THE RESPECTIVE ROLES OF MAGISTRATES' COURTS COMMITTEES,THE CHAIRMAN AND THE JUSTICES' CHIEF EXECUTIVE
Magistrates' Courts Committees (MCCs) are a body corporate and have a statutory responsibility for the efficient and effective administration of the magistrates' courts for their area.
The statutory role of the Magistrates' Courts Committee (MCC) has been further developed by:
HM Magistrates' Courts Service Inspectorate inspection framework which defines MCC responsibilities and key functions.
The application of the Standards of the Institute of Directors for MCCs as
set out in the publication "IOD Working With Magistrates' Courts Committees".
Thus to understand the management arrangements for Magistrates' Courts it
is necessary to consider the following elements:
The Constitution of the Magistrates' Courts Committee
The Statutory Framework
Organising and Running the Magistrates' Courts Committee
Magistrates' Courts Committee's Responsibilities and Key Functions
Building an Effective Magistrates' Courts Committee
The Role of the Chairman
The Role of the Justices' Chief Executive
The MCC is comprised of magistrate members selected by a statutory selection panel for each MCC area. It is possible to co-opt up to two non magistrates members of the Committee. This co-option may be done by the MCC itself with the approval of the Lord Chancellor or by direct appointment by the Lord Chancellor.
The Statutory Framework for MCCs is set out in the Justices' of the Peace Act 1997. Under Section 31 of the 1997 Act, MCCs shall be responsible for the efficient and effective administration of the Magistrates' Courts for their area. MCCs must have regard to directions of the Lord Chancellor when discharging their responsibilities under Section 31.
The Lord Chancellor may give directions to MCCs
Requiring them to meet specified standards of performance
To take specified steps for the purpose of keeping magistrates informed of
developments and ascertaining the views of those magistrates on particular
matters relating to the functions of the Committee.
The Lord Chancellor has included directions on specified standards of performance
in the cash limit allocation to MCCs with the indication that the funding
for each MCC will depend upon whether that Committee achieves the standards
of performance required. The directions issued so far have included standards
of performance in relation to adherence to the Management Assurance Programme
for Fines and Fees Accounts, the time take to hear cases in respect of adult
and youth offenders and the publication of annual reports.
MCCs must also have regard to the needs of court users who are disabled. The Lord Chancellor has issued directions requiring MCCs to meet standards of performance in respect of the needs of these courts users.
In addition to their overriding responsibility for the efficient and effective administration for the Magistrates' Courts, MCCs have the following duties and powers:
The employment of staff including the appointment of Justices' Chief Executives
and Justices' Clerks
To provide training for Justices' Clerks and staff
To agree schemes of instruction for magistrates
To submit proposals to the Lord Chancellor about the organisation of petty
sessional areas within the MCC area. There is also an enabling power to align
the boundaries of commission areas with those of MCC areas
To submit annual reports and plans to the Lord Chancellor
Determination of budget and the provision of courthouses, other accommodation
and goods and services from either the Paying Authority or another source
subject to the restrictions placed upon the MCCs by the legislation
To keep prescribed accounts and records and to cause any such accounts to
be audited in accordance with the regulations
The MCC has a duty to make arrangements which protect the judicial dependence
of magistrates whilst ensuring the provision of the highest quality advice.
Under Section 48 of the 1997 Act the Justices' Clerk or any other member of
staff are not subject to direction of the MCC in respect of the exercise of
the functions of a single magistrate or giving advice to Magistrates in an
individual case.
The standards for MCCs based upon the Institute of Directors Good Practice Guide provides useful guidance in this area for Committees. Under this heading MCCs should have regard to the following areas.
Clarification of Committee and Senior Management responsibilities in particular determining the boundaries between the Committee's strategic role and the management role of the Justices' Chief Executive. Committee members are expected to be knowledgeable about but not to directly participate in, the day to day management of the Magistrates' Courts. The Committee should, therefore, define carefully and clearly the management, administrative powers, roles and responsibilities of the Justices' Chief Executive and other employees of the Committee. The levels of authority for members of staff should be set out explicitly in schemes of delegation agreed to by the Committee; especially in relation to the authority of staff to view expenditure.
Committee organisation, including induction of new members and the appointment
of senior members of staff, the Committee determines how many members it shall
have, although the appointment of those members rests with the Selection Panel.
The Committee should also have in place processes for the induction and development
of members, rules regarding the election of Chairmen and arrangements for
determining whether it is the full Committee or Sub-Committees which carry
out the functions of the Committee.
Planning and managing MCC meetings including the Committee's duty to hold
open meetings whilst maintaining confidentiality.
Improving the Committee's effectiveness as a working group, which includes
reviewing the development and induction of MCC Members, the monitoring of
performance of senior members of staff including the Justices' Chief Executive
and the agreement of standing orders for the conduct of the Committee's affairs.
The Magistrates' Courts Service Inspectorate has carried out a detailed analysis of the work of Magistrates' Courts Committees in its document "MCSI Inspection Framework" published in June 1997. The Inspectorate have identified four main responsibilities for MCCs which are:
Strategic Management
Management of Resources
Organisation of Court Business
Quality of Service
For each of these four main responsibilities the Inspectorate has identified
the activities that make up effective performance which are called Key Functions.
However, the key functions consist of broad statements encompassing several
different aspects of each responsibility. Thus the Inspectorate have identified
a number of defining elements which describe the key function more specifically.
The defining elements taken together will answer the question: "What
does the key function entail?"
Responsibility 1 ? Strategic Management
STRATEGY and PLANNING
Key function: the establishment of a pertinent purpose for its Service, complemented
by a staged plan of action and mechanisms for implementation
The MCC shows leadership in determining the strategic direction and establishing
an effective management structure
Key strategic issues are identified and effective plans of action determined
PERFORMANCE MANAGEMENT
Key function: the ongoing management of performance in order to improve efficiency
and effectiveness
Appropriate standards of performance are identified
Appropriate data is collected and evaluated systematically
Responsibility 2 ? Management of Resources
STAFF MANAGEMENT
Key function: the provision and deployment of staff capable of delivering
the MCC's objectives cost-effectively
Staff numbers enable all the required tasks to be undertaken cost effectively
Recruitment training and promotion practices ensure that staff are competent to fulfil current and predicted responsibilities
The working environment and culture promote optimum performance
PREMISES MANAGEMENT
Key function: the optimum use and maintenance of the MCC's buildings
Defining Elements
MCC Strategy and plans for courthouse and office provision balance the needs of users with cost-effective use of resources
Maintenance of current building stock is timely and cost effective
MANAGEMENT OF FINANCIAL RESOURCES
Key function: the deployment of funds to provide value for money and ensure
probity and propriety
Expenditure provides value for money
Funds are allocated in accordance with identified needs, plans and priorities
Management decisions are informed by timely reports on income and expenditure
Financial responsibility and accountability are clearly established and systems
are in place to control risk
MANAGEMENT OF INFORMATION TECHNOLOGY
Key function: the effective use of IT to support and enhance the work of the
organisation
IT is adequately established in terms of quantity, availability, and security
It is used to support the administration of cases, the collection and enforcement of fines, and the management of resources
There is a strategy for development of IT
MAGISTRATES' ARRANGEMENTS
Key function: the effective deployment of sufficient trained magistrates
Deployment of magistrates is in accordance with the Lord Chancellor's directions and meets the demands of the workload
A training programme is provided and evaluated
Effective channels of communication exist between MCCs and benches
Facilities enable magistrates to carry out their duties effectively
Responsibility 3 ? Organisation of Court Business
Key function for MCC: the setting and monitoring of performance standards for the administration of cases and accounts
ADMINISTRATION OF CASES
Key function: the deployment of funds to provide value for money and ensure
probity and propriety
Systems enable cases to be completed within an appropriate time
The needs of other agencies for prompt and accurate information are met
Organisation of Court Business
COLLECTION AND PAYMENT OUT OF FINANCIAL ORDERS
Key function: the prompt collection, enforcement and payment out of impositions
in ways which assure probity
Collection and enforcement strategies maximise collection and minimise arrears
Methods of collection and payment out are appropriate for the circumstances of users
Systems meet the requirements of the Justices' Clerks Accounting Manual
Responsibility 4 ? Quality of Service
Key function for MCC: the setting and monitoring of standards for the quality of service to be provided
TREATMENT OF USERS
Key function: the provision of a courteous, helpful and appropriate service
to all court users
Defining Elements
Court users are treated to courtesy and are offered appropriate help by staff
Waiting times on the day are kept to a minimum
Complaints are followed up and practices changed where necessary
WRITTEN INFORMATION
Key function: the provision of sufficient, clear written information about
the court and its proceedings
Defining Elements
Court users receive or have access to appropriate and clear written information
before and after court proceedings
Signs to, and within the courthouse allow most users to find their destination
unaided
FACILITIES
Key function for MCC: the provision of facilities which allow all users to
conduct their business in adequate comfort, privacy and safety
Defining Elements
All court users are able to enter and conduct their business within court buildings
Facilities for court users offer adequate comfort, taking into account the likely duration of any period of waiting
All court users have access to facilities to conduct their business with appropriate levels of privacy
Court buildings offer adequate levels of safety and security for court users
EXTERNAL RELATIONS
Key function: the maintenance of a constructive working relationship with
all professional users and positive relations with the local community
Defining Elements
There is constructive communication with professional users and agencies
The impact of court administrative decisions on other agencies is recognised
Efforts are made to build a positive view of the courts in the local community
An Effective Magistrates' Courts Committee will be identifiable by:
a pertinent purpose for its Service, complemented by a staged plan of action
and mechanism
its ongoing management of performance in order to improve efficiency and effectiveness
its provision and deployment of staff capable of delivering the MCC's objectives
cost-effectively
the optimum use and maintenance of its buildings
the deployment of funds to provide value for money and ensure probity and
propriety
its effective use of IT to support and enhance the work of the organisation
the effective deployment of sufficient, trained magistrates
the local management of staff and performance to meet corporate objectives
and to support the exercise of the Justices' Clerk's statutory responsibility
its setting and monitoring of performance standards for the administration
of cases and accounts
the prompt and accurate processing of cases and information, taking into account
the needs of court users
the prompt collection, enforcement and payment out of impositions in ways
which assure probity
the setting and monitoring of standards for the quality of service to be provided
the provision of a courteous, helpful and appropriate service to all court
users
the provision of sufficient, clear written information about the court and
its proceedings.
the provision of facilities which allow all court users to conduct their business
in adequate comfort, privacy and safety
the maintenance of a constructive working relationship with all professional
users and positive relations with the local community
BUILDING AN EFFECTIVE COMMITTEE
The IOD Standards for Magistrates' Courts Committees identify key areas of knowledge required by Members of the Magistrates' Courts Committee and a number of personal qualities to be exhibited by Committee Members in order to build an effective Committee.
The standards identify the following key areas of Magistrates' Courts Committee Members knowledge and understanding.
Specific to MCCs:
Corporate Governance and in particular the seven principles of public life identified by the Nolan Committee.
Committee roles, relationships and processes (including leadership, group roles and dynamic decision making, problem solving, communication network etc.
Standards of good practice for public bodies.
Corporate finance and accounting principles and practices from the perspective
of the public bodies accountable for the use of public funds.
Specific to Magistrates' Courts Service
Evaluating strategic options for the provision of services in this area
Strengths and weaknesses for the Magistrates' Courts Service in this area
Requirements and arrangements for meeting the training needs of magistrates and staff in this area
Appraisal, remuneration, development of staff
Legal status of MCCs, their statutory powers and obligations
Relating to the MCCs Environment
Contemporary thinking and development for leadership management and practices and organisational behaviour
Public affairs and corporate communication (including relations with magistrates, community and other interested parties)
Political, economic, social/cultural and technological influences
Key trends in the MCC's environment
THE SEVEN PRINCIPLES OF PUBLIC LIFE
SELFLESSNESS
Holders of public office should take decisions solely in terms of the public
interest. They should not do so in order to gain financial or other material
benefiting themselves, their family or their friends.
INTEGRITY
Holders of public office should not place themselves under any financial or
other obligations with outside individuals or organisations that might influence
them in the performance of their official duties.
OBJECTIVITY
In carrying out public business, including making public appointments, awarding
contracts or recommending individuals for rewards and benefits, holders of
public office should make choices on merit.
ACCOUNTABILITY
Holders of public office are accountable for their decisions and actions to
the public and must submit themselves for whatever scrutiny is appropriate
thereafter.
OPENNESS
Holders of public office should be as open as possible about all the decisions
and actions that they take. They should give reasons for their decisions and
restrict information only on a wider public interest clearly demands
HONESTY
Holders of public office have a duty to declare any private interest relating
to their public duties and to take steps to resolve any conflicts arising
in a way that protects the public interest.
LEADERSHIP
Holders of public office should promote and support these principles by leadership
and example
THE ROLE OF THE COURTS COMMITTEE CHAIRMAN
The Chairman is appointed by the Magistrates' Courts Committee on an annual basis. The Chairman is not entitled to discharge any of the functions of the Committee unless there has been a specific decision by the Committee under Section 30(5) of the 1997 Act.
The Chairman should be the public spokesperson for the Committee and the main point of contact between the Committee and the Lord Chancellor, except where the Committee has agreed that an individual member should act on its behalf. The main point of contact between the Committee and the Lord Chancellor's Department and the Paying Authority and other outside bodies/persons on day to day matters will normally by the Justices' Chief Executive or another member of staff who is authorised to act on behalf of the Committee.
The Chairman should ensure that all members of the Committee, when taking up office, are fully briefed on the terms of their appointment and on their duties and responsibilities. They should also be given a copy of the Code of Corporate Governance, if there is one, and other relevant background material such as the Strategic Plan, Annual Report, Budget Strategy, Revenue Budget and the Rules and Procedures of the Committee. The Chairman should ensure that each new Committee Member is inducted on the duties of the Committee.
The Chairman has particular responsibility for providing effective strategic leadership upon matters such as:
Formulating the Committee's Strategy for discharging statutory duties
Representing the views of the Committee to the general public
Ensuring that the Committee, in reaching decisions, gives proper account of guidance from the Lord Chancellor's Department
Encouraging high standards of probity in promoting efficient and effective use of staff and other resources throughout the Magistrates' Courts Committee area
Providing an assessment of performance of individual Committee Members on
request of the Selection Panel when they are being considered for re-appointment
to the Committee
The Chairman should ensure that the Committee meets at regular intervals throughout
the year and that minutes of meetings accurately record decisions taken and
where appropriate views of individual Committee Members. The Chairman should
also ensure that the Committee, Sub-Committees, Working Groups and Members
comply with the Standing Orders of the Committee.
ROLE OF THE JUSTICES' CHIEF EXECUTIVE
The Justices' Chief Executive has a statutory responsibility to effect the efficient and effective administration of the Magistrates' Courts in the Magistrates' Courts Committee (MCC) area, subject to any directions given by the MCC. In addition to this overriding duty, the Justices' Chief Executive has a number of statutory functions which include acting as Clerk to the MCC and the Collecting Officer for Fines and Fees Accounts.
The Justices' Chief Executive is Head of the MCC's paid service and is responsible for managing the service across the Committee's area. She/he will be responsible for the leadership and overall direction of all Committee staff subject to the protection given to Justices' Clerks and other staff in respect of the performance of the functions of a single Justice of the Peace and the giving of advice in particular cases.
The main duties and responsibilities of the Justices' Chief Executive can be considered under two categories:
Advice to the Magistrates' Courts Committee
Management of the Magistrates' Courts Service
Advisory Duties
The Justices' Chief Executive acts as principal adviser to the MCC to ensure the provision of the best possible advice and support to the Committee; in particular:
In formulating the Strategic Plans for the future development to the Magistrates'
Courts Service to ensure the delivery of a high quality and cost effective
service
In establishing and maintaining an effective corporate management structure
In establishing and maintaining systems for review and forward planning of
the service including the use of performance indicators
Management Responsibilities
The management responsibilities for the Justices' Chief Executive include the following:
Leading and directing the Corporate Management Team
Overseeing the management of all staff in the service
Ensuring the effective and efficient use of various resources available to the Committee
Establishing performance standards and monitoring the performance of services across the Committee area
Developing and maintaining a management information system to provide statistics
for the Lord Chancellor's Department and to assist the Committee in its policy
development.
The Justices' Chief Executive also has responsibility for arranging discussions
to promote consistency of legal advice amongst Justices' Clerks without him
or herself giving formal ruling.