National Strategy for the Recruitment of Lay Magistrates

National Strategy for the Recruitment of Lay Magistrates

CONTENTS Page Foreword by the Lord Chancellor 2 1. Background Review 3 2. Issues Affecting the Magistracy 6 3. Current Initiatives 9 4. Strategic Objectives 12 Annex A Annex B Annex C Recruitment and Retention of Magistrates Raising the Profile of the Magistracy Supporting the Appointments Process Annex D Composition of the Lay Magistracy 2003 1

Foreword by the Lord Chancellor Magistrates are recruited from members of the local community. No formal qualifications are required, but applicants are expected to demonstrate common sense, integrity, intelligence and the capacity to act fairly. They perform a valuable service on behalf of their communities and their role is pivotal to the administration, not only of local justice, but to our judicial system as a whole. Approximately 97% of criminal cases begin and end in the Magistrates Courts. Specially trained magistrates can deal with young offenders; certain family cases, and also take responsibility for licensing, betting and gaming matters in their area. I consider it particularly important that the magistracy is seen to be representative of all sections of our society and that no one group of people should feel that they are under-represented on the magistrates bench. My Department is already involved with a number of initiatives aimed at encouraging young people and minority ethnic groups to become involved in the judicial process and, although the ethnic make up of the magistracy countrywide is close to the national average for cultural representation per head of population there are still regional variations, both in age and ethnicity that need to be addressed. To achieve this I have commissioned a National Recruitment Strategy, which will examine not only how to raise the profile of the magistracy generally, but also to develop a framework to target the recruitment and retention of magistrates from under represented groups, whilst continuing to draw on the support of those who have traditionally provided the backbone of local recruitment. The strategy will aim to highlight the importance of the work of magistrates, particularly to employers, who must be persuaded that, by allowing staff who are magistrates time off to carry out their duties, they are contributing enormously to the maintenance of local justice and the values of good citizenship. This approach will also be designed to encourage the self-employed that they, too, have a role to play in serving their community by directing their individual talents towards furthering the cause of justice in the community. I rely on my regional Magistrates Advisory Committees to carry out local recruitment campaigns and to recommend to me those people whom they feel meet the criteria for appointment as a magistrate. The National Recruitment Strategy will draw together the experience of the Advisory Committees with a view to combining best practice and ensuring that recruitment is carried out in a targeted, professional and co-ordinated manner. The Strategy will build on what we have already learnt and help us to develop new ideas. This is intended to be a living document that can be changed and updated regularly and I am happy to encourage you to comment on the Strategy and to offer suggestions on how we might improve our approach. Lord Falconer of Thoroton Secretary of State and Lord Chancellor 2

1. Background Review 1. As part of its response to the report of the Stephen Lawrence Inquiry, the Lord Chancellor s Department (now the Department for Constitutional Affairs) set up an audit of policies and procedures in every part of its work, to assess the extent to which they provide equality of opportunity and support diversity. A working group was set up to seek to satisfy itself that there are in place policies and procedures, which are effective in: Encouraging applications for appointment to the lay magistracy from all sections of society. Eliminating discrimination in the appointment process and ensuring that all applicants are treated fairly. Appointing lay magistrates who, as a group, reflect the diversity of the society they serve. 2. The working group reported to the Lord Chancellor in April 2000. The main findings of the report were that the existing system is not fundamentally flawed and has in place many of the structures necessary to ensure equality. However, it noted that an integrated national recruitment strategy, rather than the current piecemeal approach, would serve to encourage applications from people from under-represented groups and to coordinate local campaigns. 3. The report "Criminal Justice - The Way Ahead", published in February 2001, confirms the efforts made to ensure that each lay bench broadly reflects the community it serves. It also corroborates that the composition of the lay magistracy nationally is now approaching ethnic representativeness, but that there are still variations locally in ethnic composition and an imbalance of age range. 4. The Lord Chancellor committed to addressing these concerns by commissioning a National Strategy for the Recruitment of Magistrates. In light of the review undertaken by Sir Robin Auld (see 5), work on the Strategy was deferred to the end of January 2002. 3

5. As part of his "Review of the Criminal Courts of England and Wales", Sir Robin Auld considered the selection and appointment of magistrates. He identified as the main problem the discovery and recruitment of a sufficient and appropriate range of candidates for appointment, not the criteria for, nor the mechanics of, their appointment. He pointed to the need to provide benches of magistrates that reflect more broadly than at present the communities they serve by: Reviewing the community relations and educational initiatives of benches with a view to better inform the public of their work and to attract more suitable candidates for appointment; Supporting the local Advisory Committees by establishing a properly resourced National Recruitment Strategy aimed not only at candidates for the magistracy but also at their employers; Equipping local Advisory Committees with the information to enable them to submit for consideration for appointment candidates that will produce and maintain benches broadly reflective of the communities they serve, including the establishment and maintenance of national and local databases of information on the make-up of the local community and the composition of the local magistracy; Instituting a review of the ways in which the role and terms of service of a magistrate might be made more attractive and manageable to a wider range of the community than is presently the case; and Persisting with the current search for a substitute for political affiliations as a measure of social balance. 6. Proposals to take forward reforms to the criminal justice system have been set out in the White Paper Justice For All, which was published in July 2002. This document focuses on a number of issues aimed at re-balancing the criminal justice structure in favour of the victim. 4

7. Getting the process right at the earliest stages is essential and some of the proposed reforms will include: Reducing the delay in the disposal of magistrates court cases Extending sentencing powers of magistrates from 6 to 12 months. Requiring magistrates to sentence all those they have found guilty, rather than committing some to be sentenced in the Crown Court. Integrating the management of courts within a single courts administration and allowing Crown Court judges to conduct trials in magistrates courts. 5

2. Issues Affecting the Magistracy 8. The Lord Chancellor appoints magistrates (Justices of the Peace) in England and Wales save for the Duchy of Lancaster, where, currently, the Chancellor of the Duchy of Lancaster makes appointments. The Prime Minister is committed to ensuring that appointment procedures and policies are consistent nationally. 9. In his review, Sir Robin Auld recommended that the present division of responsibility for appointments between the Lord Chancellor and the Duchy of Lancaster should be reviewed. 10. Proposals in the review to transfer the responsibility for appointing magistrates within the Duchy of Lancaster to the Department for Constitutional Affairs (DCA) are being examined. 11. To assist in identifying and recommending suitable applicants for the magistracy, there are a number of Advisory Committees throughout England and Wales that are responsible directly to the Lord Chancellor. 12. Each Advisory Committee either forms Interview Panels from its members or creates formal Sub-Committees to undertake the task. These Committees and Sub-Committees are made up of one-third nonmagistrates and two thirds serving magistrates. The Advisory Committees recommend suitable applicants for appointment to the Lord Chancellor. 13. To assist Advisory Committees, the Lord Chancellor has issued Directions for Advisory Committees on Justices of the Peace. The Directions are a public document, currently being revised and will be published simultaneously in print and on the DCA website (www.dca.gov.uk/). 14. It falls to each Advisory Committee to seek to achieve a balance in terms of gender, ethnic background, occupation, geographical location and diversity of those suitable individuals who are recommended for appointment. It follows that a broad mix of applicants is essential, for a representative bench to be appointed. 6

15. The general, but erroneous, view is that magistrates are predominately middle aged and middle class. We need to challenge that perception and continue to recruit a spread of applicants from all walks of life and across all groups within the community. 16. If the magistracy is to reflect the society it serves, then all within society need to be convinced that the rule of law is fundamental and necessary to modern society, that it serves their purpose and that they should play a full part in the administration of justice. 17. There is no national, structured campaign to raise awareness and to portray the magistracy as a positive way of serving the community. Understanding is an important factor to increasing confidence in the criminal justice system. 18. There is a general difficulty in attracting applications from the working public. This is due in part to a lack of awareness of the responsibilities of a magistrate and of the entry requirements (or lack of them). 19. The common perception is that you need to have a legal qualification or background to become a magistrate. In fact, suitability for appointment is measured against six key qualities defining personal fitness, namely: good character understanding and communication social awareness maturity and sound temperament sound judgement and commitment and reliability 20. Sir Robin Auld s review recommended that the National Strategy should be aimed at raising awareness amongst employers of magistrates. 21. The message needs to be relayed to employers that service on the Bench allows magistrates to acquire marketable competencies that are transferable to the workplace, including mentoring and appraisal skills. 7

22. At this time, there is a significant discrepancy in the number of magistrates within various age groups. The table at Annex D sets out nationally, the profile of lay magistrates at 1 April 2003. 23. Although we greatly value the contribution of senior magistrates, for the magistracy to survive, more young people must be encouraged to come forward and apply to be magistrates. 24. It is vital that youth and family panels have a healthy pool of experienced magistrates. A representative bench, including a range of age groups, must also be a consideration to ensure that respect for the criminal justice system is maintained. 25. It is difficult to attract applicants in the younger age groups. Couples are starting their families later, so they cannot find the time for voluntary work until later in life. Some one - parent families cannot spare time to undertake voluntary work. Many people cannot afford to undertake unpaid voluntary work. 26. Nationally, magistrates sit over half a million days each year - this should be set against the costs of improving awareness and recruitment. 27. Where there are insufficient magistrates in any court to support the level of sittings, it places pressure on the existing magistrates to sit more often thereby increasing stress and pressure from employers/ peers etc. 8

3. Current Initiatives A Judiciary for All 28. With the help of Operation Black Vote (OBV) the Department for Constitutional Affairs launched the Magistrates Shadowing Scheme to increase the proportion of lay magistrates from an ethnic minority background. Recent information on judicial appointments show that just over 6% of the magistracy come from ethnic minority communities which make up 7.9% of the population as a whole - (Source: Census April 2001 Office of National Statistics).These national figures mask significant differences from one area of the country to another. 29. The pilot exercise carried out between 2001-02 was a great success and many participants have since applied to become magistrates. The Department for Constitutional Affairs is providing a grant in excess of 100,000 in 2003 to OBV for phase two of this project and is committed to continuing funding throughout 2004. This work has three strands: encouraging participation; job shadowing; and education and training. 30. This scheme is designed to enable individuals to gain invaluable experience of life as a magistrate. 31. Shadowers can only apply at the court where they gained their experience three months after the programme - however they can apply to another court at any other time. 32.Those involved in the initiative have agreed to become community ambassadors, explaining and promoting the role of magistrates and the courts in which they work with the support of a magistrate mentor from the Magistrates in the Community Project. 9

Citizenship Foundation 33. The Citizenship Foundation is an independent charity funded by grants from business, commerce, government and private donors which promotes citizenship education in the fields of: Rights and responsibilities Law and the legal system Human rights Education for democracy Moral and critical thinking 34. DCA supports the annual Magistrates' Court Mock Trial Competition with annual grants. 35. The competition is organised by the Foundation in conjunction with the Magistrates' Association and DCA. The competition aims to open up and demystify the court process. 36. Students rehearse specially written cases and have the opportunity to take part in mock trials in real Magistrates' Courts. 37. Last year, over 350 schools, 4,500 students and approximately 800 magistrates participated in heats in more than 60 Magistrates' Courts all over England, Wales and Northern Ireland. Magistrates in the Community Project (MiC) 38. This is a project that aims to inform the public about the work of the magistracy and generally raise its profile. 39. It encompasses all the public relations work undertaken by magistrates at local level with the broad aim of "raising awareness in the community of the lay magistracy and its work in magistrates' courts, thereby increasing respect and confidence in justice and the criminal justice system". 40. The Department for Constitutional Affairs funds the whole of the MiC project. Nearly every branch of the Magistrates' Association has a branch liaison officer who will know all the co-ordinators, usually one for each 10

bench. The co-ordinators organise activities that seek to reach new audiences and find new ways of presenting material to meet the needs of different sections of communities. 41. About 3,000 magistrates nationally take part in the project. Activities have included: Providing a general outline of magistrates' courts for schools as part of the national curriculum regarding citizenship; Using a pop -up theatre to demonstrate how a magistrates court looks and works to schoolchildren with special educational needs; Participation in open days; Arranging visits to courts; Talking to an Asian visually impaired community group; Staffing a stand at CBI and TUS conferences; Assisting in training police recruits; Presentations to the U3A (University for the Third Age). 42. The Magistrates Association has also developed a training pack to assist in presentations to communities and to employers. The training pack provides basic guidance for those who go into the community to raise awareness of the work of the magistracy. 43. They also aim to inform employers of the importance of their role in supporting magistrates in their employment. A booklet entitled "Local Business, Local; Justice - A guide for Employers" supports the section aimed at employers. This booklet is currently being reviewed and updated. DCA funds the cost of publication. 11

4. Strategic Objectives 44. The three main objectives of the national strategy are: To recruit and retain magistrates from a diverse spectrum of the population. To raise the profile of the magistracy and dispel generally held misconceptions about its make up and the entry requirements. To support the appointments process. 45. The following sequence of annexes set out a detailed programme of action that we propose to take to achieve our objectives. The annexes are arranged in three separate sections reflecting each of the abovementioned aims: Annex A - Recruitment Strategy Annex B - Raising the Profile of the Lay Magistracy Annex C Supporting the Appointments Process Annex D Composition of the Lay Magistracy 2003 12

ANNEX A - RECRUITMENT AND RETENTION - Objectives Proposed action Anticipated development cost High Medium Low That we continue to develop ways of recruiting magistrates from a wide spread of people, particularly from groups who are currently under-represented nationally. We will source data from the 2001 Census to obtain a breakdown of minority ethnic groupings by locality and target areas that are underrepresented. We will make contact with organisations representing the interests of disabled groups to seek their views on how to direct a recruitment campaign toward people whose disabilities would not prevent them from becoming magistrates. We will focus on what barriers there may be to recruiting the selfemployed to the magistracy and carry out research to ascertain how such difficulties might be overcome. We will replace political affiliation as a measure of diversity on the Bench with a system based upon socio-economic profiles utilising demographic data from the 2001 Census. We will investigate the possibility of recruiting from complementary groups, such as Neighbourhood Watch, which has 160,00 local schemes operating nationally. To continue to develop a socially diverse bench that will be representative of all sectors of society. We will liaise with the Office for National Statistics to obtain the most recent demographic data from the Census so that comparisons can be made between the make up of any given Bench area and the neighbourhood they encompass. Statistical information derived from such comparisons will be used to enable targeted recruitment campaigns to be carried out locally to try and re-dress any perceived imbalances in the composition of Benches. We will review our policy on the age of recruitment for lay magistrates. We will identify and focus resources on areas where recruitment is a problem. 1

ANNEX A - RECRUITMENT AND RETENTION - Objectives Proposed action High Medium Low That we consider ways of building more flexibility into We will aim to develop an agreed formula with the Magistrates court sittings, so those magistrates with other Courts Service, the Magistrates Courts Administration Division and number of required sittings. responsibilities are able to meet at least the minimum flexibility to accommodate magistrates who have other other stakeholders which will give clear guidance on the need for responsibilities, e.g. as carers or to employers. We will consider whether the minimum sittings for lay magistrates To expand and develop contacts with other government departments, stakeholders and organisations connected with the criminal justice system. The development of a First Contact system aimed at following up initial enquiries from potential recruits. should be altered from 26 to 24 half days in effect one day a month. We will continue to identify and develop partnerships with stakeholders and other organisations with the aim of progressing with the evolution of the national strategy. We will liaise with the Home Office s Active Community Unit in an attempt to develop a joint approach to influence under-represented groups, including younger people, to volunteer their services as magistrates. We will look at ways to follow-up initial enquiries from potential magistrates and encourage them to visit a Magistrates Court and/or meet a magistrate mentor to discuss any concerns they might have about the duties they will be expected to undertake. Advisory Committees will be encouraged to appoint a recruitment coordinator(s) to act as a first point of contact for new applicants and to follow-up enquiries. Recruitment co-ordinators will be informed of the names and addresses of people who contact DCA HQ for application forms or express an interest in the magistracy. 2

ANNEX A - RECRUITMENT AND RETENTION - Objectives Proposed action High Medium Low That we review and revise all existing recruitment We will aim to work with all stakeholders to review existing posters literature. and other recruitment literature. We will develop a leaflet that sets out in simple terms the duties of a magistrate, the entry requirements and the importance of their role in modern society. This leaflet will also explain the training expectations and ancillary roles of magistrates, including mentoring and appraisal competencies. Employers should be targeted and encouraged to release We will develop a campaign aimed at employers. Its purpose will be to staff who are magistrates to enable them to fulfil their enable employers to recognise that they perform a vital function within duties. the criminal justice system. To appreciate that staff in the magistracy gain marketable skills that are transferable to the workplace at no cost to themselves, e.g. the moral authority to make difficult decisions, selfconfidence, teamwork, appraisal, mentoring and communication skills. We will foster contacts with trade associations, the Institute of Directors, CBI, Small Business Federation, trade unions and Chambers of Commerce. We will encourage businesses to recognise that they can demonstrate social responsibility by encouraging staff to become involved in community work, such as the magistracy, and that this can benefit them by improving their reputation and fostering contacts in the wider marketplace. We will work with the Magistrates Association to revise the publication Local Business, Local Justice aimed at employers. We will aim to develop a relationship with Business in the Community with a view to encouraging initiatives that will persuade employers to release staff for magisterial duties. We will develop a recognition scheme for employers who support magistrates, for example a wall plaque and certificate from the Lord Chancellor. We will initiate dialogue with Investors in People to ascertain whether their scheme can be developed to incorporate an element aimed at encouraging businesses to promote voluntary work, such as the magistracy, amongst their staff. 3

ANNEX A - RECRUITMENT AND RETENTION - Objectives Proposed action High Medium Low That a review of the recruitment process be undertaken We will review our recruitment system to consider how we can with the aim of speeding up the process between expedite the procedure from receipt of an application, through the application, interview and appointment. interview process to nomination and appointment. In consultation with the Advisory Committees we will develop a method of keeping applicants informed of the progress of their To revise existing methods of recruitment advertising and consider alternative possibilities. applications. We will direct recruitment campaigns through various media outlets, including local newspapers and radio, and specialist publications amongst others, those representing specific target groups. We will investigate the possibilities of internet advertising and, specifically, the creation of a dedicated website with hyperlinks to related sites. On line application forms for the lay magistracy will be made available with links to addresses of local Advisory Committee contacts made automatically by utilising a post code identification system. Downloadable forms for referees will be considered. A tool kit of information will be created for use by Advisory Committees combining the best ideas from previous regional recruitment campaigns and extending the reach of initiatives that are currently being undertaken. To investigate the creation of support networks for magistrates, particularly from under-represented groups and to consider methods for retaining magistrates. We will discuss with the Magistrates Association and other interested groups the creation of networks to support and encourage magistrates from ethnic minorities and those with disabilities. We will encourage magistrates from under-represented groups to arrange awareness events for colleagues to develop a greater understanding of our multi-cultural and multi-religious society. Consideration will be given to creating a long service award for magistrates. We shall examine the possibility of using recently retired magistrates as mentors, trainers and guides for new entrants and as support for existing mentors. 4

ANNEX B RAISING THE PROFILE OF THE LAY MAGISTRACY - Objectives Proposed action Anticipated development costs High Medium Low DCA will pursue its Judiciary for All Scheme aimed at encouraging more people from the ethnic minority population to become magistrates. That we continue developing ways of raising the public profile of the magistracy and challenging the unjustified perceptions concerning the requirements to become a magistrate. We will maintain our support of awareness events in conjunction with the Magistrates Association and, in addition to mainstream conferences such as those held by the TUC, CBI and CIPD we will look at alternative exhibitions and venues not normally associated with magistrates recruitment. We will consider the potential benefits of publishing literature in different languages explaining the role of magistrates in the criminal justice system. Contact will be established with the Home Office Immigration and Nationality Department, DSS and other relevant government departments with a view to discussing the possibility of creating a New Citizen s Pack (with input from the Citizenship Foundation): to include essential duties and responsibilities and how the criminal justice system works. 1

ANNEX B RAISING THE PROFILE OF THE LAY MAGISTRACY - Objectives Proposed action High Medium Low That we carry out a review of the methods currently We will look at alternative methods of reaching target used to publicise the magistracy and develop new audiences with a view to challenging their perceptions of Committees. initiatives incorporating ideas from local Advisory requirements are. whom can become magistrates and what the entry We will achieve this by carrying out an extensive advertising campaign using a wide variety of channels, such as the internet, cinemas, ethnic minority radio stations and alternative media. We will publish more widely the entry requirements, making it clear that professional qualifications are not required and that people from all walks of life are welcome to apply to ensure that the make-up of local magistrates benches reflects that of the community they serve. We will develop a new website that will have links to related sites, including the Magistrates Association, Operation Black Vote, the Citizenship Foundation and the Galleries of Justice. In co-ordination with the Magistrates Courts Administration Division and the Judicial Studies Board we will publish on the website the key qualities required of a magistrate and make clear what the commitments to training, appraisal and mentoring are for new magistrates. We will look at the possibility of developing an interactive area on the website that will allow users to adopt the role of a magistrate. Users will be able to consider the evidence from a mock trial, make an informed decision on the defendant s innocence or guilt, then review sentencing options and compare them to a decision made by an active magistrate. We will publish the Lord Chancellor s Directions for Advisory Committees on Justices of the Peace as an online document. 2

ANNEX B RAISING THE PROFILE OF THE LAY MAGISTRACY - Objectives Proposed action High Medium Low We will review all material to ensure that it conforms to the Departments Diversity Action Plan and clearly shows our commitment to promoting race equality and eliminating unlawful discrimination. That in future all promotional, advertising and recruitment material should carry a clear message that the Department is committed to providing equality of opportunity to all candidates applying to become magistrates. That we maintain support for successful initiatives that raise the profile of magistrate s work and build on experience gained to develop new ideas. We will continue to work with the Citizenship Foundation as sponsors of the Magistrates Court Mock Trial Competition with a view to expand young peoples knowledge of the role of magistrates in the criminal justice system. Working with the Citizenship Foundation we will prepare and publish a booklet on magistrates in schools. This will form part of the comprehensive package of the law and order module within the national curriculum s citizenship studies. Together with Operation Black Vote and the Magistrates Association we will plan a second shadowing exercise, to encourage people from under-represented groups to take up the challenge of working alongside a magistrate and gaining first hand experience of life as a magistrate. We will encourage participants in the Shadowing Scheme to become ambassadors in their communities by explaining and promoting the role of magistrates and the courts in which they work. We will continue to resource the Magistrates in the Community (MIC) Project, which supports a wide range of activities including: providing speakers for school events, arranging open days at courts, talking to community groups and assisting in police training. 3

ANNEX B RAISING THE PROFILE OF THE LAY MAGISTRACY - Objectives Proposed action High Medium Low That we maintain support for successful initiatives that raise the profile of magistrate s work and build on experience gained to develop new ideas. We will work closely with the Magistrate s Association to develop further initiatives that MIC can initiate to promote the role of magistrates. That we examine the resources we currently have and consider ways of making better use of them. We will encourage Advisory Committees to carry out a skills audit of their magistrates with a view to identifying potential recruits for the MIC Project. This will be designed to see what individuals can offer, for example, experience in dealing with the media, public speaking, management and negotiating skills, or even contacts with organisations that be utilised to help promote or publicise involvement with the magistracy. 4

ANNEX C -SUPPORTING THE APPOINTMENTS PROCESS- Objectives That we review our systems of communicating with Advisory Committees and through them to our magistrates. That we re-evaluate our training programme and induction courses to see where improvements can be made and what further developmental courses or aids can be offered to existing magistrates. Proposed action We will review the way in which we communicate with Advisory Committees and continue to develop a progressive system for visiting Committees on a regular basis to discuss local concerns and give advice on recruitment and retention. We will provide Advisory Committees with a detailed list of their regional co-ordinators and will supply a family tree explaining briefly the responsibilities of individuals within the JP s Branch and how they can be contacted. We will continue to develop our rolling programme of visits to Advisory Committees so those members can meet the DCA staff they deal with. We will re-examine all of the features of our induction courses to ensure that they are serving the needs of new Advisory Committee members and ensure that the module on racial equality and diversity awareness complies with our obligations under the Race Relations (Amendment) Act 2000. We will liaise with the Magistrates Courts Administration Division, Judicial Studies Board, Magistrates Association and other stakeholders to ensure the training needs and competences of magistrates are reflected in the recruitment literature. Refresher courses for AC members, particularly those involved with recruitment interviewing, will be introduced and targeted initially at those who have not yet undertaken the induction course. We will consider introducing a system for recording training courses undertaken by AC members and establish a criterion for re-training and refresher training to ensure that standards are maintained. Anticipated development cost High Medium Low 1

ANNEX C -SUPPORTING THE APPOINTMENTS PROCESS- Objectives Proposed Action High Medium Low That we re-evaluate our training programme and induction courses to see where improvements can be made and what further developmental courses or aids can be offered to existing magistrates. That we gather information which will assist us in overcoming problems encountered by magistrates with other responsibilities in carrying out their duties. To ensure that Advisory Committees take on board the message that applicants for the magistracy and existing magistrates who can only undertake the minimum sittings for the foreseeable future are not to be treated differently from those who have more time to devote to the bench. We will examine the possibility of developing a new element of the internet website allowing access to a dedicated sector containing sentencing exercises, mock case studies, useful guidance on recruitment interviewing, with pointers on best practice and advice on how to maintain levels of competencies for interview panels. We will carry out a survey of active magistrates to see what barriers and problems they face in carrying out their role. We shall use the results of that survey as a base from which to focus future research and to develop strategies to assist magistrates in managing their responsibilities to the bench with their domestic, work related and other obligations. We will aim to develop an agreed formula with the Magistrates Courts Service, the Magistrates Courts Administration Division and other stakeholders which will give clear guidance on the need for flexibility to accommodate magistrates who have other responsibilities. We will devise a form for use by AC s to collate information dealing with recruitment problems and resignations of magistrates. We will collect and analyse that data to devise strategies that will address any perceived problems. 2

ANNEX C -SUPPORTING THE APPOINTMENTS PROCESS- Objectives Proposed action High Medium Low That we set annual recruitment targets and monitor We will research methods of setting recruitment them against applications received and appointments targets and consider what difficulties this might made. present in conjunction with Advisory Committees. Any targets set will be reviewed on a regular, possibly quarterly, basis to evaluate the effectiveness of local recruitment campaigns. We will review information supplied in Annual Reports from Advisory Committees on recruitment difficulties and look at ways of improving the report form. 3

ANNEX D Commission Area Total Age Gender Ethnic background Excludes Duchy of Under 40-49 50-59 60-69 M F White Black Asian Other Undeclared Lancaster Area 40 Avon & Somerset 838 31 136 366 305 409 429 806 17 10 5 0 Bedfordshire 277 11 40 129 97 143 134 250 6 16 5 0 Cambridgeshire 358 10 62 164 122 170 188 346 under 7 under 5 0 5 Cheshire 476 22 90 205 159 242 234 465 under 7 under 5 0 5 City of London 132 7 34 54 37 59 73 113 12 under 5 under 5 0 Cleveland 464 22 93 206 143 254 210 447 under 12 under 5 0 5 Cumbria 309 5 42 150 112 155 154 306 under under 5 under 5 0 5 Derbyshire 430 15 48 204 163 224 206 415 under 9 under 5 0 5 Devon and 708 18 97 324 269 353 355 701 0 under 5 5 0 Cornwall Dorset 322 5 48 150 119 171 151 314 under under 5 under 5 0 5 Durham 294 14 47 137 96 161 133 287 under under 5 0 0 5 Dyfed 263 4 38 137 84 151 112 262 0 under 5 0 0 East Sussex 396 12 60 164 160 189 207 386 under under 5 5 0 5 Essex 620 10 89 317 204 316 304 604 8 7 under 5 0 Gloucestershire 270 3 38 114 115 148 122 260 under 5 under 5 0 5 Gwent 284 7 37 136 104 155 129 276 under 5 5 under 5 0 1

ANNEX D Commission Area Total Under 40-49 50-59 60-69 M F White Black Asian Other 40 Undeclared Hampshire 780 32 122 380 246 387 393 756 5 10 9 0 Hertfordshire 457 30 95 194 138 217 240 435 6 14 under 5 0 Humberside 444 15 65 205 159 221 223 437 0 5 under 5 0 Inner London 767 35 116 315 301 313 454 644 85 18 20 0 Isle of Wight 65 3 16 27 19 34 31 63 under 5 0 0 0 Kent 815 21 126 394 274 425 390 780 8 19 8 0 Leicestershire 511 22 83 229 177 263 248 465 13 26 7 0 Lincolnshire 381 14 63 177 127 187 194 375 0 5 under 5 0 Middlesex 952 46 175 425 306 438 514 758 85 86 23 0 Norfolk 441 15 58 200 168 224 217 432 under 5 under 5 5 0 North East London 528 29 113 220 166 281 247 421 59 33 15 0 North Yorkshire 362 12 58 165 127 182 180 356 0 under 5 under 5 0 Northamptonshire 344 8 59 144 133 173 171 324 7 12 under 5 0 Northumberland 189 4 32 71 82 88 101 189 0 0 0 0 North Wales 387 8 40 178 161 210 177 384 0 under 5 under 5 0 Nottinghamshire 652 31 106 273 242 326 326 619 14 14 5 0 Powys 83 1 13 38 31 45 38 82 0 under 5 0 0 South East London 413 16 88 172 137 214 199 367 23 15 8 0 South Wales 557 19 95 234 209 284 273 539 5 6 7 0 South West 369 9 60 180 120 171 198 348 10 6 5 0 London South Yorkshire 728 35 122 321 250 375 353 689 10 21 8 0 Staffordshire 563 17 102 246 198 297 266 545 under 5 15 under 5 0 2

ANNEX D Commission Area Total Under 40-49 50-59 60-69 M F White Black Asian Other Undeclared 40 Suffolk 289 4 39 142 104 153 136 282 under 5 under 5 under 5 0 Surrey 364 14 71 157 122 167 197 351 under 5 under 5 6 0 Thames Valley 1046 48 172 507 319 496 550 972 28 35 11 0 Tyne and Wear 793 35 127 375 256 428 365 768 6 10 9 0 Warwickshire 216 4 36 112 64 103 113 199 under 5 12 under 5 0 West Glamorgan 251 5 30 98 118 132 119 246 0 under 5 under 5 0 West Mercia 657 20 99 312 226 353 304 644 under 5 5 5 0 West Midlands 1697 79 328 693 597 877 820 1481 75 129 12 0 West Sussex 356 19 53 161 123 182 174 347 under 5 under 5 under 5 0 West Yorkshire 1252 69 225 575 383 647 605 1133 32 76 11 0 Wiltshire 269 4 49 121 95 133 136 260 under 5 6 0 0 Totals 24419 919 4035 10998 8467 12326 12093 22929 562 696 232 0 Percentages 100 3.8 16.5 45.0 34.7 50.5 49.5 93.9 2.3 2.9 0.9 0 3

ANNEX D The Duchy of Lancaster Commission Area Total Age Gender Ethnic Background Under 40-49 50-59 60-69 M F White Black Asian Other Not 40 known Greater Manchester 1874 62 299 845 668 977 897 1734 37 88 8 7 Lancashire 1116 31 174 514 397 599 517 978 under 5 44 12 80 Merseyside 935 33 154 407 341 490 445 907 8 17 under 5 0 Totals 3925 126 627 1766 1406 2066 1859 3619 47 149 23 87 Percentages 100 3.2 16.0 45.0 35.8 52.6 47.4 92.2 1.2 3.8 0.6 2.2 Total number of active magistrates Overview of the magistracy in England and Wales including the Duchy of Lancaster Under 40 Age Gender Ethnic background 40-49 50-59 60-69 Male Female White Black Asian Other Not known Totals 28344 1045 4662 12764 9873 14392 13952 26548 609 845 255 87 Percentages 100 3.7 16.5 45.0 34.8 50.8 49.2 93.7 2.1 3.0 0.9 0.3 ANNEX D [To comply with the Data Protection Act 1998 figures for individual's ethnicity have been expressed an 'under 5' where the numbers in any given Commission area are lower than that figure] 4