The Justices of the Peace Rules 2016

Review of approvals and authorisations

32.—(1) This Rule applies to justices in respect of—

(a) any approval of justices to preside in the magistrates’ court or family court; and

(b) any authorisation of justices to sit as a youth justice or family justice.

(2) A JTAAAC or FTAAAC must review the approval or authorisation of a justice—

(a) if requested to do so by that justice;

(b) where a minimum sitting requirement has been laid down in directions made by the Lord Chief Justice, if the justice has not met that requirement;

(c) where no minimum sitting requirement has been laid down as in paragraph (2)(b), if the justice has not sat in the role for which that justice is approved or authorised for a continuous period of 12 months preceding the date of the review;

(d) if it appears to the JTAAAC or FTAAAC that a justice may not be suitable for the role for which an authorisation relates;

(e) if the justice has not completed, within a reasonable time, any training requirements specified in Rule 19;

(f) if the justice has not completed, within a reasonable time, one or more training requirements designated as essential pursuant to Rule 21(2)(c) or 25(2)(c);

(g) following an appraisal or series of appraisals carried out in accordance with this Rule or the appraisal scheme;

(h) where, following a complaint about a justices’ performance or suitability to perform a particular function, the JTAAAC or FTAAAC is satisfied that the justice has failed to demonstrate the necessary competence in the role to which the approval or authorisation relates, or

(i) where, following a referral in relation to a complaint considered under the Judicial Conduct (Magistrates) Rules 2014(1), the JTAAAC or FTAAAC is satisfied that the justice has failed to demonstrate the necessary competence in the role to which the approval or authorisation relates.

(3) A JTAAAC or FTAAAC may review the approval or authorisation of any justice returning from absence of six months or more.

(4) Where a JTAAAC or FTAAAC is investigating a complaint concerning the performance of a justice presiding in a magistrates’ court or family court, it may suspend the approval for that justice to preside pending the completion of its review under paragraph (2).

(5) Following a review of an authorisation or an approval, the JTAAAC or FTAAAC may take any action it considers appropriate, including one or more of the following—

(a) confirming the approval or authorisation;

(b) requiring the justice to undertake training or further training;

(c) requiring the justice to undertake one or more appraisal or further appraisals;

(d) revoking the approval to preside in court (either generally or in a specific role);

(e) recommending the revocation of an authorisation to sit as a youth justice or family justice;

(f) 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 Lord Chancellor’s advisory committee on Justices of the Peace.

(1)

The Judicial Conduct (Magistrates) Rules 2014 were made under S.I. 2014/1919, regulation 7.