Attendance In Court Regular attendance Number of sittings Method of counting sittings Sittings in family proceedings and youth courts Sittings in the Crown Court Attendance In Court
Regular attendance
Number of sittings
Method of counting sittings
Sittings in family proceedings and youth courts
Sittings in the Crown Court
The sittings requirement is expressed in half days and court rotas should accommodate magistrates whose other commitments prevent them sitting for full days. However it is important that magistrates gain experience of, and remain familiar with, their duties. Therefore a mix of sittings including some full day sittings may sometimes be necessary so as to maintain competence in accordance with MNTI2.
Ideally it is preferable for magistrates to sit at regular intervals throughout the year so that: they gain experience and remain familiar with their duties, there is a reasonably fair distribution of work across the bench and the work of the court can be planned in the knowledge that there will be a sufficient number of magistrates available at any one time. However, in order to achieve a diverse bench it is recognised that a few magistrates may have difficulties sitting at regular intervals eg teachers may prefer to sit in the holidays whereas parents with school age children would find it easer in term time. The Lord Chancellor and Lord Chief Justice encourage advisory committees to be as flexible as possible in such circumstances.
The average attendance for each bench should be between 35-45 half-day sittings. A higher level would impose an unnecessary burden on some magistrates, cause difficulties for employers and fellow employees and undermines the representative nature of the bench. It is not for magistrates to try to achieve the average for their bench, an average implies some sitting fewer times and some more.
Magistrates who have busy lives at home or at work can often sit no more than 26 half-day sittings a year. This should not be regarded as a problem – it may be a major commitment on their part.
Magistrates should not sit for more than 70 half-days each year unless they sit in other courts – youth, family and fine enforcement in which case they should do no more than 100 half-day sittings in total.
Attendances are calculated in half-days:
To achieve continuity and experience magistrates who also sit on family or youth panels should sit in the adult court at least 18 times and a panel at least 13 times.
In order to sit in the Crown Court magistrates:
There may be additional local protocol which would have to be approved by the local magistrates’ area training committee.
