The Justices of the Peace Rules 2016

Made: 30th June 2016

Laid before Parliament: 7th July 2016

Coming into force in accordance with rule 1

section 45(4) of the Children and Young Persons Act 1933[^f00003] with the concurrence of the Lord Chancellor and after consultation with the Criminal Procedure Rule Committee in accordance with section 45(6) of that Act:

PART 1 — Introductory provisions

Citation and commencement

1

• (1) These Rules may be cited as the Justices of the Peace Rules 2016.

• (2) These Rules come into force on 31st July 2016 for the purposes of—

• (a) Part 1 (introductory provisions);

• (b) Part 2 (composition of magistrates’ courts);

• (c) Part 3 (elections);

• (d) Part 4, Chapter 1 (compulsory training);

• (e) Rule 23 (JTAAAC selection panel), and

• (f) Rule 27 (FTAAAC selection panel).

• (3) These Rules come into force on 1st April 2017 for the purposes of—

• (a) Part 4, Chapter 2 (JTAAAC), other than Rule 23;

• (b) Part 4, Chapter 3 (FTAAAC), other than Rule 27, and

• (c) Part 4, Chapter 4 (provisions relating to both JTAAACs and FTAAACs).

Revocations and transitional provisions

2

• (1) Subject to paragraph (2)—

• (a) the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 (“the 2005 Rules”)[^f00004];

• (b) the Family Court (Constitution of Committees: Family Panels) Rules 2014 (“the 2014 Rules”)[^f00005], and

• (c) the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007 (“the Youth Courts Rules 2007”)[^f00006]

are revoked.

• (2) Appointments made under the 2005 Rules continue until 31st March 2017 as if those Rules were still in force.

• (3) The Justices of the Peace (Training and Development Committee) Rules 2007 (“the TDC Rules 2007”)[^f00007] remain in force until 31st March 2017, after which date they are revoked.

• (4) Appointments made under the TDC Rules 2007 continue until 31st March 2017 (but do not continue after that date), even if, by virtue of those Rules, they would otherwise end before that date.

• (5) Any period of office under Rule 13 of the 2005 Rules is counted as a term when determining whether a justice is eligible for re-election under Rule 18, except where any such period of office is three months or less.

• (6) The term of any appointment under the TDC Rules 2007 is counted when determining whether a justice is eligible for re-election under Rule 28.

Interpretation

3

In these Rules—

• “adult court” means a magistrates’ court other than a youth court;

• “advisory committee” means one of the Lord Chancellor’s advisory committees on justices of the peace;

• “eligible justice” means a justice or a family justice who is eligible to stand for election and to vote in an election pursuant to Rule 7;

• “family justice” means a justice who is authorised by or on behalf of the Lord Chief Justice to conduct business in the family court;

• “family justice member” has the meaning given in Rule 26(1)(a);

• “FTAAAC” means a Family Training, Approvals, Authorisations and Appraisals Committee, and references to justices in relation to an FTAAAC mean family justices assigned to the local justice area or areas in the FTAAAC area;

• “FTAAAC area” means the area specified by or on behalf of the Lord Chief Justice as the area for which an FTAAAC operates;

• “FTAAAC selection panel” means the selection panel for each FTAAAC area, elected to appoint members of the relevant FTAAAC;

• “JTAAAC” means a Justices’ Training, Approvals, Authorisations and Appraisals Committee, and references to justices in relation to a JTAAAC mean justices assigned to the local justice area or areas in the JTAAAC area;

• “JTAAAC area” means the area specified by or on behalf of the Lord Chief Justice as the area for which a JTAAAC operates;

• “JTAAAC selection panel” means the selection panel for each JTAAAC area, elected to appoint the members of the relevant JTAAAC;

• “justice” means a justice of the peace who is not a District Judge (Magistrates’ Court) and, in relation to a local justice area, means a justice who is assigned to that area;

• “justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;

• “justice member” has the meaning given in Rule 22(1)(a);

• “magistrates’ court” means any court in which a justice is authorised to sit, other than a family court or a Crown Court, and

• “youth justice” means a justice who is authorised by or on behalf of the Lord Chief Justice to sit as a member of a youth court.

PART 2 — Composition of magistrates’ courts

Size of bench

4

The number of justices sitting to deal with a case as a magistrates’ court must not be greater than three.

Presiding justices

5

• (1) This Rule does not apply to any justice sitting in a magistrates’ court in accordance with section 16A of the Magistrates’ Courts Act 1980[^f00008].

• (2) Subject to paragraph (3), a magistrates’ court must be presided over by—

• (a) a District Judge (Magistrates’ Courts);

• (b) a justice who has been approved in accordance with these Rules, or

• (c) a justice who has completed or is undertaking approved training courses in accordance with Rule 19(b) or (d) (as applicable), and is under the supervision of a justice who has been approved to preside in that court.

• (3) The justices present may, in the absence of a justice entitled to preside under paragraph (2), appoint one of their number to preside in a magistrates’ court to deal with any case if—

• (a) before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed, and

• (b) except as mentioned in paragraph (4), the justice proposed has completed or is undertaking training courses in accordance with Rule 19(b) or (d) (as applicable) to enable that justice, if approved, to preside in that court.

• (4) The condition in paragraph (3)(b) does not apply if by reason of illness, circumstances unforeseen when the justices to sit were chosen, or other emergency, no justice who complies with that condition is present.

PART 3 — Elections

CHAPTER 1 — Procedure

General provision

6

This Part sets out the election procedure for —

• (a) the offices of chairman and deputy chairman for each local justice area, and

• (b) membership of the FTAAAC and JTAAAC selection panels for each FTAAAC and JTAAAC area.

Eligibility of justices and family justices

7

• (1) A justice is eligible to stand for election and to vote in an election for the offices of chairman and deputy chairman, and membership of a JTAAAC selection panel if, on the relevant date, that justice is assigned to a local justice area to which the election relates.

• (2) A family justice is eligible to stand for election and to vote in an election for membership of an FTAAAC selection panel if, on the relevant date, that justice is assigned to a local justice area to which the election relates.

• (3) The relevant date in paragraphs (1) and (2) is the day on which the justices' legal adviser informs the eligible justices under Rule 10(2).

Procedure for elections

8

• (1) The election procedure consists of a notice of candidacy procedure, and, except as provided in paragraph (2), a secret ballot.

• (2) A secret ballot is not required where the justices required to fill the available vacancies are elected under Rule 10(6)(a) or (b).

• (3) The timetable for the election procedure must be determined by the justices' legal adviser and published before or at the start of the procedure.

• (4) Any timetable must allow sufficient time for receipt of notices of candidacy and a secret ballot where required.

Deputy chairmen

9

• (1) The election procedure in respect of a deputy chairman must commence after the election of the chairman has been completed and the result declared.

• (2) The number of deputy chairmen is determined by the justice elected as chairman for the duration of the term in which the deputy chairman or chairmen will serve.

Notice of candidacy procedure

10

• (1) Eligible justices who want to be elected in respect of a vacancy must complete a notice of candidacy.

• (2) The justices' legal adviser must inform eligible justices that they may submit a notice of candidacy, in accordance with paragraph (3).

• (3) The justices' legal adviser must determine and specify:

• (a) the manner in which notices are to be submitted;

• (b) the means by which notices can be submitted, and

• (c) a closing date for receipt of notices.

• (4) The justices' legal adviser, or anyone nominated to act on their behalf, must be satisfied that each notice has been submitted in accordance with the specifications made under paragraph (3).

• (5) A notice that has not been submitted in accordance with the specifications in paragraph (3) must not be treated as a valid notice.

• (6) Where—

• (a) a single valid notice of candidacy is received for a vacancy, the candidate who submitted that notice is elected;

• (b) the number of valid notices of candidacy received is less than or equal to the number of vacancies, those candidates are elected.

• (7) As soon as practicable after an election under paragraph (6), the justices' legal adviser must notify the candidates as to the result.

• (8) As soon as practicable after notifying the candidates under paragraph (7), the justices' legal adviser must notify the eligible justices as to the result.

Secret ballot

11

• (1) Where the valid notices of candidacy exceed the number of vacancies, the justices' legal adviser must arrange a secret ballot.

• (2) The justices' legal adviser must inform the eligible justices that they may vote in the secret ballot in accordance with paragraph (3).

• (3) The justices' legal adviser must —

• (a) determine and specify the procedure to be followed for the ballot;

• (b) inform eligible justices of the names of the candidates and the means by which votes may be cast, and

• (c) specify a closing date by which votes must be cast if they are to be counted in the ballot.

• (4) Where the election is for a single vacancy, each eligible justice may cast one vote in accordance with the specified procedure.

• (5) Where the election is for more than one vacancy, each eligible justice may cast one vote per vacancy (up to but not exceeding the number of vacancies) in accordance with the specified procedure.

Determining result of secret ballot

12

• (1) Where there is a single vacancy, the candidate who receives the highest number of votes cast is elected.

• (2) Where there is more than one vacancy, the requisite number of candidates (being the number equal to the number of vacancies) who have received the highest number of votes are elected.

• (3) If—

• (a) two or more candidates have received an equal number of votes for a vacancy (the “tied candidates”), and

• (b) taking into account the election of any candidate who has received a higher number of votes than the tied candidates—

• (i) the election of one or more of the tied candidates is necessary to make up the requisite number, but

• (ii) the election of all of the tied candidates would exceed the requisite number,

the justices' legal adviser must decide between them by lot, and paragraph (4) applies.

• (4) Where this paragraph applies, the candidate or candidates (as applicable) on whom the lot falls is elected.

• (5) As soon as practicable after an election under this Rule, the justices' legal adviser must notify the candidates, as to—

• (a) the result;

• (b) the number of votes cast for each candidate, and

• (c) where relevant, if a lot was required.

• (6) As soon as practicable after notifying the candidates under paragraph (5), the justices' legal adviser must notify the eligible justices as to—

• (a) the result;

• (b) the number of votes cast for each candidate, and

• (c) where relevant, if a lot was required.

Miscellaneous provisions about secret ballots

13

• (1) Unless otherwise determined in accordance with Rule 16, the justices' legal adviser must not treat a ballot as invalidated by reason of—

• (a) information sent by the justices' legal adviser in accordance with the election procedure not being received by a justice,

• (b) a vote not being received by the justices' legal adviser.

• (2) Where an eligible justice does not follow the specified procedure, any vote by that eligible justice must not be taken into account when the votes are counted.

• (3) The justices' legal adviser and any other person carrying out the ballot procedure must not disclose how any justice voted in any ballot.

Withdrawal of notices of candidacy

14

• (1) A candidate may withdraw their notice of candidacy—

• (a) before the closing date for receipt of notices;

• (b) where, after the closing date, there is (or otherwise would be) a need for a ballot, before the justices' legal adviser has provided to the eligible justices the information under Rule 11 (3)(b), or

• (c) where there has been a ballot and an equality of votes requires the drawing of lots, before the lots are drawn.

• (2) Where a candidate has withdrawn their notice of candidacy after the closing date for receipt of notices but before the justices' legal adviser has provided to the eligible justices the information under Rule 11(3)(b), the name of that candidate must be omitted from the ballot, save that—

• (a) where (after the withdrawal of the notice) there is only one candidate for a single vacancy, that candidate is elected, and

• (b) where (after the withdrawal of the notice) the number of candidates equals or is less than the number of vacancies, those candidates are elected.

• (3) Where a candidate has withdrawn their noticeafter there has been a ballot and an equality of votes requires the drawing of lots, that candidate’s name must not be included in the drawing of lots, save that—

• (a) where (after the withdrawal of the notice) there remains only one candidate for a single vacancy, that candidate is elected;

• (b) where (after the withdrawal of the notice) the number of candidates for the relevant vacancy equals or is less than the number of vacancies, those candidates are elected.

Absence or insufficiency of notices of candidacy

15

• (1) Where no notices of candidacy have been received within the relevant timetable, or all notices submitted are withdrawn, the justices' legal adviser must inform the eligible justices of that fact and inform them that they may further submit notices by a date specified by the justices' legal adviser.

• (2) Where notices are received in accordance with paragraph (1), the procedure set out at Rule 8 must be followed.

• (3) If no notices are received in accordance with paragraph (1) for the office of chairman, the justices' legal adviser must arrange a secret ballot, following the procedure in Rules 11, 12 and 13.

• (4) For the purposes of the secret ballot under paragraph (3), all eligible justices must be treated as candidates and their names presented in alphabetical order for the vote.

• (5) If no or insufficient notices are received in accordance with paragraph (1) for the office of deputy chairman, any vacancy may remain for the duration of the term.

• (6) In respect of a local justice area, if either—

• (a) no notices are received in accordance with paragraph (1) for election to a JTAAAC selection panel; or

• (b) insufficient notices are received for members of a JTAAAC selection panel,

the chairman of that local justice area must select the requisite number of justices to act in that regard.

• (7) In respect of a local justice area, if either—

• (a) no notices are received in accordance with paragraph (1) for election to an FTAAAC selection panel, or

• (b) insufficient notices are received for members of an FTAAAC selection panel,

the justice with the leadership role in relation to family justices in the area must select the requisite number of justices to act in that regard.

Material irregularity in election procedure

16

• (1) Where the justices' legal adviser is satisfied (either of their own motion or following representation from an eligible justice) that a material irregularity has occurred in the election procedure, the justices' legal adviser may revoke the result of the election and repeat the election procedure, or a part of it, in respect of the relevant vacancy or vacancies.

• (2) An eligible justice must make a representation as to any material irregularity to the justices' legal adviser within 14 days of the notification of the result of the election under Rule 10(8) or 12(6).

• (3) The justices' legal adviser must notify the eligible justice who made the representation of their decision within 14 days.

• (4) If the justices' legal adviser does not repeat the election procedure, an eligible justice may, within 14 days of notice of such decision, request a judicial office holder, nominated for this purpose by the Lord Chief Justice, to revoke the result of the election and repeat the election procedure, or a part of it.

• (5) The eligible justice making a request under paragraph (4) must—

• (a) make the request in writing to the justices' legal adviser; and

• (b) specify the grounds on which the request is made.

• (6) The nominated judicial office holder may—

• (a) confirm the result of the election, or

• (b) if satisfied that a material irregularity has occurred in the election procedure, revoke the result of the election and direct the justices' legal adviser to repeat the election procedure, or a part of it.