The Organisation of the Judiciary
V: Organisation on the Circuits
- The Presiding Judges etc
- Circuit Judicial Secretariats
- Resident, Designated Civil and Designated Family Judges
- Arrangements for more local judicial management and discussion
(a) The Presiding Judges etc
55. At Crown and County Court level, the Presiding Judges (with Family Division Liaison Judges and Chancery Division Supervising Judges) have general responsibilities for the judiciary on their circuit, their deployment and the business of the courts which include:
- Appointments:
- Agreeing with the Regional Director the requirements for the number and type of new appointments
- Consultation on new appointments
- Making in consultation with the Regional Director the arrangements for the deployment of newly appointed judges
- Swearing in District Judges
- Deployment
- Supervision of the responsibilities of Residents etc as set out in the protocol of July 2004
- Deployment of the Circuit and District bench
- Recommendations for authorisations and board etc appointments
- Assignment and release of the more serious civil and criminal cases
- Part time working
- The business of the Courts
The general supervision of the Resident Judges and Designated Civil and Family Judges in the discharge of their responsibilities for the conduct of the judicial business of the Crown and County Courts - Personnel issues Arrangements for Career development, mentoring, discipline etc
56. At Magistrates’ Courts level, the Presiding Judges with the Family Division Liaison Judges have general responsibilities for the judiciary and magistracy on their circuit, their deployment and the business of the courts which include
- Appointments
- Agreeing the numbers of Magistrates needed;
- Consultation on the appointments of District Judges (Magistrates’ Courts) in conjunction with the Senior District Judge (Magistrates’ Courts)
- approving (in conjunction with the Regional Director) the appointment of new District Judge (Magistrates’ Courts) posts under the protocol of March 2005
- nominating an interview panel member for the appointment of Justices’ Clerks
- Deployment
- Overall supervision of the business of the Magistrates’ Courts, the work of the Magistrates’ Liaison Judges, the Area Judicial Forums and the Justices Issues Groups
- the deployment of District Judges (Magistrates’ Courts) in conjunction with the Senior District Judge (Magistrates' Courts)
- a supervisory role in the establishment of dedicated courts and in the settlement of any disputes over listing policy.
- The business of the Courts
The general supervision of the groups responsible for the conduct of the judicial business of the Magistrates’ Courts.
(b) Circuit Judicial Secretariats
57. Each HMCS Circuit/Region provides a Judicial Secretariat to support the Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges in discharging the administrative and personnel responsibilities delegated to them by the Lord Chief Justice for the judiciary and magistracy in the Circuits/Regions. (The South East and London Regions is served by a single secretariat for the South Eastern Circuit.)
58. The Judicial Secretariat is part of the Regional Director’s office and its staff, accommodation and running costs will be funded by the Region. Staff are appointed and remain in the line-management chain of the Regional Director. However, on a day to day basis the Judicial Secretariat often acts under the authority and instructions of the Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges in the discharge of the statutory responsibilities (such as the deployment of the judiciary) delegated to them by the Lord Chief Justice.
59. As real and effective partnership is essential at this level to ensure the efficient and effective administration of the courts system, in practice, therefore, the Judicial Secretariat ensures that decisions are made following full consultation and, whenever possible, agreement between the Regional Director and the Presiding Judges (Chancery Supervising Judges and Family Division Liaison Judges) whether the statutory functions being exercised are delegated from the Lord Chancellor or the Lord Chief Justice.
60. The Judicial Secretariat on each Circuit/Region provide support to the Presiding Judges in 5 areas:-
(i) Appointments:
61. Under the Concordat, the Lord Chancellor is responsible for determining the overall number of judges required for each Circuit/Region and each level of the judiciary. The Regional Director will advise HMCS and the Lord Chancellor on the requirements for his/her Region. The Regional Director provides the Presiding Judges (and Chancery Supervising Judges and Family Division Liaison Judges) with information and consult fully with them on the requirements for the Circuit/Region before doing so.
62. To achieve this, the Judicial Secretariat:-
- provides information on court workload and performance and known pressures (eg. local police priorities and legislative changes) either directly or trough the Regional Directors Office;
- maintains records of known and potential retirements;
- liaises with the Judicial Office on requests for, and the effecting of, transfers between Circuits;
- prepares draft statements of requirement for bulk Circuit and District Judge competitions and bulk Recorder and Deputy District Judge competitions, and co-ordinates bids for District Judge (Magistrates’ Court) appointments
- prepares draft business cases for Senior Circuit Judge and specialist posts (eg. some Resident and Designated Civil Judges, Mercantile and Chancery List judges);
- provides on-going advice in the course of competitions on changing requirements within the Region;
- liaises with the Judicial Office on the appointment, swearing-in and reception of successful appointees.
- liaises with Advisory Committees in relation to the requirements for Magistrates and deals with the process for the appointments of Justices Clerks
- The Judicial Secretariat provides the Presiding Judges with support as required to enable them to respond to consultation on candidates for appointment by the Judicial Appointments Commission.
(ii) Authorisations
63. Under the Concordat, the Lord Chief Justice is responsible for the authorisation of individual judges to hear specified cases or classes of case,
64. The Judicial Secretariat-
- maintains through the judicial database accurate records of authorisations to hear specific types of case held by judges in the Circuit/Region
- advises on the adequacy of the number of authorisations to meet the needs of the Circuit/Region’s business and assists with the drafting of any business case necessary for further authorisations.
- The Judicial Secretariat provides such support as the Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges require in providing: recommendations for appointment to “Leadership” posts in the Region which do not entail a change in salary group such as most Resident Judge, Designated Civil Judge, Designated Family Judge posts; nominations for judges to sit on committees and the Boards of other organisations; and nominations to perform other ad hoc roles.
(iii) Deployment
65. Under the Concordat, the Lord Chancellor is responsible, after consulting the Lord Chief Justice, for determining the overall number of judges required and the number required at each level of the judiciary; and for the provision of the courts, their location and sitting times and consequent administrative staffing to meet the expected business requirement. Subject to the Lord Chancellor’s decisions above, and the recommendations of the Judicial Appointments Commission for the appointment of new judges to particular posts, the Lord Chief Justice is responsible, after consulting the Lord Chancellor, for determining which individual judge should be assigned to which Court in accordance with the requirement.
66. The Judicial Secretariat provides support to the Presiding Judges in exercise of their delegated functions for the judiciary and magistracy in the Circuit/Region. In particular it:-
- regularly consults Resident Judges, Designated Civil Judges, Designated Family Judges, Area Directors, Diary Managers, the groups responsible for the management of the judicial business of the Magistrates’ Courts and others on the needs of, and pressures facing, the courts in the Circuit/Region;
- provides regular information to the Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges on workload, sitting patterns, performance pressures, judges’ preferences, etc, and makes appropriate recommendations as to changes in itineraries;
- prepares draft itineraries on an annual basis for Circuit Judges and District Judges;
- consults judges and those listed in (a) above on those draft itineraries and agrees itineraries with Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges;
- books Recorder and Deputy District Judge sittings (NB. Some Circuits/Regions have delegated this task to staff at Area level);
- monitors Recorder and Deputy District Judge sittings and advise Presiding Judges on under- and over-sitting.
- Assists the Presiding Judges and Family Division Liaison Judges in coordinating, through the Regional Listing Coordinator, the allocation of heavy cases and the efficient and effective deployment of the judiciary, including the High Court Judiciary when on Circuit.
- Assists the Presiding Judges, Chancery Supervising Judges and Family Division Liaison Judges in dealing with any listing issues.
- Assists the Presiding Judges in their general responsibilities for the Magistrates' Courts, including liaison with the groups responsible for the management of the judicial business of the Magistrates’ Courts, listing, deployment and any dedicated courts, and the Family Division Liaison Judges in their responsibilities for the family work in the Magistrates' Courts.
- The Judicial Secretariat keeps, on behalf of the Regional Director and the Presiding Judges, accurate records and monitors salaried sitting days, annual leave, absences on out-of-Court official business and sick absence. It handles requests for special leave in accordance with the Memoranda of Conditions of Service.
- The Judicial Secretariat monitors criminal, civil and family sitting days against allocation and co-ordinates the activity of HMCS and the judiciary to manage sitting days to budget.
(iv) Training
67. The Judicial Secretariat supports the Presiding Judges and Family Division Liaison Jdges in exercising their delegated responsibilities for training by :-
- liaising with the Judicial Studies Board and monitoring attendance at Judicial Studies Board courses to ensure all judicial office-holders attend necessary training events;
- providing administrative support for the annual Circuit Criminal and Family Business Seminars;
- providing administrative support to the Appraisal District Judges in accordance with the deputy District Judge Appraisal and Mentoring Scheme;
- arranging sittings-in, Prison visits, Judicial Studies Board attendance, etc., for new Recorders.
(v) Other
68. The Judicial Secretariat liaises with the Judicial Office to provide personnel-type services for the judiciary in the Circuit/Region (eg. advice on welfare issues, terms and conditions of service, travel and subsistence claims, etc.) and in relation to complaints, grievances and discipline.
69. The Judicial Secretariat provides administrative support for the organisation of judicial business meetings and events (eg. annual meetings of Circuit or District Judges, Resident Judges, etc.) as agreed by the Presiding Judges and the Regional Director, and where appropriate, the Family Division Liaison Judges.
70. The Judicial Secretariat provides secretarial and administrative support for the Presiding Judges as agreed by the Presiding Judges and the Regional Director.
(vi) Variation
71. Each Circuit/Region is different and Regional Directors and Presiding Judges may agree that some of the support and services for Presiding Judges listed would be better provided by other staff or from other locations than the Judicial Secretariat because of local circumstances.
(c) Resident, Designated Civil and Designated Family Judges
72. The responsibilities of Resident, Designated Civil and Designated Family Judges are set out in a protocol of July 2004, issued by and under the authority of the Lord Chief Justice. The administrative support for them is provided by the Regional Director.
(d) Arrangements for more local judicial management and discussion
The protocol on the responsibilities of Resident etc Judges provides at paragraph 3:
“It is essential that within each of the 42 Areas there are arrangements in place for the judiciary to co-ordinate their responsibilities and reach agreement on issues concerning the administration of justice. It will be the responsibility of the Presiding Judges to decide how this is best done within each Area in their Circuit and, in respect of London, what special provision is needed. Generally there should be within each Area arrangements which enable the Resident Judge, the Designated Civil Judge and Designated Family Judge to meet jointly with representatives of all levels of the judiciary (including District Judges) to discuss and reach agreement on issues concerning the administration of justice within that Area.”
Further arrangements for this are being developed.