Authorisations to sit as a member of a family proceedings court or a youth court
Authorising Body37
1
This rule provides for the BTDC, the FTDC and the ILYTDC to grant an authorisation, on behalf of the Lord Chief Justice, for a justice to sit as a member of a family proceedings court or a youth court.
2
The FTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a family proceedings court.
3
The BTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a family proceedings court if there is no FTDC established for that area.
4
The ILYTDC shall grant an authorisation for a justice assigned to a local justice area within the Inner London area to sit as a member of a youth court.
5
The BTDC shall grant an authorisation for a justice assigned to its local justice area to sit as a member of a youth court if its local justice area is not within the Inner London area.
6
In rules 38 to 41 ‘authorising body’ means the body which has power to grant an authorisation, in accordance with this rule, for a justice to sit as member of a family proceedings court or a youth court as the case may be.
Requirements for authorisation38
A justice may only be authorised to sit as a member of a family proceedings court or a youth court if —
a
he has sat in the adult court for at least two years;
b
he has been appraised as competent on at least one occasion in the adult court in accordance with the scheme established under rule 12;
c
he has observed proceedings, on at least two occasions, in the type of court for which the authorisation is being considered; and
d
the authorising body has decided that the justice is suitable to be so authorised.
Assessment of suitability39
1
A justice who wishes to be authorised to sit as a member of a family proceedings court or youth court shall submit a written application to the authorising body.
2
The authorising body shall assess the suitability of a justice by—
a
considering the written application submitted by the justice; and
b
interviewing the justice, if it considers it appropriate.
Review of authorisation40
An authorising body must review the authorisation of a justice assigned to its local justice area if —
a
where a minimum sitting requirement in the family proceedings court or youth courts as the case may be, has been laid down in directions made by the Lord Chief Justice, the justice has not met that requirement; or
b
where no minimum sitting requirement has been laid down as mentioned in paragraph (a), the justice has not sat in the type of court for which he is authorised for a continuous period of 12 months preceding the date of the review.
Revocation of authorisation41
An authorising body may recommend to the Lord Chief Justice that he revoke the authorisation of a justice to sit as a member of a family proceedings court or youth court, as the case may be —
a
following a review under rule 40;
b
if, in the opinion of the authorising body, the justice is no longer suitable to sit as a member of the type of court in which he is authorised to sit; or
c
if, in the opinion of the authorising body, the justice persistently fails to meet the required level of competence in the type of court in which he is authorised to sit.