PART 4Approvals, Authorisations, Training and Appraisals
CHAPTER 4Provisions relevant to both JTAAACs and FTAAACs
Review of competence31
1
This Rule applies to justices in respect of their competence to sit in the adult court (other than their competence to preside in court).
2
Each JTAAAC must review the competence of a justice—
a
if the justice has not completed, within a reasonable time, any training requirement specified in Rule 19(a);
b
if the justice has not completed, within a reasonable time, one or more training requirements designated as essential pursuant to Rule 21(2)(c);
c
following any appraisal or series of appraisals carried out in accordance with this Rule or with the appraisals scheme;
d
where, following a complaint about a justices’ performance, the JTAAAC is satisfied that the justice has failed to demonstrate the necessary competence, or
e
where, following a referral in relation to a complaint considered under the Judicial Conduct (Magistrates) Rules 20149, the JTAAAC is satisfied that the justice has failed to demonstrate the necessary competence.
3
A JTAAAC may review the competence of any justice returning from absence of six months or more.
4
Following a review under this Rule, the JTAAAC may take any action it considers appropriate, including one or more of the following—
a
confirming that it is satisfied as to the competence of the justice;
b
requiring the justice to undertake training or further training;
c
requiring the justice to undertake one or more appraisal or further appraisals;
d
where satisfied that a justice has failed over a period of time to reach the required standard, instructing the justices’ clerk to report the matter to the appropriate advisory committee.