Courts Act 2003 (c. 39)

SCHEDULES

SCHEDULE 8 U.K. Minor and consequential amendments

Police Act 1996 (c. 16) U.K.

371 U.K. In section 5(2) (consultation before reduction in size of police authority)—

(a) at the end of paragraph (a), insert “ and ”, and

(b) omit paragraph (c) and “and” before it.

372 U.K. In section 5C(3) (consultation before reduction in size of Metropolitan Police Authority)—

(a) at the end of paragraph (a), insert “ and ”, and

(b) omit paragraph (c) and “and” before it.

373 (1) Amend Schedule 2 (police authorities established under section 3) as follows.

(2) In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “ lay justices ”.

(3) For paragraphs 7 and 8 substitute—

“7 The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the authority’s area.

8 They shall be appointed—

(a) by the members of the police authority appointed under paragraph 2 or 5,

(b) from among persons on a short-list prepared in accordance with Schedule 3A.”

(4) In paragraph 14(1)—

(a) in paragraph (b) for “magistrate” substitute “ lay justice ”, and

(b) in paragraph (c) after “Schedule 3” insert “ or 3A ”.

(5) For paragraph 18(2) substitute—

“(2) A lay justice appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority’s area.”

(6) In paragraph 19(2)—

(a) in paragraph (a), omit “or 8”, and

(b) in paragraph (b), after “5” insert “ or 8 ”.

(7) For paragraph 27 substitute—

“27 In this Schedule, “lay justice” has the meaning given by section 9 of the Courts Act 2003.”

374 (1) Amend Schedule 2A (the Metropolitan Police Authority) as follows.

(2) In paragraph 1(1)(c) and (2)(c), for “magistrates” substitute “ lay justices ”.

(3) For paragraph 5 substitute—

“5 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the metropolitan police district.

(2) They shall be appointed—

(a) by the members of the Metropolitan Police Authority appointed under paragraph 2 or 3,

(b) from among persons on a short-list prepared in accordance with Schedule 3A.”

(4) In paragraph 9(1)(d) for “magistrate for a commission area” substitute “ lay justice assigned to a local justice area ”.

(5) For paragraph 13(3) substitute—

“(3) A lay justice appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of the Authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the metropolitan police district.”

(6) In paragraph 14(2)—

(a) in paragraph (a), omit “or 5”, and

(b) in paragraph (b), after “3” insert “ or 5 ”.

(7) For paragraph 22 substitute—

“22 In this Schedule, “lay justice” has the meaning given by section 9 of the Courts Act 2003.”

375 (1) Amend Schedule 3 (police authorities: selection of independent members) as follows.

(2) In paragraph 1(1), after paragraph (b) insert— “ for the purposes of paragraph 5 of Schedule 2 and paragraph 3(3) of Schedule 2A. ”

(3) After paragraph 1(4) insert—

“(5) In this Schedule “selection panel” means a selection panel established under this Schedule.”

376 After Schedule 3 insert—

“SCHEDULE 3A U.K. police authorities: selection of lay justice members

Lay justice selection panels U.K.

1 (1) There shall be a selection panel—

(a) for each police area for the time being listed in Schedule 1, and

(b) for the police area constituted by the metropolitan police district,

for the purposes of paragraph 8 of Schedule 2 and paragraph 5 of Schedule 2A.

(2) Each selection panel shall consist of three members, one of whom shall be appointed by each of the following—

(a) the designated members of the police authority for the area;

(b) the Secretary of State;

(c) the two members of the panel appointed by virtue of paragraphs (a) and (b).

(3) A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2).

(4) In this Schedule, “designated member” means a member appointed under paragraph 2 or 5 of Schedule 2 or paragraph 2 or 3 of Schedule 2A.

(5) Subject to paragraph 3, in this Schedule “selection panel” means a selection panel established under this Schedule.

Lay justice selection panels U.K.

2 A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A he is disqualified—

(a) for being appointed under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A as a member of the police authority for the panel’s area, or

(b) for being a member so appointed.

Lay justice selection panels U.K.

3 Paragraphs 3 to 7 of Schedule 3 apply in relation to selection panels established under this Schedule as they apply in relation to selection panels established under that Schedule.

Functions of lay justice selection panels U.K.

4 (1) Where appointments of lay justices to a police authority are to be made under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A, the selection panel for the authority’s area shall prepare a short-list of candidates and send it to the police authority concerned.

(2) Unless the selection panel are able to identify only a smaller number of suitable candidates, the number of candidates on the short-list shall be twice the number of appointments to be made.

(3) A lay justice shall not be included on a short-list in relation to an authority if he is disqualified for being appointed as a member of that authority by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A.

Functions of lay justice selection panels U.K.

5 (1) The Secretary of State may make regulations as to—

(a) the procedures to be followed in relation to the selection of lay justices for inclusion on a short-list under paragraph 2, and

(b) the conduct of the proceedings of selection panels under this Schedule.

(2) Regulations under this paragraph may in particular—

(a) make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications for inclusion on a short-list under paragraph 4 and for dealing with applications received, and

(b) provide for decisions of a selection panel under this Schedule to be taken by a majority of the members.

(3) Regulations under this paragraph may make different provision for different cases and circumstances.

(4) A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Procedure if too few candidates short-listed U.K.

6 (1) This paragraph applies where the number of persons on the lay justice selection panel’s short-list is less than twice the number of appointments to be made.

(2) The designated members may add to the short-list such number of candidates as, when added to the number short-listed by the selection panel, equals twice the number of appointments to be made.”