Rule 3 Duties of justices’ legal advisersF1

England and Wales

(1)

This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.

(2)

A justices’ legal adviser―

(a)

must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―

(i)

questions of law,

(ii)

questions of mixed law and fact,

(iii)

matters of practice and procedure,

(iv)

relevant judicial decisions that bind the court,

(v)

the process to be followed to reach a decision,

(vi)

the process to be followed when determining a matter,

(vii)

the range of orders available to the court and the matters to be taken into account, and

(viii)

any other matter relevant to the case before the court;

(b)

must allow the parties, if present, an opportunity to make representations to the court about that advice;

(c)

before a hearing begins must draw the court’s attention to, as appropriate—

(i)

the substance of any application about to be made, including the test (if any) which must be applied and the burden and standard of proof,

(ii)

what the parties say is agreed,

(iii)

what the parties say is in dispute, and

(iv)

what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling;

(d)

must assist the court by making a note of the substance of any oral evidence or representations, to help the court recall that information;

(e)

may ask questions of a party or witness on the court’s behalf to clarify representations and evidence and to obtain information sufficient to allow the court to make such decisions as are required;

(f)

must assist the court with the formulation and recording of reasons for its orders and, if necessary, other decisions; and

(g)

may make announcements on the court’s behalf, other than an announcement of an order or finding of fact.

(3)

To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―

(a)

if necessary, attend the members of the court outside the courtroom; and

(b)

in that event, inform the parties, if present, of any such advice given there.

(4)

A justices’ legal adviser must assist a party who has no legal representative—

(a)

to understand what the court requires and why;

(b)

to provide information required by the court to prepare for a hearing or to carry out its other functions; and

(c)

if necessary, to make representations to the court or to give evidence.

(5)

In performing the functions for which these Rules provide a justices’ legal adviser―

(a)

must avoid the appearance of advocacy for a party;

(b)

must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and

(c)

may consult with other justices’ legal advisers.

Annotations

Textual amendments

F1: Rule 3 (previously omitted by virtue of S.I. 2014/879, art. 17) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(3)