The Government has accordingly decided that obligatory training should not be imposed by legislation but should be achieved by requiring all those who have been approved for appointment as Justices to give an undertaking that, if they are appointed, they will couplete a prescribed course of instruction within a year.
A Justice who fails to comply with this undertaking -without good cause may be removed from the Commission.
The Lord Chancellor r/ill have power, at his discretion, to grant an extension of tine in which to complete When exercising this power in respect the course in appropriate cases.
of Justices in Lancashire, the Lord Chancellor will normally act in consultation with the Chancellor of the Duchy of Lancaster. 19.
The Lord Chancellor will also be able to exempt any individual, or any specified class of person, from having to undertake a course of instruction, or any part of it;
for example, a person who already holds, or has held, judicial office at the time of his appointment as a Justice. 20.
The amount of instruction which a newly appointed Justice should be required to undergo must be governed by the amount of tine that he can reasonably be expected to give to the work.
Some apprehension has been expressed lest if too much training is demanded the best candidates will be reluctant to accept appointment.
This applies particularly to young men and women who are required for service in the Juvenile Courts as well as in the Adult Courts.
It is extremely difficult to find men and women between the ages of 30 end 45 who can spare enough time to discharge the duties of a Justice of the Feace.
At this age both business and family commitments nay be expected to be at their greatest. 21.
For these reasons the Government have decided that obligatory training should be limited to a basic course of instruction for all Justices newly appointed, to the Commission and to a special course of instruction for those Justices who are appointed to the Juvenile Court Panels. -7­
V
BASIC COURSE OF INSTRUCTION 22.
It is the view of the National Advisory Council on the Training of
Magistrates, "based on overwhelming evidence from practised Justices and
Clerks, that experience on the Bench is itself the finest form of training
and that theoretical instruction, although desirable and indeed necessary,
must; "be based on the foundation of at least some practical experience if it
is to be intelligible and of value.
On the other hand, the vast majority
of Justices of the Peace have never been in a Magistrates' Court before
they are appointed and it is therefore necessary to give a new Justice some
elementary information and instruction about his functions before he attends
Court for the first time, even as an observer.
The National Advisory
Council has therefore recommended, and the Government has accepted, a
syllabus for the Basic Training of Newly Appointed Justices, which is to
be taken in two stages.
This syllabus is set out in Appendix A.
The
first stage is to be completed before the new Justice sits to adjudicate and
the second within one year of his appointment.
23.
The objects of this training are set out in the syllabus, which is so
designed that the theoretical and the practical instruction of new
Justices can proceed simultaneously and as parallel phases of one
continuing operation.
24.
It is intended that the first stage of the training should "be carried
out locally;
sit.
that is to say, at the court at which the new Justice will
In the case of cities and boroughs this will, of course, be the city
or borough Magistrates' Court;
in the case of county Justices, it will be
the court of the Petty Sessional Division to which the Justice is assigned.
This will be of assistance to the new Justice, who will have no further to
travel than he will have to go when performing his ordinary magisterial
duties.
It will also have the advantage of introducing the new Justice as
quickly as possible to his colleagues and to his Clerk and of making him
familiar with the surroundings in which he will be working.
25.
The second and more substantial stage of the Basic Training should not
start until the new Justice has had some experience on the Bench, and it is
implicit in the scheme that tspecial care should be taken to ensure that
newly appointed Justices, at least during their first year, should always
sit with at least two experienced colleagues.
-8­
26,
The syllabus for the second stage calls for instruction under six headings, but the precise number of periods of instruction is not specified.
It would be possible to complete this stage in a course extending over one weekend (Friday afternoon to Sunday afternoon);
but
two such weekends would be preferable, in order to allow more time for instruction and discussion.
Such weekend courses might be residential for those Justices who have far to come, while those who live
the place where the course is held may attend daily.
nearer to It would also be possible to carry out the second stage in a series of instructional periods held once a week or once a fortnight over several weeks or months, at whatever time of day or in the evening might be most convenient for the Justices concerned. s
VI INSTRUCTION FOR J[JJMILE .C0TJRT JUSTICES -
27.
-
The Royal Commission on Justices of the Peace recommended that each
1
Magistra-f.es Courts Committee should prepare a scheme for the traiiiing of
Juvenile Court Justices and that every Justice appointed to the Juvenile
Court Panel for the first time should undertake not to adjudicate in the
Juvenile Court until he had completed the requirements of the scheme.
This recommendation vra.s not implemented, but iii 1953
a Model Scheme for
Juvenile Court Training was circulated by the Lord Chancellor's Office to
all Magistrates' Courts Committees with a recommendation that it should be
adopted and put into effect as soon as possible.
23,
In 1960 the Departmental Committee on Children and Young Persons (the
Ingleby Committee) issued its Report in which it made certa.in recommendations
as to the training of Juvenile Court Justices.
Paragraph 161
of its
R.eport* reads ­
"161,
It is our view that every member of a juvenile court panel,
whether lay or stipendiary, should be adequately trained for his
duties.
He needs not only a grasp of law and court procedure ­
which the professional magistrate will already have - but a knowledge
of the services available to the court, including the medical and
psychiatric services, and the ways in which it can deal with the
children wfco come before It;
and not least important, familiarity with
the technique of handling young people that the best juvenile courts
have so successfully developed.
V/e hope that magistrates' courts
committees will lose no time in drawing up schemes of specialised
training for juvenile court magistrates on tho lines of the model
scheme to which we have referred,
While we do not consider it
practicable for the law to require a magistrate to complete such a
course of training before he adjudicates in a juvenile court, we
should like tc see this rule adopted in practice."
29,
The enquiries which have been made by the National Advisory Council
on the Training of Magistrates show that in fact only a relatively small
number of Magistrates' Courts Committees administer special schemes of
instruction for their Juvenile Court Justices,
* Cmd, 1191 (I960).
-10­
:;o:.
./..-*
MLU,
*
30.
i t J
The Children and Young Persons Ant 1963 gave effect to the Report of the Ingleby Committee, hut it did not implement the recommendation for compulsory training.
YJhen the Bill was before the House of Commons an amendment was moved to provide that a Justice should not be qualified to sit as a member of a Juvenile Court Panel unless he had followed a course of instruction in the w*rk of a Juvenile Court provided in accordance with section 17 of the Justices of the Peace Act, 1949 (see paragraph 8 above). The Government at that time resisted the proposed amendment to the Bill, but undertook to secure compulsory training for Juvenile Court Justices by amending the Juvenile Courts (Constitution) Rules,
1954*
The Rules were not amended, however, because the Lord Chancellor decided that the whole question of the training of Justices should be reconsidered and he accordingly referred the subject to the National Advisory Council on the Training of Magistrates.
The Council, having considered this problem, recommended that obligatory training should be introduced for Juvenile Court Justices on lines similar to those already described for Justices newly appointed to the Commission. 31.
It would be illogical for the compulsory training of Juvenile Court Justices to be secured by a different method from that used for Justices newly appointed to the Bench.
The Government has therefore decided that the training of Justices on a Juvenile Court Panel should also be effected by means of an undertaking.
The problem is complicated, however, by the fact that a Justice may never be appointed to a Juvenile Court Panel at all, Furthermore, appointment to a Panel is by election by and from the Justices of the area in which the Panel operates.
It is not possible, therefore, to obtain undertakings from Juvenile Court Justices before they join a Panel because it is not. known in advance who they will be.
The Government has decided that the only practical way to deal with the matter is to obtain an undertaking from all Justices at the time of their appointment to the Commission that they will complete, not only the course of Basic Training, but also a course of Juvenile Court draining, either before (if they so wish and it is possible to do so) or within a year after they are elected to a Juvenile Court Panel. 32,
This undertaking will be roquired of all Justices appointed in the future.
Those Justices who are already on a Commission, but are not yet serving on a Juvenile Court Panel, will be asked to take the new course of Juvenile Court Training either before or immediately after they are appointed to a Panel, JL U
33.
The Government have accepted a syllabus for the training of Juvenile
Court Justices which has been recommended by the National Advisory
Council.
This, like the syllabus for Basic Training, is to be taken in
two stages.
The details are set out in Appendix B.
training are contained in the syllabuses.
The objects of the
The observations made in
paragraphs 24 to 26 above in respect of Basic Training apply also,
mutatis rmitandija, to the Juvenile Court Training.
v
ftfiki^inc: KITS A i
VII S ^ H E R TaATi\ijj&
1
34.
It is the Governments intention that, in addition to the courses for
Justices newly appointed to the Conmission and to the Juvenile Court Panel,
courses of instruction for all Justices on the Bench should continue to be
arranged by Magistrates' Courts Connittees, either separately or in
collaboration with neighbouring Connittees.
These courses will not be
conpulsory, but all Justices will be exhorted to attend then from tine to
tine throughout their active careers.
iii though experience of sitting in
Court is itself the finest f o m of training, Justices can help themselves to
perform their tasks with greater efficiency by refreshing their knowledge,
in particular with regc.rd to developments in the treatnent of offenders.
In this connection all Justices, and not only those newly appointed to the
Bench, should visit institutions for the treatnent cf offenders fron tine to
tine in order to see for themselves how these may have changed in the light
of contemporary ideas and practice.
Magistrates' Courts Connittees should
make arrangements for Justioes to visit such institutions periodically.
35.
The Government also wishes to encourage Justices in every area to neet
together regularly to disouss problems of common interest.
Such meetings
can be particularly useful for considering sentencing problems with a view to
achieving oonsistency in dealing with similar offences involving offenders
in comparable circumstances.
3.6o
The Government hopes that Magistrates' Courts Committees will not only
take the initiative in making arrangements for the instruction of Justices
throughout their careers on the Bench, but will also encourage the activities
of other bodies who are providing facilities in this field.
The Magistrates'
Association, through its Branches, has long been active in furthering the
training of Justices;
more and more Universities and other institutions of
higher or further education are arranging courses either directed
specifically to Justices or appealing to wider audiences which include
Justices.
The Government recognises the value of all these endeavours
and wishes to encourage then.
-13­
RESPONSIBILITY FOR ADMINISTERING TRAINING 37*
The Royal Commission on Justices of the Peace* pointed out that
varying local conditions do not allow of any rigid national scheme of
instruction to Justices.
Local circumstances and conditions, and people
themselves, vary throughout the country.
The training of Justices in rural
areas has always presented more difficulty than in the urban areas.
In
the case of cities and boroughs with their own Commissions it is usual for a
substantial number of Justices to be appointed at the same tire, and it is
not difficult to assemble them for training.
Public coimminications in
urban areas are normally available and adequate.
In rural districts, on
the other hand, only one or two new Justices are usually appointed at a
time in each Division, and the problem of assembling them for training in a
reasonably convenient centre is a very real one.
Public communications may
be inadequate and bad weather can be a decisive factor.
Another feature of
country districts is that most benches are served by part-time Clerks, who
although' they discharge the ordinary work of a Magistrates' Clerk
conscientiously and efficiently, yet have othor commitments and are not
always available to give instruction to the Justices.
The boroughs, on
the other hand, are almost entirely served by full-tine Justices' Clerks
who are more easily able to devote time to this important task.
It is
right, therefore, that the local Magistrates' Courts Committees, which
w o r a
established to administer the magistracy, should be charged specifically
with responsibility for providing training schemes in their respective areas.
This responsibility they have, on the whole, discharged effectively;
especially having regard to the absence in the past of any corresponding
obligation on Justices to undertake training.
The Government sees no
reason to alter this arrangement now, and it proposes to leave to the
Magistrates' Courts Committees the responsibility for administering the
schemes of instruction in accordance with local conditions and requirements.
Cnd.
7463 (1948) Paragraph 92.
-14­
CONFIDENTIAL
38.
i,
i
I/hile it is for the Magistrates Courts Connittees to arrange who shall !
give the prescribed instruction it seens likely, and indeed right, that Justices' Clerks vd.ll usually be asked to c a n y out a large part of the Basic Training and of the Juvenile Court Training.
This training is essentially practical and Clerks are better qualified to inpart the requisite Information than persons not irjneditately engaged in the adniiiistration of justice in Magistrates' Courts.
Many Clerks already have considerable experienoe in this work, since they have been carrying into effect the existing arrangements for training.
There nay be sone difficulty in this regard in Divisions which have only a part-tine Clerk;
but in these cases the first stage of the Basic Training syllabus nay "well be carried out by the Chairman of the Bench or by another senior and experienced Magistrate. The second stage nay be arranged on a collective basis at sone convenient contre.
The Government is, however, exploring the possibility of making available suitably
39.
Qualified
porsons to give instruction to Justices. It will be the duty of Magistrates Courts Committees, as it is now, 1
to see that Justices are provided with such books as they require, and the Govemnent hopes that in all aroas small libraries of books will be available for the use of Justices, not only during the course of their training, but also at all other tines. AO.
The Lord Chancellor's Office will assist Magistrates' Courts Conmittees in the discharge of their obligation to train Justices and will issue notes for the guidance of the Committees.
The Lord Chancellor has appointed a Training Officer who has been charged with this specific responsibility.
The Training Officer is also Socretary of the National Advisory Council on the Training of Magistrates, -15­
IX THE COST OF TRAINING­
41.
The e x p e n s e s i n c u r r e d by M a g i s t r a t e s
1
C o u r t s Committees i n
d i s c h a r g i n g t h e a d m i n i s t r a t i v e r e s p o n s i b i l i t i e s imposed on them by t h e
J u s t i c e s of t h e Peace A c t , 1949 a r e met b y t h e county and borough
c o u n c i l s concerned.
These e x p e n s e s i n c l u d e s p e c i f i c a l l y t h e
of c o u r s e s of i n s t r u c t i o n f o r J u s t i c e s and t h e payment of
provision
travelling
and s u b s i s t e n c e a l l o w a n c e s i n c o n n e c t i o n w i t h t h e a t t e n d a n c e s of
J u s t i c e s a t approved c o u r s e s of i n s t r u c t i o n .
The Government r e p a y s
t o t h e l o c a l a u t h o r i t i e s by f a r t h e g r e a t e r p a r t of t h e amount which
t h e y have made a v a i l a b l e t o M a g i s t r a t e s ' C o u r t s Committees.
42.
No J u s t i c e w i l l have t o pay any of t h e c o s t of h i s t r a i n i n g w h i l e
f o l l o w i n g any c o u r s e which he i s r e q u i r e d t o complete o r any a p p r o v e d
c o u r s e , and he w i l l be e n t i t l e d t o t r a v e l l i n g and s u b s i s t e n c e
i n appropriate circumstances.
allowances
This w i l l apply not only to the
courses
n o r m a l l y a d m i n i s t e r e d by t h e M a g i s t r a t e s ' C o u r t s Committee b u t a l s o
t h o s e a r r a n g e d by o t h e r b o d i e s ,
such as t h e E x t r a m u r a l Department of a
U n i v e r s i t y , p r o v i d e d t h a t t h e c o u r s e has been approved by t h e
Lord C h a n c e l l o r f o r i n c l u s i o n i n a scheme of ti?ai n i n g .
43.
The amount of a d d i t i o n a l e x p e n d i t u r e which w i l l a r i s e from the new
a r r a n g e m e n t s o u t l i n e d i n t h i s Paper c a n n o t be p r e c i s e l y e s t i m a t e d ,
i t s h o u l d be s m a l l .
The e x t e n t of t h e now compulsory t r a i n i n g
l i t t l e more t h a n t h a t which J u s t i c e s a r e now e n c o u r a g e d , b u t n o t
to undertake.
-16­
but
is
obliged,
X JUSTICES 0? THE. Pil-CE SI 0FFICI0 44-.
The Lord Mayors and Mayors of boroughs and the Chairmen of county councils, urban district councils and rural district councils are Justices of the Peace by virtue of holding their respective offices. They number approximately 1,600.
Some of these persons may already be Justices of the Peace appointed by name, before they are elected to local government office, but upwards of three-quarters of them will not have been so appointed personally.
The Royal Commission on Justices of the Peace* discussed the position of Justices ex officio and recommended that Chairmen of county councils and of urban and rural district councils should cease to be Justices by virtue of their office.
This recommendation has nut been implemented, but the introduction of compulsory training for Magistrates makes it necessary to re-examine the position of the Justices ex offjLciq. 4-5.
Clearly compulsory training, if it is to be applied at all, should cover all Justices and net only those who are appointed to the Commission by name.
The local government ex offi^cio Justices, however, assumes office as the result of an election and it is not practicable therefore to make his appointment conditional on his undertaking to follow a course of instruction.
Moreover, a large number of these persons hold office for one year only and therefore they would barely have time to complete their training before they ceosed to be Justices.
The Government is considering whether persons should continue to become Justices by virtue only of holding some other office.
In the meantime, the Government hopes that those who become Justices of the Peace ox £ffioio will not exercise their right to act as Magistrates regularly unless they complete the first stage of the Basic Training Course. *Ciad. 74-63 (1948) paragraphs 151-161. -17-
CONFIDENTIAL
N 1
1 6 0 XI 4-6.
The arrangements now announced for the ohligatory training of Justices are only a beginning.
The National Advisory Council will observe how these arrangements work in practice and will advise the Lord Chancellor from time to time whether, and if so how, they should be improved or modified in the light of experience. 47-
Ihe National Advisory Council are also considering whether the two
1
booklets ("Notes for New Magistrates ' and "The Sentence of the Court")
which are now supplied by the Lord Chancellor's Office to all newly
appointed Justices (see paragraph 10 above), should be replaced by
an instructional manual which would be kept up to date and could
be used also as a continuing work of reference, albeit of a somewhat
general and elementary character.
48.
The desirability of using other forms of training, including
instructional films, is also under consideration.
49.
Although the Government is aware of the practical difficulties
inherent in enforcing the training of busy people who are asked to
become Justices of the Pea.ce, it regards the proper administration
of justice in the Magistrates' Courts as being of supreme importance.
It is therefore determined that every reasonable step should be taken
to ensure that those who are appointed to the office of Justices of
the Peace are wholly fitted for the important work which they have
to perform.
What is now to be carried out is orJy the first step.
-18-
CC :oAA; LLvrflAA ;
A 0 XII SJJMMARY 50.
In summary, the arrangements for the instruction of Justices of
the Peace will in future be:­
(a)
Compulsory training will be introduced for all Justices of the Peace appointed after 1st January, 1966. (b)
Compulsory training will be achieved by requiring all those who ha.ve been approved for appointment as Justices to give an undertaking that, if they are appointed, they will complete a prescribed course of basic instruction within a year.
They
will also be required to undertake to complete a course of Juvenile Court Training either before they are elected to a Juvenile Court Panel or within a year of becoming a member of such a Panel. (c) A Justice who fails to comply with this undertaking without good cause may be removed from the Commission.
The Lord Chancellor will have power, at his discretion, to grant an extension of tine in which to complete the course in appropriate cases. (d) The Lord Chancellor will have power to exempt any individual or any specified class of person from having to undertake a course of instruction, or any part of it. (e) Both the basic course of instruction for Justices newly appointed to the Commission and the special course of instruction for Juvenile Court Justices will be in two stages and will be carried out in accordance with a. syllabus prepared by the National Advisory Council on the Training of Magistrates. (f) In addition to the compulsory courses of instruction, courses for all Justices on the Commissions of the Peace will be arranged by Magistrates' Courts Committees on a voluntary basis.
These
will include visits to penal institutions. (g) The Government will encourage Magistrates' Courts Committees to make greater use of courses organised by the Magistrates
1 Association, by Universities and by ether similar bodies. (h)
Responsibility for administering the schemes of instruction will rest with the local Magistrates' Courts Committees, who will receive assistance and guidance from the Lord Chancellor's Department. (i)
Magistrates' Courts Committees will provide such books as may be required by Justices during the course of their training and at other times. -IPCONFIDENTIAL
Expenses necessarily incurred by Justices in following courses of instruction -which have been approved by the Lcrd Chancellor will be defrayed out of public funds. The amount of additional expenditure which will be incurred in consequence of the arrangements outlined in this Faper is likely to be small. Justices of the Peace ex offigdo must be subject to obligatory training to the same extent as other Justices, but there are practical difficulties in the way of applying training schemes to these persons.
The Government is considering whether persons should continue to be Justices by virtue only of holding sone other office. The arrangements now announced for the obligatory training of Justices are only a beginning.
They will be extended and improved in the light of experience. -20­
APPENDIX A SYLLABUS FOR BASIC TRADTETG-
I^OJ^^^^I^O£TKS^ACE
OF mitii
1.
For the purposes of Basic Training, a newly appointed. Justice of the Peace is a person who is first so appointed after 1st January, 1966. The Lord Chancellor nay exempt any particular individual or any class of person from undertaking this training or any specified part of it (e.g. persons who on appointment to the Bench already hold judicial office or are practising lawyers). 2.
The Basic Training Course does not include any instruction in relation to the work of Juvenile Courts;
there is a separate syllabus for this training which Justices need not undertake unless they wish to do so. Justices who are appointed to Juvenile Court Panels will, however, be required to complete this specialised training if they have not already done so. 3.
The Basic Training of newly appointed Justices is to be carried out in two stages and is designed to enable them ­
(a)
To understand the nature of their duties so that they shall acquire the judicial mind and accordingly act judicially whilst sitting on the Bench. (b)
To obtain sufficient knowledge of the law to follow with understanding any normal case they may be called upon to hear. (c)
To acquire a working knowledge of the rules of evidence particularly in relation to what is admissible and what inadmissible. (d)
To l e a m the various courses which may be taken in dealing with offenders so that they understand the nature and purpose of the sentence which they impose, and the other methods of treatment which they may use, and their effect. (e)
To understand the relationship which should exist between members of the Bench, the Clerk to the Justices, the Probation Officers and the staff of the Courts, and the duties in court of the police and of advocates. -21 ­
FEIST ST..C-S 4.
The First Stage of the Basic Training Course is to he completed before a newly appointed Justice sits to adjudicate.
It may be carried out before or after, or before and after, a Justice is sworn in, and it will in any event be completed as soon as may be practicable. 5.
The First Stage will consist of ­
(a)
Attendance as an observer on not less than three occasions for a total period of not less than six hours at a Magistrates' Court sitting in Petty Sessions.
It is highly desirable that one sucn attendance should be at a court other than the Justice's own court.
After each attendance of a new Justice at his own court the Chairman, Clerk or a senior Justice will spend a short tine with the Justice to explain what has happened in court or to answer any questions. (b)
Instruction on the
Magistrate and his Office.
This will deal generally with a Justice's duties and his relationship to the public.
It
will stress-.hat is meant by a judicial attitude, a judicial mind and acting judicially.
It will explain the necessity for decorum on the Bench and for the action to be taken if there is any possibility of bias, whether real or apparent, through any interest which a Justice might have in a particular case or in the parties in any proceeding before the Court.
The relationship between the Bench and the Clerk and other staff will be explained, and also the positions and functions of advocates and the police.
A few words will be said about the work of a Justice out of Court, if only to warn a new Justice not to sign documents unless he is convinced that he can and should sign them, (c)
Instruction on the practice and procedure In Magistrates
evidenee.
1
Courts and
This vail be extremely elementary and will give an outline of the
manner in vnich cases are conducted, explaining the difference between civil
and criminal cases and between summary and indictable offences, and between
the procedure when cases are being tried and -when they are being heard
with a view to committal to another court for trial.
The organisation of
the Court will be explained and new Justices will be shown specimens of forms
and other documents in common use.
In relation to evidence, it is important
to stress bhe kind of evidence that is admissible and inadmissible
difference between the burden of proof in civil and criminal cases
between matters of law and matters of fact will be pointed out.
;
-22­
0
The
and
(&)
Instruction on the methods of punishment and treatment.
This will cover in the simplest terms possible methods of dealing with offenders. (e)
Instruction on Domestic and other Civil proceedings.
This will explain as simply as possible the jurisdiction of Justices in domestic proceedings and the various other kinds of civil and administrative work which they may be called upon to do. 6.
Newly appointed Justices are expected to read any books which are supplied to them on their appointment, or are recommended for their instruction, by the Lord Chancellor. SECOND STA&E 7.
The Second Stage of the Basic Training of newly appointed Justices will not begin until the Justice has sat and adjudicated on at least three occasions in Petty Sessions, and it must be completed within twelve months of his "aeing sworn in.
It will consist of instruction in six subjects and certain visits to institutions. 8.
Instruction
(a)
The Magistrates' Court arid its place in the judicial system, expanding upon the matters referred to in the Basic Training and including the review of Magistrates' decisions by way of appeal.
At this stage something more will be said about the rules of evidence, the burden of proof, and about practice and procedure.
A brief description of the arrangements for providing legal aid will also be given. (b)
Road Traffic offences and penalties, with special emphasis on the statutory penalties enjoined in certain circumstances. (c)
The problems of punishment and treatment.
In addition to recapitu­
lating the methods of dealing with offenders, particular reference will be made to ­
(i)
(ii)
(iii) (iv) the objectives of sentencing; possible sentences, including fines; the factors influencing the choice of a particular sentence; the methods of obtaining information about offenders and advice as to their treatment; (v)
(vi) consistency in sentencing; the mental condition of offenders and whether this needs specific attention, and if so, how this may be ensured; the right of Justices to visit certain prisons and other institutions and their demeanour when visiting them. 23­
(&)
P r o b a t i o n , -pith p a r t i c u l a r r e f e r e n c e t o p r o b a t i o n o r d e r s w i t h
special
r e q u i r e m e n t s , and i n c l u d i n g t h e r e l a t e d committee work.
(e)
domestic p r o c e e d i n g s , i n c l u d i n g t h e j u r i s d i c t i o n of M a g i s t r a t e s
t h e i r powers and d u t i e s , w i t h p a r t i c u l a r r e f e r e n c e t o t h e w e l f a r e of
p a r t i e s and t h e i r
(f)
Courts,
1
the
children.
M a t t e r s o t h e r t h a n c r i m i n a l o r d o m e s t i c p r o c e e d i n g s w h i c h cone b e f o r e
Magistrates
1
Courts.
T h i s w i l l i n c l u d e t h e committee work of J u s t i c e s
r e l a t i o n t o l i q u o r l i c e n s i n g and b e t t i n g l i c e n s i n g , t h e r e g i s t r a t i o n
clubs,
in
of
such c i v i l p r o c e e d i n g s as a r e h e a r d i n M a g i s t r a t e s ' C o u r t s and such
a p p l i c a t i o n s a s may b e made t o i n d i v i d u a l J u s t i c e s
(including the
signing
of documents).
9*
"Visits t o
Institutions
A newly a p p o i n t e d J u s t i c e m u s t , w i t h i n t h e f i r s t
visit
y e a r of h i s
appointment,
a p r i s o n t o w h i c h h i s Court commits on remand, a n i e i t h e r a s e n i o r
detention centre cr a Borstal.
The o b j e c t s of v i s i t i n g I n s t i t u t i o n s are t o s t i m u l a t e t h e i n t e r e s t
of
t h e new J u s t i c e i n p e n a l t r e a t m e n t and t o a c q u a i n t him w i t h t h e n a t u r e of
t h e punishment which he can
inflict.
EECOMMENMTIONS I n a d d i t i o n t o t h o s e books w i t h which n e w l y a p p o i n t e d J u s t i c e s
are
s u p p l i e d on appointment b y the Lord C h a n c e l l o r and which t h e y s h o u l d r e a d
a s soon a s p o s s i b l e , a l l J u s t i c e s a r e s t r o n g l y a d v i s e d t o r e a d any o t h e r
b o o k s which may be recommended t o them b y t h e Lord C h a n c e l l o r ,
Magistrates
11.
1
C o u r t s Committee or t h e i r
their
Clerk.
A t t e n d a n c e a t Other C o u r t s
P a r t i c u l a r l y i n t h e e a r l y months a f t e r h i s f i r s t
appointed J u s t i c e
s h o u l d make e v e r y e f f o r t
to v i s i t
appointment, a newly
other Courts
County and Borough Q u a r t e r S e s s i o n s and o t h e r M a g i s t r a t e s
1
(Assizes,
Courts).
J u s t i c e s a p p o i n t e d t o County Commissions of t h e Peace s h o u l d t a k e any
o p p o r t u n i t y which i s o f f e r e d t o them of a t t e n d i n g and s i t t i n g a t
Sessions.
Quarter
C l e r k s w i l l a s s i s t t h e i r J u s t i c e s i n any way t h a t t h e y can t o
c a r r y out t h i s
recommendation.
'
-i r\
-8- w s3
12.
Bench M e e t i n g s
Newly a p p o i n t e d J u s t i c e s s h o u l d t a k e e v e r y o p p o r t u n i t y o f
attending
m e e t i n g s of J u s t i c e s of a Bench or any o t h e r m e e t i n g s of J u s t i c e s which
may ae a r r a n g e d .
These m e e t i n g s , a t w h i c h p r o c e d u r e ,
sentencing p o l i c y ,
new l e g i s l a t i o n and d e c i s i o n s of s u p e r i o r c o u r t s may be d i s c u s s e d ,
are
of v a l u e t o a l l J u s t i c e s a t a l l t i m e s , b u t t h e y a r e of s p e c i a l v a l u e t o
n e w l y a p p o i n t e d J u s t i c e s , who a r e given, an o p p o r t u n i t y a t such m e e t i n g s
t o ask q u e s t i o n s and t o o b t a i n a d v i c e from more e x p e r i e n c e d
-25­
colleagues.
APPENDIX B
SYLLABUS FOR TRAINING 0?
JUYSNILS COURT JUSTICES
1.
J u s t i c e s on f i r s t
a p p o i n t r e n t may c o m p l e t e t h i s t r a i n i n g f o r
Court J u s t i c e s i n a d d i t i o n t o t h e B a s i c
2.
J u s t i c e s on f i r s t
Training.
appointment t o J u v e n i l e C o u r t P a n e l s w i l l be r e q u i r e d
t o complete t h i s t r a i n i n g i f t h e y have n o t a l r e a d y u n d e r t a k e n
3.
Juvenile
it,
The Lord C h a n c e l l o r may exempt any p a r t i c u l a r i n d i v i d u a l o r any
c l a s s o f p e r s o n from u n d e r t a k i n g t h i s t r a i n i n g i f ,
f o r example, by
r e a s o n o f p r e v i o u s e x p e r i e n c e and q u a l i f i c a t i o n s , he c o n s i d e r s t h a t
is
If.
ti70
( )
a
it
unnecessary.
The t r a i n i n g * f J u v e n i l e C o u r t J u s t i c e s i s t o be c a r r i e d out
in
s t a g e s and i s d e s i g n e d t o e n a b l e them ­
To u n d e r s t a n d t h e p l a c e * f t h e J u v e n i l e C o u r t i n t h e
judicial
system and c e r t a i n s p e c i a l a s p e c t s of p r o c e d u r e i n J u v e n i l e C o u r t s .
(b)
To a p p r e c i a t e t h e s o c i a l and e d u c a t i o n a l background o f
juveniles
before the Court.
( c )
To know t h e s
a v a i l a b l e t o them, p a r t i c u l a r l y t h e
e d u c a t i o n a l , m e d i c a l and p s y c h i a t r i c
(d)
services.
To l e a r n t h e v a r i o u s c o u r s e s which may b e t a k e n i n d e a l i n g w i t h
j u v e n i l e s who a r e b r o u g h t b e f o r e t h e C o u r t , w h e t h e r a s
offenders
o r i n need o f c a r e and p r o t e c t i o n o r c o n t r o l , so t h a t t h e y u n d e r s t a n d
t h e n a t u r e and p u r p o s e o f t h e s e n t e n c e s which t h e y i m p o s e , and
t h e o t h e r methods o f t r e a t m e n t which t h e y may u s e , and t h e i r
effect.
FIRST J5TA&E
5.
The F i r s t S t a g e o f t h e t r a i n i n g f o r J u v e n i l e Court J u s t i c e s I s t o be
completed b e f o r e a newly ' a p p o i n t e d J u s t i c e s i t s t o a d j u d i c a t e on a J u v e n i l e
7
C o u r t ; i t may be u n d e r t a k e n a t t h e same t i m e a s a newly a p p o i n t e d J u s t i c e
t a k i n g t h e F i r s t S t a g e of t h e B a s i c T r a i n i n g f o r J u s t i c e s of t h e P e a c e .
6.
The F i r s t S t a g e w i l l c o n s i s t of a t t e n d a n c e a s an o b s e r v e r on n o t
t h a n t h r e e o c c a s i o n s a t a J u v e n i l e Court f o r a t o t a l p e r i o d of n o t
less
than s i x hours.
7.
Newly a p p o i n t e d J u s t i c e s a r e e x p e c t e d t o r e a d any books w h i c h a r e
s u p p l i e d t o them e r a r e recommended f o r t h e i r i n s t r u c t i o n b y t h e
Lord C h a n c e l l o r .
-2.6­
less
is
SECOND STAGE 8,
The Second Stage of the training of Juvenile Court Justices may commence as soon as the Justice has heen appointed to the Juvenile Panel and while he is attending Juvenile Courts as an observer, and it must be completed within twelve months of his appointment.
The Second Stage will consist of instruction in six subjects and certain visits to institutions. 9.
Jnstruotioji
(a) The constitution, jurisdiction and procedure of Juvenile Courts in criminal and civil cases;
the special provisions relating to appeals from Juvenile Courts. (b)
The social and educational background of juveniles likely to come before the Court. (c) The statutory provisions relating to juveniles who are in need of care, protection or control, or who may be dealt with as if they came within that category. (d) The methods of treatment specifically available in respect of juveniles, distinguishing between criminal and civil cases. (e)
The law and practice of adoption, (f) The relationship between the Juvenile Court and the Probation and After Care Service and the Child Care Service. 10.
Y^^s^to^^a^^^^^aa^
A Juvenile Court Justice must, within twelve months of his first appointment, visit a remand home for boys, a remand home for girls, at least one approved school and a junior detention centre for boys;
an
attendance centre, unless that facility is not available to the Court where he adjudicates;
and an approved probation hostel or home, unless one Is not available in the neighbourhood, 11,
The recommendations in relation to Pleading and Bench Meetings which are made in paragraphs 10 and 12 of the Syllabus for Basic Training of Newly Appointed Justices are equally applicable to Justices who are first appointed to Juvenile Court Panels and to all Juvenile Court Justices throughout their service as such. -97­
JUSTICES OF TIE PEACE EX OFFICIO Lord Chancellor Lord President of the Council Chancellor of the Duchy of Lancaster Privy Councillors Law Officers Lord Privy Seal Lord Justices of Appeal Lord Chief Justice Master of the Rolls High Court Judges Chairmen and Deputy Chairmen of County Quarter Sessions Recorders Archbishop of York Chancellor of York Bishop of Durham Chancellor of Durham Bishop of Ely Ste??ard of Ely Chancellor, Vice Chancellor and Deputy Vice Chancellor of Oxford University Vice Chancellor of Cambridge University Chairmen of County Councils Mayors uf Greater London Boroughs Aldermen of the City of London Mayors of County Boroughs Mayors of Mon-County Boroughs Chairmen of Urban District Councils Chairmen of Rural District Councils Chairman of the Council of the Isles of Scilly -23­