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23 August 2022
Practicalities of being a magistrate Wider justice system

A round-up of our recent policy and advocacy work.

Every day, the Magistrates’ Association (MA) advocates on behalf of its members. Our national officers, together with our four policy committees and supported by our small staff team, cover a wide range of issues that matter most to our members and represent the organisation on external bodies. Since our last advocacy update in May, we have prioritised the following four issues:

1. Abolition of local justice areas

In April 2022, the Judicial Review and Courts Act, which will see local justice areas (LJAs) abolished and replaced by a single justice area, was passed. LJAs currently govern: i) initiating and listing cases; ii) the payment and enforcement of fines and community orders; and iii) the leadership and management arrangements of magistrates.

Magistrates are understandably keen to know what the new arrangements will look like. So, we have been meeting with the Ministry of Justice to ensure that magistrates are adequately consulted throughout the entire change process, and will share updates with our members as they arise. We’ll also continue to work to identify key areas that will be impacted by the transition away from LJAs.

2. Family law improvements

We’ve recently responded to a consultation run by the Family Procedure Rule Committee on police disclosures in private family law proceedings.

Our submission explains that the application process for such orders is particularly protracted when initiated by litigants — far more so than when initiated by courts. As such, it suggests several amendments to the proposed changes that we believe would mitigate unnecessary delays.

3. Birmingham court closure

Birmingham magistrates’ court has been closed for several weeks due to issues with its fire alarm system and a nearby fire that affected the court building. When the court first closed, magistrates were given little information, so were unsure how it would affect their sittings and their ability to serve their local community.

The MA’s chief executive, Tom Franklin, and chair of its Birmingham branch, Margaret Windsor, have spoken to senior HM Courts and Tribunals Service (HMCTS) officials to clarify the situation and ensure that magistrates will be better communicated with in the future. We are pleased that there is a temporary hiatus on the minimum sitting requirements for Birmingham magistrates and are working with HMCTS to monitor the status of repairs to the court building.

4. Accessibility

With our members’ support, we are assessing the accessibility of all magistrates’ courts in England and Wales.