Notes

CHAPTER I THE OFFICE OF MAGISTRATE

I A property qualification was imposed by a Statute of 1439 whereby every justice was required to have property in the of at least £20 a year. This was because 'some of the Justices are of small behaviour by whom the people will not be governed'. The qualification was increased to £100 in 1737 but abolished in 1905. 2 F. W. Maitland, 'The Shallows and Silences of Real Life', Collected Papers (Cambridge University Press, 1911) p. 472.

CHAPTER 2 THE MAGISTRACY SINCE THE SECOND WORLD WAR

These figures are only a small fraction of the number of offences actually committed. It is generally agreed that only between 10 and 15 per cent of crimes come to the notice of the system, and even this is a gross underestima­ tion if minor offences such as motoring are included. 2 See below, p. 121. 3 Now re-enacted in the Justices of the Peace Act 1979. 4 See below, p. 159. 5 There are now 57 branches covering every area of and .

CHAPTER 3 THE LORD AND HIS OFFICE

The was responsible for civil legal aid from its inception in 1949, but criminal legal aid was within the province of the Home Secretary until 1980 when, on the recommendation of the Royal Commission on Legal Services, this too, together with responsibility for costs, was transferred to the Lord Chancellor. 2 In 1945 the office comprised the Secretary of Commissions himself, one clerical officer and one typist. In 1969 it had increased to six senior officers (Secretary of Commissions, Deputy Secretary and four Assistant Secretaries) with full supporting staff. Of the senior staff, two were barristers and two solicitors. All had their offices in London except the Assistant Secretary of Commissions for whose office was in Belfast. 3 Cmnd 218 (HMSO, 1957).

239 240 The Changing Image of the Magistracy

CHAPTER 4 THE SELECTION AND APPOINTMENT OF JUSTICES

Within the County of Lancaster the Chancellor of the Duchy and not the Lord Chancellor has always been responsible for the appointment and removal ofjustices, but this did not apply to training or to the composition and procedure of the magistrates' courts which, as elsewhere, were the responsibil­ ity of the Lord Chancellor. The Lord Chancellor also recommended the appointment of Recorders, chairmen of Quarter Sessions and Stipendiary Magistrates within the Duchy. Changes in local government boundaries necessitated the redefining of the Duchy's area of responsibility and the Administration ofjustice Act 1973 provided that this should be the of , and Merseyside. The Duchy Office worked closely with the Lord Chancellor's Office on matters concerning justices and the policy applied by the two Ministers was almost invariably identical. 2 This was because when Sir Robert Peel, the Prime Minister, formed the first police force in 1829, control was vested in two newly appointed justices who were given no judicial duties. These later became Commissioners of Police but continued to derive their authority from their appointment as justices. 3 The first lady Alderman was Lady Donaldson who was elected in 1975. She had been appointed a JP in 1960 and served on the London juvenile court panel until 1965. She was the wife of Mr Justice Donaldson who, in 1982, succeeded Lord Denning as Master of the Rolls. 4 Before 1973 the office of Keeper of the Rolls was known by its Latin name of , which dated from the fourteenth century when one of the justices in each county was required to keep the rolls of the sessions (later the duty was performed on behalf of the Custos by the Clerk of the Peace). For the origin of the office see Harcourt v. Fox 4 Modern Reports 173. 5 In 1983 the undertakings required of a candidate before appointment were: ( 1) to complete a course of basic instruction within one year of appointment; (2) if appointed to a juvenile or domestic court panel, to complete a course of instruction in the special work of juvenile courts within one year of appointment; (3) to carry out a fair share of the duties at both Petty Sessions and ; (4) to resign if unable to comply with any of these conditions; (5) to inform the Lord Chancellor of any conviction or court order made against the candidate, either before or after appointment. 6 In recent times the offices of Custos Rotulorum and Lord Lieutenant have usualfy been held by the same individual and strictly speaking it was as Custos that a Lord Lieutenant was appointed chairman of his county Advisory Committee. The Lieutenant, who was a personal appointment by the Sovereign, was selected on the advice of the Prime Minister and the Custos on the advice of the Lord Chancellor. Appointments were made under the Royal Sign Manual but a change was effected by the Administration ofjustice Act 1973 whereby in future the Lord Chancellor was to designate one of the justices in each county to be Keeper of the Rolls. Notes 241

CHAPTER 5 THE POLITICAL AND SOCIAL COMPOSITION OF THE MAGISTRACY

I Sentencing the Motoring Offender (London: Heinemann, 1972). Published on behalf of the Institute ofCriminology, Cambridge. 2 These figures are approximate. They are derived from records kept in the Lord Chancellor's Office and from a projection of detailed analyses of certain urban and rural benches. 3 The first coloured woman justice was Mrs Pauline Crabbe, a social worker from jamaica, who was appointed to the Hampstead bench in 1968.

CHAPTER 6 TRAINING

I Report of the Working Party onjudicial Studies and lriformation (HMSO, 1978). 2 The grant for the year 1970 was £2000. In 1977 it was £10,500, which was slightly under one-third of the Association's estimate of the cost of the training services which it provided. In 1982 the grant was £47,860 which was about half the estimated training cost. 3 The studies by Dr Lemon and Dr Bond are described in two articles in The Magistrate (the journal of the Magistrates' Association) of February 1980, p. 20 and january 1982, p. 2.

CHAPTER 7 WORK AND PROCEDURE

I Report of the Committee on the Distribution of Criminal Business between Court and Magistrates' Courts, Cmnd 6323 (HMSO, 1975). 2 Increase in legal aid in magistrates' courts after it became available in October 1968 is shown by the number of applications and grants:

Applications Grants 1st October-31st December 1968 20706 17812 1969 102684 88193 1972 164553 147181 1975 257691 234744 1977 333756 296615

From 1981 the numbers dropped following a circular from the Lord Chancellor to justices' clerks urging them to save as much as they could on legal aid. 3 Samples of a few urban and rural benches taken in 1951 and 1974 suggested that the percentage of magistrates who could drive had risen from 78 to 93 between the two dates. These samples were not wholly reliable but the latter figure is supported by a study conducted by Roger Hood between 1965 and 1967 which showed that in his sample nearly 90 per cent of magistrates could drive (Roger Hood, Sentencing the Motoring Offender (London: Heinemann, 1972) p. 61). 4 Road Traffic Act 1960 and Road Improvement Act, 1960. 242 The Changing Image of the Magistracy 5 County Courts were first established in 1846 and now number some 300 in England and Wales. They have a purely civil jurisdiction determined by financial limits on the claims which may be brought before them. Through­ out most of the period covered by this book the limit was £500, but it is an indication of the expansion of civil work in the High Court and the fall in the value of money that the amount was raised to £750 in 1970, to £1000 in 1974, to £2000 in 1977 and to £5000 in October 1981. 6 For example: Housing Act 1961, Public Health Act 1961, Town and Country Planning Act 1971. 7 Cmnd 5629 (HMSO, 1974). 8 Now Section 144 of the Magistrates' Courts Act 1980. 9 The existence of a rule committee does not wholly exclude the need to incorporate procedural law in Statutes. In 1952 all enactments relating to the jurisdiction, practice and procedure of magistrates' courts were consolidated in a Magistrates' Courts Act. This was re-enacted with amendments by the Justices of the Peace Act 1979 and the Magistrates' Courts Act 1980. 10 The first reference to the 'Great Unpaid' appeared in the Edinburgh Review in 1826. II Now contained in Part V of the justices of the Peace Act 1979. 12 During the twenty years 1962-1982 the number of policemen rose from 78,000 to 121,000 while recorded crime increased by 200 per cent and the clear-up rate dropped from 44 per cent to 37 per cent.

CHAPTER 8 THE JUVENILE COURTS

Until 1964 the chairmen and members of London juvenile courts were appointed by the Home Secretary. Lord Dilhorne took the view that as the Lord Chancellor was by then responsible for virtually all judicial ap­ pointments these functions should also be transferred to him. The Home Secretary, Mr Henry Brooke, reluctantly agreed and the transfer was effected by the Administration ofjustice Act 1964, Section 12. 2 In London the juvenile courts were composed solely of stipendiaries from 1908, when they were established, untill933 when the stipendiaries began sitting with lay justices, but by 1945 the stipendiaries had given up this work. A few began sitting again in the 1950s and in 1983 there were seven on the juvenile panel. 3 The Juvenile Courts (Constitution) Rules 1954 provided that a juvenile court should comprise both a man and a woman, but that ifat any time no man or no woman was available the court might proceed with only men or only women present. 4 Report ofthe Committee on Children and Young Persons, Cmnd 1191 (HMSO, 1960). 5 Children and Young Persons: , Cmnd 2306 (HMSO, 1964). Implemented by the Social Work (Scotland) Act 1968. 6 See below, pp. 134, 137, 138. 7 Eleventh Report, Cmnd 6494 (HMSO, 1976). 8 The Times, 21st October 1976. 9 Percentage increase in offending over the period 1955-75 was: Notes 243

aged 14--16: 311 per cent aged 17-20: 415 per cent

Percentage increase over the period 1969-75 was:

aged 14--16: 44 per cent aged 17-20: 32 per cent

CHAPTER 9 QUARTER SESSIONS AND THE CROWN COURT

I Justices of the Peace (Size and Chairmanship of Bench) Rules 1950. 2 Administration ofJustice (Miscellaneous Provisions) Act 1938. 3 Many judges, including members of the High Court and even Law Lords, were elected chairmen or deputy chairmen in their own counties. The first recorded instance of a Lord Chief Justice sitting with justices was in 1964 when Lord Parker sat as chairman of Staffordshire sessions. (In 1974 Lord Widgery was the first Lord Chief Justice to sit with justices in the Crown Court.) Lord Dilhorne sat with justices at Northamptonshire Quarter Sessions after being Lord Chancellor. 4 Brecon, Denbigh and Huntingdon. 5 Warrant under the Royal Sign Manual, dated 3lstJuly 1969 and published in the London Gazette on 1st August. On the same date the title was also conferred on the additional judges of the Central Criminal Court. 6 In 1945 London sessions sat on 168 days, Lancashire 55 days and Middlesex 62 days. 7 A few boroughs which had no court of Quarter Sessions enjoyed the privilege of appointing a Recorder, who had no judicial functions. An example was Kingston-upon-Thames which traditionally appointed the Attorney­ General of the day as its Recorder. His remuneration was two sugar loaves. The Courts Act 1971, which abolished the old-style Recorderships, pre­ served these ancient customs by enabling any borough to appoint an 'Honorary Recorder' (Section 54). 8 [1926] A.C. I; 10 T.C. 118, H.L. (E). 9 Final Report of the Royal Commission on Taxation of Profits and Income, Cmnd 94 73 (HMSO, 1955) paragraphs 238-40; and Report of the Interdepartmental Committee on the Business of the Criminal Courts, Cmnd 1289 (HMSO, 1961) paragraph 208. 10 Boroughs with populations under 20,000 which lost their Recorderships were: Berwick-upon-Tweed Maidon Bideford Oswestry Bridgnorth Richmond (Yorks) Carmarthen Rye Chichester Saffron Walden Faversham Sandwich Hythe South Molton Ludlow Stamford 244 The Changing Image of the Magistracy Sudbury Tiverton Tenterden Warwick Tewkesbury Wenlock Thetford Those which were retained were: Abingdon Bury St Edmunds Andover Devizes Banbury Lichfield Barnstaple Newbury II Report ifthe Committee on the Business ifthe Criminal Courts, Cmnd 1289 (HMSO, 1961). 12 Cmnd 4153 (HMSO, 1969). 13 New-style Recorders differed from their predecessors in that they were not affiliated to any borough, or to any other local government area, but might be required to sit in any part of the Circuit. They were also required before appointment to undertake to sit on not less than twenty days a year. 14 The Report was published in September 1969, accepted immediately by the Government of the day as the basis for planning, and accepted again by the new Government in August 1970. Legislation was introduced in the autumn of that year and became the Courts Act 1971, which was brought into operation on 1st january 1972. At the same time administrative action had been under way since the autumn of 1969 to implement those recommenda­ tions which did not require legislation, and these multifarious activities led to the dramatic changes in the Lord Chancellor's Office referred to in Chapter 3. 15 Printed as Appendix II on pp. 35-7 of the Association's Annual Report, 1969/70. 16 The Courts Act 1971 was superseded by the Supreme Court Act 1981. Under the Crown Court Rules four justices are legally required in licensing appeals and two for appeals and committals from juvenile courts. Otherwise appeals may be heard with one justice present. 17 See pp. 84 and 101 above. 18 This was the almost unanimous view of chairmen and deputy chairmen of Quarter Sessions but opinion was divided among judges sitting in the Crown Court, some finding justices helpful in dealing with sentences while others regarded their presence simply as a nuisance. In the Crown Court there have always been wide differences in the extent to which the judge dominates decisions on sentence. Many justices complain that the judge tries, and usually succeeds in ignoring their views, while others seem satisfied that on the occasions when there is a difference, which are rare, the opinion of the majority of the justices prevails. 19 Secretary ofCommissions' circular, November 1971. 20 Although appeals and committals for sentence represented around 40 per cent of the numerical case load they accounted for only some 10 per cent of the court's time, 90 per cent of which was occupied in trials. Notes 245

CHAPTER J 0 SENTENCING

A significant portion of the increased cost arose from the proportionately larger prison staff. Between 1950 and 1977 the number of prisoners doubled but the prison staff trebled to 25,000. 2 I could not understand why this point was not taken earlier. Anyone who spoke to prisoners must have been impressed by the number of recidivists who claimed that if their first sentence had ended before they became attuned to prison life the shock of their early experience would have deterred them from risking a repetition. It seemed that the reasons why the authorities would not accept this view were not only their obsession with the reformative value of custodial training, but also the resistance of the prison staff, upon whom frequent turnover of inmates imposes a far greater burden than a fairly static population. 3 An Advisory Council on the Treatment of Offenders was set up by the Home Secretary in 1944 as a standing body to consider matters he referred to it. The council was dissolved when a Royal Commission on Crime and Punishment was appointed in 1964, but the commission was disbanded in 1966 without having completed its task and the Home Secretary then appointed the Advisory Council on the Penal System. 4 The use of suspended sentences after they became available on 1st january 1968 is shown in the following tables: I Persons proceeded against at magistrates' courts

Year Total Found Imprisonment Suspended proceeded guilty sentence against

1967 1663877 1554068 25529 1977 2161947 1944857 18466 22975

II Persons tried at the higher courts

Year Total Found Imprisonment Suspended tried guilty sentence

1967 30265 25585 10450 1977 68721 57225 19505 10864

III Persons sentenced at higher courts after conviction at magistrates' courts

Year Total Imprisonment Suspended sentenced sentence

1967 10640 3893 1977 15727 4121 1230 246 The Changing Image of the Magistracy 5 These fines had been imposed by the Crown Court as well as by magistrates. Those collected during the previous twelve months in the same area totalled £50,241,686. 6 Report of the Committee on the Enforcement ofjudgment Debts, Cmnd 3909 (HMSO, 1969). 7 A national study of compensation orders in magistrates' courts, which was undertaken by Julie Vennard of the Home Office Research Unit in 1974, showed that in cases of damage to property 90 per cent of defendants were ordered to pay compensation compared with only 9 per cent of persons convicted of assault occasioning actual bodily harm or wounding. In 1976 the number of persons ordered to pay compensation in summary proceedings in cases of violence against the person was again only 9 per cent. 8 This followed a previous experiment by four South Yorkshire benches in 1976. A Home Office study revealed that the South Yorkshire guidelines had resulted in a pronounced increase in the number of awards made for wounding and assault: from 2 per cent in the last quarter of 1975, before guidelines were implemented, to 24 per cent during the last quarter of 1976, some months after they came into use, and 28 per cent in the period July-October 1977. 9 Careless driving, failing to stop after an accident or to report or give particulars of an accident and driving while uninsured. 10 Sentencing the Motoring Offender (London: Heinemann, 1972). 11 Report of the Committee on the Business of Criminal Courts, Cmnd 1289 (HMSO, 1961). 12 See R. M. Jackson, The Machinery of Justice in England, 7th ed. (Cambridge University Press, 1977) p. 389.

CHAPTER 11 CONDUCT AND REMOVAL

1 The Door Wherein I went (London: Collins, 1976) p. 261. 2 Temporary illness is accepted as a reasonable excuse; chronic ill-health entails transfer to the Supplemental List. 3 Occasionally a justice whose general behaviour is impeccable exhibits a peculiar quirk. It was reported to me that the chairman of a certain bench made a practice of entering court with a pipe in his mouth. He was surprised when I asked him to desist and remarked peevishly, 'But I never light it'. 4 The law relating to privilege has been modified since the Iwi case but it is assumed that all communications between the Lord Chancellor and his Advisory Committees are still protected. This was accepted by the parties in several cases in the 1960s. The last occasion on which a court was required to rule on the point was in Doubleday v. Graham in 1958. This action, between the clerk to the justices and the town clerk of Hull, was tried at Leeds and the judge, Mr Justice Paull, upheld the Lord Chancellor's claim for privilege. 5 Other instances have occurred since the tulip case, some of which were reported in The Magistrate. See, for example, 'The Cutlery Case' (vol. xxu, no. 6, pp. 84-6) and 'Hard Case' (vol. XXIII, no. 4, pp. 54-5). Notes 247

CHAPTER 12 THE JUSTICES' CLERK

I Report rif the Departmental Committee on Justices' Clerks, Cmnd 6507 (HMSO, 1944). 2 The 1949 Act was replaced by the Justices of the Peace Act 1979 which required a clerk to be a barrister or solicitor of not less than five years standing. 3 1952. 2 Q.B. 719. 4 1953. 2 All E.R. 807. 5 1953. 2 All E.R. 1005. 6 1953. 2 All E.R. 1306. 7 R. v. SouthamptonJJ. ex parte Atherton, 137.J.P. 571. 8 Professor Glanville Williams, The ProrifrifGuilt, 3rd ed. ( 1963) pp. 359-63; See also the article by Keith Clarke in Criminal Law Review, (1964) p. 620.

CHAPTER J3 STIPENDIARY MAGISTRATES

I The Machinery rifJustice in England, 7th ed. (Cambridge University Press, 1977) p.311. 2 There was a transitional figure, called a Courtjustice, between theJPs and the Stipendiary Magistrates. The first of these to occupy an office in Bow Street was Sir Thomas de Veil who was succeeded by Henry Fielding who is usually recognised as the first Chief Metropolitan Magistrate. An Act of I 792 set up seven offices with 24 paid magistrates in addition to the office at Bow Street. This was extended by the Metropolitan Police Courts Act 1839 which confirmed the office of Chief Magistrate and consolidated the courts under the title of Police Courts which they retained until 1949. 3 Administration of justice Act 1964, Section 10. 4 It was also understood that when a stipendiary retired he would not return to practice. This was in accordance with the accepted principle that once a person accepted any judicial office he could not relinquish it to take up some other employment, whether in legal practice or elsewhere. This principle was applied in 1952 when a High Court judge wished to resign in order to accept a non-judicial post. In the 1960s, however, the rule was broken in the case of the higher judiciary, and when in 1974J. H. Robbins, who had been appointed a metropolitan magistrate a year earlier, wished to return to practice at the Bar no obstacle was placed in his way. His was the only case of this kind that had occurred by 1978. 5 A similar suggestion had been made in a Conservative Party pamphlet in 1945. The proposals were not pursued because they seemed unnecessary.

CHAPTER 14 ADMINISTRATION AND ORGANISATION

The current Act governing the administration and financing of magistrates courts is the justices of the Peace Act 1979 which is closely based on the 1949 Act. 2 Since the Local Government Act 1972, which altered the local government structure, there has been a separate committee for each non-metropolitan 248 The Changing Image of the Magistracy county, for each district in a metropolitan county, for each of the four Outer London areas and for the City of London, but for no other area. Inner London, with its separate system, has a 'Committee of Magistrates'. 3 Report of the Committee on Local Authoriry and Allied Social Services, Cmnd 3703 (HMSO, 1968). 4 In 1974 the Layfield Committee recommended that financial responsibility for magistrates' courts should be transferred from local authorities to central government (Report of the Committee on Local Government Finance, Cmnd 6453, HMSO, 1974, paragraphs 3&-9). 5 Justices of the Peace (Size and Chairmanship of Bench) Rules 1950. 6 This Act and others were repealed and consolidated by the Metropolitan Police Courts Acts 1839 and 1840, which were the principal Acts governing the organisation of the metropolitan ·magistrates' courts until 1964. 7 Departmental Committee on Courts of Summary Jurisdiction in the Met­ ropolitan Area. 8 Report of the Interdepartmental Committee on Magistrates' Courts in London, Cmnd 1606 (HMSO, 1962). The author was a member of this committee.

CHAPTER 15 SCOTLAND, NORTHERN IRELAND AND THE ISLE OF MAN

The first was P. J. Rose, formerly Assistant Under-Secretary of State for Scotland, who was appointed in 1950. 2 White Paper onjustices of the Peace andjustices' Courts, (Scottish Office, 1973) Cmnd 5254 (HMSO, 1973). 3 Against a background oflower traffic density (27 vehicles per mile of road in Northern Ireland as against 83 in Great Britain) the following facts emerged: ( 1) between 1969 and 1977 total accidents did not fall significantly in Northern Ireland although they fell by 11 per cent in Great Britain; (2) over the same period road accident deaths rose by 21 percent but fell by 18 per cent in Great Britain; (3) in 1976 Northern Ireland had 7·7 deaths per 10,000 vehicles, as against 3· 7 for Great Britain, and 61 deaths per 1000 injury accidents, as against 25; (4) driver responsibility for accidents in Northern Ireland rose from 46 per cent in 1968 to 58 per cent in 1976; (5) accidents caused by drunken driving increased by 55 per cent between 1970 and 1977; and (6) between 1969 and 1977, 2573 deaths in Northern Ireland were caused by road accidents as against 1760 arising out of terrorism and inter­ communal violence.

CHAPTER 16 THE COMMONWEALTH

The population of the Commonwealth in 1977 was estimated to be just over a thousand million, of whom more than half were under the age of twenty-five. 2 In South and West Australia and TasmaniaJPs may sit in court though some never do so. Those who do adjudicate may, in certain circumstances (usually Notes 249 bail applications), sit alone, otherwise they sit in pairs with the senior presiding. In Victoria their duties are almost entirely confined to document witnessing but they sit occasionally with the consent of the prosecution and counsel for the defence. There are training courses for those who sit in court. In New South Wales, Queensland and the Northern Territory those justices who perform any duties at all have purely administrative functions. 3 A detailed account of the sentencing exercise, which was conducted by Professor A. N. All ott of the School ofOriental and African studies, University of London, is given in the Report qf the Third Commonwealth Magistrates' Coriference, published by the Commonwealth Magistrates' Association in 1973. 4 The Report of the seminar, entitled 'Pacific Courts and Justice', contains a detailed account of judicial administration in the Pacific. It was published jointly by the CMA and the University of the South Pacific.

CHAPTER J7 THE FUTURE

I John Baldwin and David McConville,jury Trial (Oxford: Clarendon Press, 1979). 2 1981 All England Reports, 974 at p. 983. Table of Statutes Cited

I Edward III. 52. Cl6, 1327, 1 Legal Aid and Advice Act, 1949, 12 Statute of Labourers 1349, 2 Magistrates' Courts Act 1952, 138, Act 1361, 2 144, 242 Act of Settlement 1700, 50, 153 Licensing Act 1953, 89, 206 Act of Union 1707, 211 Criminal Justice Administration Act Municipal Corporations Act 1835, 1956, 118--19, 191 118 Magistrates' Courts Act 195 7, 85 Petty Sessions Act 1849, 5 Street Offences Act 1957, 151 Crown Office Act 1877, 40 First Offenders Act 1958, 133 Justices' Clerks' Act 1877, 177 Tribunals and Inquiries Act 1958, 28 Matrimonial Causes Act 1878, 5 Betting and Gaming Act 1960, 89 Local Government Act 1888, 4, 97 Road Improvements Act 1960, 86, Petty Sessions Act 1889, 5 241 Probation of Offenders Act 1907, 137 Road Traffic Act 1960, 86, 241 Children Act 1908, 104 Criminal Justice Act 1961, 84, 133 Criminal Justice Act 1914, 176 Children and Young Persons Act Sex Disqualification (Removal) Act 1963, 106, 111, 118 1919, 50 London Government Act 1963, 207 Administration ofJustice Act 1933, Administration ofJustice Act 1964, 235 97, 204, 207, 247 Children and Young Persons Act City of London (Courts) Act 1964, 1933, 104-5, 111-12 118 Summary Jurisdiction and Criminal Criminal Justice Act 1967, 92, 135--8 Justice (Northern Ireland) Act Road Safety Act 1967, 85 1935, 214 Sexual Offences Act 1967, 163 Children and Young Persons Gaming Act 1968, 89 (Scotland) Act 1937,210 Justices of the Peace Act 1968, 38, Administration ofJustice 62, 96, 160, 181-2, 192, 204 (Miscellaneous Provisions) Act Maintenance Orders Act 1968, 88 1938, 116, 243 Children and Young Persons Act Supplemental List Act 1941, 160 1969, 14, 106-13, 232 National Health Act 1946, 10 Administration ofJustice Act 1970, Ministers of the Crown (Transfer of 145 Functions) Act 1946, 212 Attachment of Earnings Act 1971, Children Act 1948, 106 145 Criminal Justice Act 1948, 132, Courts Act 1971, 40, 84, 123-4, 137-8 128--30, 179, 207 Justices of the Peace Act 1949, 15, Industrial Relations Act 1971, 14 37, 69, 96, 118, 120, 174, 177, 185, Criminal Justice Act 1972, 139--41, 187, 191-2, 196,201,203 145

251 252 Table of Statutes Cited Local Government Act 1972, 40, 179, Judicature (Northern Ireland) Act 247 1979, 217 Road Traffic Act 1972, 147 Justices of the Peace Act 1979, ix, 79, Administration ofJustice Act 1973, 239, 242, 247 38, 41, 80, 127, 185, 191-2, 240 Child Care Act 1980, Ill Northern Ireland Constitution Act Imprisonment (Temporary 1973, 215 Provisions) Act 1980, viii, 133 Road Traffic Act 1974, 143 Magistrates' Courts Act 1980, ix, 242 District Courts (Scotland) Act 197 5, Contempt of Court Act 1981, ix, 214 92-3 Bail Act 1976, 100, 136 Transport Act 1981, viii, 14 7 Fishery Limits Act 1976, 143 Administration ofJustice Act 1982, Administration ofJustice Act 1977, 42 205 Criminal Justice Act 1982, viii, 110, Criminal Law Act 1977, 84, 92, Ill, 134, 13~2 133, 139, 235 Mental Health (Amendment) Act Domestic Proceedings and 1982, 142 Magistrates' Courts Act 1978, viii, Transport Act 1982, ix, 6 88, 170, 206 Index

Aarvold Committee, 207 Beeching Royal Commission, 13, 26, Aarvold, Sir Carl, 71 121-8 Adair,Joan, 176 Betting and Gaming, 89 Addison, Sir William, 95 Binding over, 91 Administrative duties of magistrates, Birkenhead, Lord, 50 89--90 Bareham Committee, 73 Administrative Tribunals, 28-9 Borstal, 132, 134, 216 Advisory Committee on the Bradley, E. L., 175 Treatment of Offenders, 245 Brayshaw, A. J., 95 Advisory Committee on Bridge, Lord Justice, 68, 83 Appointments, 29, 44-8, 53-5 Brody, S. R., 150 Advisory Council on the Penal System, 134, 138, 140, 245 Campbell, Sybil, 189 Allen, Sir Carlton, 76 Canada, 222, 226, 231 Allott, Professor A. N., 76, 249 Capital punishment, 131-2 Appeals Care Order, 108-11 to Crown Court, 123 Caribbean, 223, 231 to Quarter Sessions, 115 Cavenagh, Professor W. E., 76 Assizes, 13, 115-16, 122, 124 Chadwick, John, 225 Attachment of earnings, 88, 145 Chairmanship, Attendance centres, 137, 232 ofjustices, 203-4 Attendance in summary courts, of Quarter Sessions, 116-1 7, 128 frequency, 18, 47, 153, 201-3, Churchill, Sir Winston, 160, 176 240 CircuitJudge, 30, 122-3 Australia, 132, 222, 225, 227 Civil jurisdiction, 87, 145 Council ofJustices' Association, Clerk of the Peace, 129, 178-9 225, 227 Collins, Nina, 189 Commission of the Peace, 2, 40-1 Bail, 135-6 Committal proceedings, 92, 186 Bailie, 210, 213 Committal for sentence, 138 Baker, L. E., 187 Commonwealth, Baldwin, John, 62-3, 235 Foundation, 222, 225 Bankruptcy, 51 Fund for Technical Co-operation, criminal, 51, 139 222, 229 Bar, 14, 122, 199 Magistrates' Association, 224, 231 proposals for stipendiaries, 193 Secretariat, 226 Barristers Community service order, 110, 140 as clerks, I 77-8 Compensation, 145-6, 246 as stipendiaries, 174-5, 187-8 Condi tiona! discharge, 138 Barwick, Sir Garfield, 224 Confiscation of property, 140

253 254 Index Cooke, JudgeR. K., 176 Gardiner, Lord, 7, 13, 24, 37, 39, 45, Cooray, Anura, 67 61-2, 106, 122-5, 148, 157, 192, Corporal punishment, 137 208, 226 Costs, 146 General Commissioners of Income County Courts, 8, 87, 145, 183, 206, Tax, 28-9 242 Gibson, Mr Justice, 236 Crabbe, Pauline, 241 Gladstone Committee, 132, 136 Criminal Injuries Compensation, 145 Goddard, Lord, 180-1 Criminal procedure, Royal Gray, Denis, 76-7 Commission on, viii, 146 Grocott, Bruce, 54 Crown Court appeals to, 123 Hailsham of St Marylebone, Lord, creation of, 30, 122 8, 41-2,48,60-1, 123, 125, 152, justices in, 123-30, 234 155-7, 176, 192-3, 226, 229, 236 Hall, Brian, 21 7 Day centres, 141 Hall,JudgeJean Graham, 188-9 Day training centres, 141 Harris, Brian, 178 Decriminalisation, 101-3, 233 Hayward, Ron, 60 Deferred sentence, 140 Health and Social Security, Delay, 100-1 Department of, 32, 113 Denning, Lord, 45, 228 Henriques, Sir Basil, 108 Desramault v. Desramault, 169 Hire purchase, 145 Detention centres, 135-8, 232 Hollowell, L. M., 176 Dilhorne, Lord, 39, 48, 70-1, 135, Home Office, 32-5, 100, 113, 121, 165, 168, 242-3 144, 197, 200 Diplock, Lord, 229 Home Secretary, 32, 91, 125, 137, Director of Public Prosecutions, 100, 166, 176, 185, 197, 19~ 236 188 Honours, 95 Domestic proceedings, viii, 87-9 Hood, Roger, 62, 147, 241, 246 Donaldson, Lady, 240 Hopkin, D. A., 188 Doubleday v. Graham, 246 Howard, John, 132 Dress in court, 93 Howarth, Sir Rupert, xii, 27 Drunkenness, 101-2 Howe, Lady, 144

Edgar, Frank, 217 Imprisonment, 131-9 Edie, T. K., 188 length of sentence, 136 Elwyn-Jones, Lord, 39, 43, 60, 163, see also prison 228 India, 223, 225 European Economic Community, ix, Industrial Tribunals, 2, 14, 51 93 Ingleby Committee, 106, 111 Evening courts, 99 Inland Revenue, 29, 120 Family Courts, 8, 88-9 Intermediate treatment, 107 Finer Committee, 88, 206 Irons, E. G., 66 Fines, 142-5, 196 lwi v. Montesole, 164 Fixed penalties, 86 Franks Committee, 28 Jackson, Professor R. M., 76 Frisby, Audrey, 189 Jamaica, 230 Fry, Elizabeth, 132 James Committee, 84, 101, 125, Fuad, K. T., 226 235-6, 241 Index 255 Jowitt, Lord, 15, 48, 57-8, 161-2, Kilbrandon Committee, 106 165, 202, 212, 234 Kilmuir, Lord, 25, 50 Johnson, Sir Ronald, 213 Jury,84,224, 235-6 Lancaster, Duchy of, 240 justice, 82, 102 Law Commission, 13, 88, 236 Justices' clerks Law Society, proposals for, appointment, 177 central administration, 199 central administration, proposals stipendiaries, 193, 234 for, 199 traffic c-ourts, 86 functions, I 78--82 Lane, Lord, 91, 134 as legal advisers, 180--3 Lawton, LordJustice, 110 liability, 197 Layfield Committee, 248 numbers, 176 Legal aid, 12, 22, 85, 241 qualifications, I 77 Legal services, Royal Commission Society, 74, 89, 91-2, 102, 173-4, on, 14, 239 177-8 Liability of magistrates and clerks, as training officers, 75-6, 178 97 as stipendiaries, 174 Liaisonjudge, 128 Justices of the Peace Licensing, 89, 206 age, 17, 52, 160 Liverpool allowances, 62, 96 Crown Court, 13, 121 colouredjustices, 66-7 police juvenile liaison scheme, 106 comparison with professional Recorder of, 118 judiciary, 6-9, 194-5 London disqualifications, 51-2 ·administration of courts, 206-8 ex officio, 36-40; Scotland, 213--14 City of, 38--9, 118, 208 as judges, 16 Recorder of, 118 as Members of Parliament, 3, 59 stipendiaries in, 184-5 numbers, 16-17, 201; Scotland, Longford Report, 106 211; Northern Ireland, 215 Lord Lieutenant, 44-5 occupations, 61-4 Northern Ireland, 215 origins, I Loreburn, Lord, 44 pay,96 political views, 58 Macleod, Baroness, 127 qualifications, 50 McConville, David, 235 property, 44, 210 Magistrate, definition of, 16 residential, 50 Magistrates' Association, viii, 18--20, Royal Commission on, 1909,44, 55 162, 185, 199, 225 Royal Commission on, 1946, 12, costs, 146-7 2~2~ 37, 55,69, 7~9~ II~ Crown Court proposals, 123, 125, 201-4,211,234,237 130 transfers, 41 Criminal Justice Act 1982, viii, 20 undertakings, 42, 240 Curfew, 141 work volume, 18 detoxification, 102 women as, see women domestic cases, 88 foundation and development of, Keeper of the Rolls, 240 18--20, 162 Kellock, Judge T. 0., 226 government grant, 19, 68, 241 Kenya, 227, 230 guidelines, 144, 146, 148--9 256 Index Magistrates' Association- continued justices' police duties, 2, 4, 90 imprisonment, 133-4 numbers, 242 and justices' Clerks Society, 175 officers as justices, 38 juvenile offenders, 109 Royal Commission on, 89 residential care orders, 110, 142 Political influence on appointment, Royal Charter, 68, 162 43-4, 46, 56-61 Rule Committee, 91 Powles, Guy, 230 traffic courts, 86 Press, 48--9, 148, 190 training functions, 68, 70, 72-3, Pre-trial review, 101 241 Prison Magistrates' Courts Committees, 69, cost, 133 73-5, 79-80, 97, 128, I 78--9, population, II, 133, 135 185--6, 196-9, 208 see also imprisonment Maitland, F. W., 4 Privilege, 165, 246 Malaysia, 227-8 Probation, 137, 139-41 Manchester Pugh, L. M., 175, 187 Crown Court, 13, 121 Recorder of, 118 Ralphs, Lady, 50 Mark, Sir Robert, 149 R. v. Bibi, 134 Maxwell Committee, 207 R. v. East Kerrier JJ, 180 Mental disorder, 142 R. v. Houldsworth, 150 Merrivale, Lord, 6 Recorders Merthyr, Lord, 19, 37, 193 old style, 118--21 Milton, Sir Frank, 194 new style, 122--44 Mullen, C., 216 Rees, R. G., 188 Murray, Len, 60 Resident Magistrates (Northern Ireland), 214-16 NACRO, 144 Residential care orders, 110, 142 New Zealand, 222, 227 Retirement Night courts, 99 justices, 16-17, 127, 15!f-61 Norman, Geoffrey, 175 stipendiaries, 192 Ricketts v. Colquhoun, 120 Rigby, Sir lvo, 193 Offences Roche Committee, 91, 176, 196, 201 clear-up rate, 242 Roskill, Lord, 236 number recorded, II Rules Out-of-court duties, 90 committee, 91-2 procedure, 91-2 Page, Sir Leo, 27 size and chairmanship of bench, Parker, Lord, 82, 181-2 202-3,248 Parole, 136 Partly suspended sentences, 139 Secretary of Commissions Payne Committee, 145 authority to appoint justices, 42 Petty Sessions duties, 27-32, 92 definition, 5 office, 26-7 number of divisions, 197 origin, 26 Plaid Cymru, 46, 58 for Northern Ireland, 2!f-30, 215, Police 217 Commissioner as justice, 38, 240 for Scotland, 211-12 Index 257 Seebohm Committee, 107, 201 Training Sentencing Advisory Committee, 73 disparity, 148-9 basic, 71 exercises, 73 of ex officio justices, 37 leniency, 148-50 National Advisory Council, 71-3 Shawcross, Lord, 120, 156 obligatory, 71-2, 74 SheriffCourt, 211 ofprofessionaljudiciary, 81-3 Shoplifting, 14 7 refresher, 73-5 Simonds, Lord, 24-5 in sentencing, 73 Singh, Judge Mota, 67 techniques, 77-8 Sirros v. Moore, 98 Tucker, Lord Justice, 167-8 Solicitors as clerks, 177-8 United States of America, 7, 54, 132 as stipendiaries, 14, 175, 187-8 judicial training, 81 Spurgin, Clare, 225 Justices of the Peace in, 222 Stipendiary Magistrates juvenile courts, 104 age, 192-3 Universities, 76--7, 222, 230 appointment, 185 comparison with lay justices, 194, Vennard, Julie, 246 233-5, 237 in Crown Court, 189 Wales numbers, 184-5 first justices in, I qualification, 187 language, 49, 75, !57 remuneration, 189, 191 Plaid Cymru, 46, 58 Scotland, 213-14 W aley-Cohen, Sir Bernard, 39 title, 193 Watson, John, 108 training, 83 Webb, A. M. F., 54, 71 Stretfeild Committee, 72 Widgery, Lord, 18, 243 Stones' Justices Manual, 173 Williams, Glanville, 247 Suffian, Tun Mohamed, 228 Williams, 0. K., 225 Supervision order, Ill Winton, Dorothy, 225--6 Supplemental List, 16--17, 42, 159--60 Women Suspended sentence, 139, 245 as judges, 51, 189 as justices, 17, 50-1 Teaching profession as justices' clerks, 176 as justices, 64 in juvenile courts, 105 in training ofjustices, 76--7 as stipendiary magistrates, 18, 51, Templer, Sir Gerald, 45 187-9 Templewood, Lord, 19, 91 Wooding, Sir Hugh, 228 Trade unions, 58, 60, 64-5, 158 Wootton, Baroness, 140 Traffic cases, viii, 85--7, 14 7-9 Younger, Sir Kenneth, 134 courts, 86--7 Youth custody, 135