Magistrates

The Lay Magistrates (or Justices of the Peace) in Leicestershire are appointed by the Secretary of State for Constitutional Affairs and Lord Chancellor on behalf of and in the name of The Sovereign.

Candidates for these appointments are recommended to the Secretary of State for Constitutional Affairs and Lord Chancellor by his local Advisory Committees, consisting of Magistrates and independent local people, under the Chairmanship of the Lord-Lieutenant.

There are seven Magistrates’ Courts in Leicestershire, and in some cases the Bench of Magistrates which sit at the Court are known by another name.  These Courts and Benches are set out below:

The Secretary of State and Lord Chancellor requires that each Bench should broadly reflect the community it serves in terms of gender, ethnic origin, geographical spread and occupation.   Achieving a diverse Bench is, however, a secondary consideration to the essential and pre-eminent requirement that the candidate must be personally suitable for appointment, possessing the qualities required in a Magistrate.  Although the demand for new Magistrates may vary from Bench to Bench generally speaking the Advisory Committee is keen to encourage at any time those interested to offer themselves as candidates.

All the information that you might need in connection with offering yourself as a candidate as well as an application pack can be obtained from the Directgov website www.direct.gov.uk/magistrates

Alternatively please telephone 0116 305 6053

The answers to the following general questions may be helpful to potential candidates.

Almost anyone can apply but the following will not be appointed:

It is usual to be considered for the Bench local to your home address.  Although this is not an exhaustive list it will guide you to your local Bench.  

Candidates wishing to be considered for appointment to the Ashby de la Zouch; Market Bosworth; Loughborough; and Melton, Belvoir and Rutland Local Justice Areas should apply to the Leicestershire Advisory Committee, at the following address:

Candidates wishing to be considered for appointment to the Leicester and Market Harborough and Lutterworth Local Justice Areas should apply to the Leicester Advisory Committee, at the following address:

Alternatively, if you have the application pack, you can use the freepost envelope contained within it and your application will be sent on to the appropriate Advisory Committee office by the DCA’s Handling Centre.

The role of the Advisory Committee has already been highlighted, but what follows is a more detailed account.

The Lord Chancellor is ministerially responsible to Parliament for the appointment of Magistrates. The Advisory Committee for Leicestershire is part of a network of Committees covering most of England and Wales, which recommend appointments to the Lord Chancellor, and are responsible directly to the Secretary of State and the Lord Chancellor.  The procedures for appointing members to Advisory Committees are subject to scrutiny by the Commissioner for Public Appointments.  Advisory Committee members are appointed for a three, six, or nine year period.

The Commissioner for Public Appointments requires an ‘independent assessor’ on Appointments/Interview Panels and for the Lord Chancellor’s Advisory Committees, that role is fulfilled by a non-Magistrate lay member. This means that at least a third of the membership of the Advisory Committee and Sub-Committees should consist of non-Magistrates.

The Advisory Committee is required to determine the number of Magistrates to be recommended each year, taking into consideration the Lord Chancellor’s requirements on sitting levels, the views of Bench Chairmen and Justices’ Clerks.  The aim is to achieve average sittings of between 35 and 45 half days each year with a minimum of 26 half days.  The Committee  also monitors average sittings and the sittings of individual Magistrates, drawing to the attention of Chairmen of Benches and Clerks instances of Magistrates sitting too little or too often and seeking explanations.  The Committee is mindful of the training and mentoring needs of new magistrates and the pressure this can impose on experienced magistrates, particularly in small county Courts. The Advisory Committee is often involved in cases where the conduct or competence of a Magistrate is called into question.

Any Advisory Committee may, with the agreement of the Lord Chancellor, establish Sub-Committees covering part of its area to assist it. In Leicestershire there are three Sub-Committees: Ashby and Market Bosworth, Loughborough, and Melton, Belvoir and Rutland (Leicester City has a separate Advisory Committee which includes Harborough).

The work of the Sub-Committees primarily involves the implementation of local recruitment initiatives as part of the Advisory Committee’s overall strategy and the selection of new Magistrates.  They may take local soundings on the numbers of new Magistrates required but the final decision is for the Advisory Committee, taking into account the views of Bench Chairmen.

Sub-Committees have no role in the appointment of members to the Advisory Committee or its Sub-Committees nor do they have any role in the investigation of conduct and competence issues.

Advisory Committees are required to make strenuous efforts to attract applicants from all walks of life and, to recommend suitable candidates for appointment, who reflect the diversity of the local community. Published ‘Directions’ set out the Lord Chancellor’s six key qualities defining the personal suitability of candidates for appointment; the interview process tests these qualities and is designed to be open and fair, ensuring that applicants have equality of opportunity to demonstrate those qualities.

The Lord Chancellor places considerable confidence in his Advisory Committees, generally acts on their recommendations and supports their decisions.

The following people make up the membership of the commitee and its subcommittees.

*Sub Committee Chairmen

John Sinnott MA, Dipl PA
County Hall
Glenfield
Leicester
LE3 8RA

Tel 0116 305 6060