OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules replace the Justices of the Peace (Size and Chairmanship of Bench) Rules 1995 (“the 1995 Rules”). They reproduce some of the provisions of the 1995 Rules and introduce new provisions.

The new provisions are:

  • introduction of a postal ballot for the election of chairman and deputy chairman of the justices following receipt of nominations (rules 5 and 6);

  • introduction of a preferential voting system for such elections (rules 6, 7 and 8);

  • a new maximum period of office for chairman (3 years unless at least 6 years have elapsed since he last held office but no more than 6 years) and deputy chairman (6 years) (rule 12);

  • the justices' chief executive is responsible for convening the election meeting and conducting the elections (rules 5 to 13). He can appoint a nominee to perform these functions (rule 19);

  • introduction of a postal ballot for filling vacancies in the office of chairman or deputy chairman (rule 13);

  • replacement of chairmanship committees by bench training and development committees (“BTDCs”) (rule 14).

BTDCs have the same functions as chairmanship committees in that they must compile a list annually of justices approved to preside in court but the BTDCs must regularly review that list and may amend it at any time. The Rules provide that there shall be 3, 6 or 9 members of a BTDC as determined by the justices for a petty sessions area.

The following provisions of the 1995 Rules have been reproduced:

  • the rule that the maximum number of justices dealing with a case as a magistrates' court (apart from youth courts, family proceedings courts, licensing and betting licensing committees) is three (rule 3); and

  • the requirement that the justices for a petty sessions area hold an election meeting every year in October (rule 10).

In addition there are provisions for holding elections at the election meeting where there are no or insufficient nominations for chairman or deputy chairman; or insufficient first choice votes for deputy chairmen (rules 8(7) and 9).

Transitional provisions provide that appointments made under the 1995 Rules will continue until 31st December 2002 and the 1995 Rules will apply to those appointments (rule 21).