The Justices of the Peace (Size and Chairmanship of Bench) Rules 2005

Rule 9(9)

SCHEDULE 1 Procedure for Elections

List of justices

1.  The justices'clerk shall compile a list of justices as specified in paragraphs 2,4 and 5.

2.  Where rule 9(7) applies, the list shall comprise the names of the justices who were nominated for the office of deputy chairman excluding the name of any justices who have been elected chairman or deputy chairman.

3.  If the number of justices whose names are on the list described in paragraph 2 equals or is less than the number of offices available, the justices whose names are on the list shall be elected to the office of deputy chairman without a ballot.

4.  Where rule 10 (a) applies, the list shall comprise the names of all the justices for the local justice area on the date of the election meeting.

5.  Where rule 10(b) or (c) applies, the list shall comprise the names of all the justices for the local justice area on the date of the election meeting excluding the name of any justice or justices who have been elected chairman or deputy chairman.

Conduct of ballot

6.  The justices'clerk shall—

(a) prepare ballot papers containing the list of justices in alphabetical order; and

(b) hand to each justice present at the election meeting and eligible to vote in a postal ballot—

(i) where there is to be an election of a chairman, one ballot paper for the election of chairman;

(ii) where there is to be an election of a deputy chairman or deputy chairman, one ballot paper for that election.

7.  Each justice who votes shall write X on the appropriate ballot paper against the name of the justice he wishes to be chairman and the name of the justice or justices he wishes to be deputy chairman or deputy chairmen (as the case may be).

8.  Immediately after the ballot has been closed, the justices'clerk shall collect the ballot papers and count the votes.

Election of chairman

9.  Except as mentioned below, the justice who has received a majority of the votes cast shall be elected chairman.

10.  Where no justice receives a majority after the first ballot, up to two further ballots shall be held.

11.  If, following two further ballots, no justice has obtained a majority, the justice who has received the most votes in aggregate in the three ballots shall be elected chairman.

12.  If, after three ballots, two or more justices have received the same number of votes in aggregate, so that the addition of a vote to those cast would entitle one of them to be elected, the justices'clerk shall immediately decide between them by lot and shall proceed as if the justice on whom the lot falls had received an additional vote.

13.  Where a ballot (other than the third ballot) has been inconclusive the justices'clerk shall announce the fact and state the names of the justices for whom votes have been cast and the number of votes each justice received.

14.  Where a ballot has been conclusive the justices'clerk shall announce the result.

Election of deputy chairman

15.  The result of the ballot for the election to the office of deputy chairman shall be ascertained by counting the votes given to each justice. The justice or justices (if there is to be more than one deputy chairman) who has or have received the most votes shall be elected to the office of deputy chairman.

16.  If—

(a) two or more justices obtain an equal number of votes; and

(b) the addition of a vote to those cast for any one or more of those justices would entitle him or them to be elected,

the justices'clerk shall immediately decide between those justices by lot and proceed as if any justice on whom the lot falls had received an additional vote.