The Justices of the Peace Rules 2016

CHAPTER 2 JTAAAC

Formation of JTAAAC

20.—(1) There must be one JTAAAC for each JTAAAC area.

(2) The Lord Chief Justice may amend JTAAAC areas, and in doing so shall—

(a) specify the area that will form the new JTAAAC area, and

(b) determine the membership of the JTAAAC for the area and the duration of the term of its members, having regard, as far as practicable, to the requirements of Rules 22 and 28.

Functions of JTAAAC

21.—(1) Each JTAAAC must, as appropriate—

(a) select justices to undertake training courses in relation to the functions set out at Rule 19(b) and (d);

(b) grant and revoke approvals for justices to preside in the magistrates’ courts;

(c) grant authorisations on behalf of the Lord Chief Justice, and recommend revocations of authorisations, for justices to sit as youth justices, and

(d) establish and operate a scheme for appraising the performance of justices within each JTAAAC area so as to satisfy itself that each justice demonstrates or continues to demonstrate the necessary competence in the role in which performance is being appraised.

(2) Each JTAAAC must, as appropriate—

(a) identify the training needs of justices sitting in magistrates’ courts in its area;

(b) prepare a training plan to meet those needs;

(c) specify that certain training is essential for all or certain justices, having regard to guidance issued by the Lord Chief Justice;

(d) ensure there are arrangements in place to deliver the required training, and

(e) monitor the training of justices in its area in relation to magistrates’ courts.

(3) In undertaking the responsibilities in these Rules, each JTAAAC must have regard to—

(a) guidance issued by the Lord Chief Justice;

(b) the national training programme for justices;

(c) any national minimum training provision;

(d) any representations made to the JTAAAC concerning justices’ training by any senior circuit judge in the JTAAAC area;

(e) the budget for justices’ training in the area, and

(f) any requirements of the Lord Chief Justice to report on justices’ training.

Membership of JTAAAC

22.—(1) Each JTAAAC must consist of:

(a) between 6 and 24 justices from the relevant local justice areas appointed in accordance with Rule 23 (the “justice members”);

(b) one justice nominated by the Magistrates’ Association, and

(c) the justices’ clerk or clerks or an assistant to a justices’ clerk nominated by them.

(2) The following justices must not be members of a JTAAAC —

(a) a member of the JTAAAC selection panel;

(b) a chairman of the justices within the JTAAAC area, or

(c) a justice who is a member of an advisory committee in the JTAAAC area.

(3) Subject to paragraph (4), the following may attend meetings of a JTAAAC —

(a) either—

(i) the designated officer (being the person designated under section 37 of the Courts Act 2003) in the JTAAAC area;

(ii) where there is more than one designated officer, one of them, or

(iii) a person delegated by the designated officer or officers (as the case may be).

(b) the chairmen of the justices in the JTAAAC area, and

(c) any additional persons invited to attend by the JTAAAC.

(4) The individuals referred to in paragraph (3) must not attend any part of a meeting at which the JTAAAC considers matters relating to individual justices.

JTAAAC selection panel

23.—(1) A JTAAAC selection panel must appoint the justice members.

(2) A chairman of the justices within the JTAAAC area must not be a member of the JTAAAC selection panel.

(3) The JTAAAC selection panel must be elected in accordance with the election procedure set out in Part 3, Chapter 1 of these Rules.

(4) Members of the JTAAAC selection panel must be elected for a period of three years, and may be re-elected provided that they have not served for more than six years.

(5) Subject to paragraphs (6) and (7), the JTAAAC selection panel must consist of a justice from each local justice area comprising the JTAAAC area.

(6) Where there is only one local justice area in the JTAAAC area, the JTAAAC selection panel must consist of three justices from that area.

(7) Where there are two local justice areas in the JTAAAC area, the JTAAAC selection panel must consist of two justices from each of those areas.

(8) A justice who wants to be appointed as a justice member must submit a written application to the selection panel.

(9) The JTAAAC selection panel must, having regard to guidance from the Lord Chief Justice—

(a) subject to Rule 22(1)(a), determine the number of justice members of the JTAAAC;

(b) consider the written applications and—

(i) appoint the number of justice members required, and

(ii) subject to Rule 28(1), determine the duration of the terms of members so appointed.

(10) The JTAAAC selection panel must ensure that sufficient members of a JTAAAC are youth justices.

(11) If insufficient youth justices have applied for membership of a JTAAAC, the JTAAAC selection panel must appoint sufficient other youth justices with their agreement.

(12) Subject to Rule 22(1)(a), the JTAAAC selection panel may, at any time, change the number of justice members.

(13) If the JTAAAC selection panel changes the number of justice members under paragraph (12), it may amend the terms of existing justice members.