Family proceedings courts and youth courts
Section 49: Family proceedings courts
114.This section sets out the framework whereby lay magistrates and District Judges (Magistrates’ Courts) are to be authorised to hear family proceedings. Section 66 also gives the higher judiciary the ability to exercise the justices’ jurisdiction, although there is no current expectation that there will be widespread use of these powers in family proceedings.
115.Currently, in areas apart from Greater London, lay magistrates are voted on to a specialist “panel” by other members of the bench.
116.Under this section, the “panel” system would be abolished. The Lord Chancellor will have to authorise a justice of the peace before he or she can sit as a member of a family proceedings court. These personal authorisations will be valid throughout England and Wales. The Lord Chancellor will have power to make rules regarding (a) the allocation and removal of authorisations for justices to sit as members of family proceedings courts (b) the appointment of chairmen of family proceedings court and (c) the composition of such family proceedings courts.
117.It is envisaged that new rules, which provide for a more transparent selection procedure, will be published for comment. Because of the sensitive nature of family cases, and the specific knowledge and understanding that is required, these rules would help to ensure that only trained and suitable magistrates sit in family proceedings. District Judges (Magistrates’ Courts) are in practice required to be “ticketed” for this work.
Section 50: Youth courts
118.This section sets out the framework whereby lay magistrates and District Judges (Magistrates’ Court) are to be authorised to hear youth cases. The Act also enables the higher judiciary including circuit judges and recorders to hear these cases, without particular authorisation, in consequence of the extension of their jurisdiction to include that of a District Judge (Magistrates’ Courts) by section 66.
119.Currently, in areas other than Greater London, lay magistrates are voted on to a specialist “panel” by other members of the bench.
120.Under this section, the “panel” system would be abolished. The Lord Chancellor will have to authorise a lay justice or District Judge (Magistrates’ Courts) before he or she can sit as a member of a youth court. These personal authorisations will be valid throughout England and Wales. The Lord Chancellor will have power to make rules regarding (a) the allocation and removal of authorisations for justices and District Judges (Magistrates’ Courts) to sit as members of youth courts (b) the appointment of chairmen of youth courts and (c) the composition of such youth courts.
121.It is envisaged that new rules, which provide for a more transparent selection procedure, will be published for comment. Because of the often sensitive nature of youth cases, and the specific knowledge and understanding that is required, these rules would help to ensure that only trained and suitable magistrates (or District Judges (Magistrates’ Courts)) sit on youth courts.
122.District Judges (Magistrates’ Courts) are in practice required to be “ticketed” for this work; that requirement is being made explicit in statute to reflect the increasing acceptance that the youth court is a specialist jurisdiction.
Part 4: Court Security.Summary
123.Part 4 of the Act contains the legislative proposals regarded as necessary to improve the provision of security in court buildings. It contains provisions to ensure that designated “court security officers” will have the same powers in all courts. It specifies certain powers of search, exclusion, removal and restraint that security personnel will be able to exercise in the execution of their duty. These powers are to be exercised subject to the limitations prescribed in Part 4. Court security officers will also have a power to temporarily retain articles they reasonably believe ought to be surrendered because possession of the article may jeopardise the maintenance of order in the court building, or risk the safety of a person in that building or because the article may be evidence of or in relation to an offence. This power is supplemented by a power to seize an article where a person refuses the officer’s request for surrender of the article. These powers are based upon, but go slightly further than, the current powers of court security officers in the magistrates’ courts: currently officers may only request the surrender of an article in limited circumstances and cannot seize articles. To minimise the interference with a person's property there are limits on how long an article may be retained and there will be provision to ensure that a person from whom an article is taken is adequately informed, in particular, that if the article is to be treated as unclaimed then it will be disposed of.
