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Lord Chancellor's Department
Press Notice
17August 2000

 

CODE OF CONDUCT FOR MEMBERS OF
MAGISTRATES' COURTS' COMMITTEES AND SELECTION PANELS

Jane Kennedy MP, Parliamentary Secretary at the Lord Chancellor's Department, has approved and signed the Code of Conduct (Magistrates' Courts Committees and Selection Panels) Order 2000, on behalf of the Lord Chancellor. The Order was published today.

Ms Kennedy said:

"The Code of Conduct sets out the standards of conduct required by members of MCCs and selection panels in the performance of their public duties, formalising practices which are already in place."

Earlier this year the Department published a consultation paper "Draft Code of Conduct for Members of Magistrates' Courts Committees and Selection Panels". Responses were received from 59 individuals and organisations.

The elements covered by the Code, which is based on the seven principles of public life established by the then Nolan (now Neill) Committee, are:

Integrity;
Conflict of interests;
Objectivity;
Accountability;
Openness;
The duty to declare financial or other interests;
Gifts, hospitality and services;
Leadership; and
The duty to report breaches of the Code.

Arrangements have been put in place to investigate alleged breaches of the Code and provide for censure should the allegations be proven. These arrangements provide for alleged breaches to be investigated by an independent panel of three members from the Central Council of Magistrates' Courts Committees, Association of Justices' Chief Executives and HM Magistrates' Courts Service Inspectorate. Upon completion of their investigation, the panel will submit a report to the Lord Chancellor.

Ministers believe that the Code meets the requirements of both the Human Rights Act and the European Commission on Human Rights.

 

Notes to Editors

1. The Code is based on the 'Seven Principles of Public Life' published in "Committee on Standards in Public Life (the Nolan Committee), First Report", CM 2850-1, 1995.

2. A copy of the Code may be found through the LCD website ( http://www.open.gov.uk/lcd - see 'Magistrates ' ) (Update 08/02/08 - This web site no longer exists.)

3. The consultation paper "Draft Code of Conduct for Members of Magistrates' Courts Committees and Selection Panels" was published on 4 February 2000 (LCD Press Notice 28-00 & LCD website).

4. The Access to Justice Act (section 86) inserts sections 39A and 39B into the Justices' of the Peace Act 1997. Section 39A provides for the preparation and revision of the code of conduct. Section 39B provides the Lord Chancellor with the power to deal with any instances of non-compliance and also the power to make regulations on monitoring arrangements.

5. During the passage of the Access to Justice Act 1999, Ministers made it clear that the Code of Conduct provisions are intended to complement the Lord Chancellor's powers to require MCCs to administer the magistrates' courts in an efficient and effective manner.

6. MCCs are responsible for the efficient and effective administration of the magistrates' courts for their area. All magistrates' courts committees are composed of justices' of the peace for the area to which the committee relates. An exception is the Greater London Magistrates' Courts Authority (GLMCA). The GLMCA, which will be the Magistrates' Courts' Committee for Greater London from 1 April 2001, will have non-magistrate members in addition to Justices of the Peace. These are mayoral nominees, stipendiary magistrates and local authority representatives. All GLMCA members will be subject to the Code of Conduct.

7. The selection panels which appoint the MCC members are constituted under the Magistrates' Courts' Committee (Constitution) Regulations 1999, made under section 29 Justices of the Peace Act 1999. The selection panel for the GLMCA is constituted under the Greater London Magistrates' Courts' Authority (Constitution) Regulations 1999.

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