Source · Select Committees · Justice Committee
Recommendation 6
6
Accepted
Paragraph: 43
Magisterial training requires focus on remand principles and alternatives to custody
Conclusion
Magistrates are responsible for hearing the majority of cases that lead to remanding to custody, and we heard that, particularly during the pandemic, the focus of training was on new ways of working and the use of technology. The application of the remand principles and the latest available alternatives to remand should be a focus in magisterial training.
Government response summary AI-generated
The government accepted the recommendation, outlining plans to improve pre-sentence report quality and delivery through a unified Probation Service, £155m additional funding, recruiting 1,500 trainee Probation Officers, and working with the judiciary on procedural and technological reforms to reduce delays.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
43
Government Response
Accepted
HM Government · verbatim extract
Accepted
We reject this recommendation. As the judiciary of England and Wales is independent of Government, it is not appropriate for the Government to mandate or direct what training should be provided to magistrates. The Government is therefore unable to accept any decisions on recommendations reserved for the judiciary. The Lord Chief Justice, the Senior President of Tribunals, and the Chief Coroner have statutory responsibility for training of the judiciary, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. Training responsibilities are exercised through the Judicial College. The College regularly reviews its training and considers what new areas should be included. Magistrates, and the legal advisers who support them, must complete induction training before they can sit. Current induction training for magistrates and legal advisers covers remand provisions; including decision-making, application of knowledge and identification of sentencing options available based upon specific facts. Advice on the law, practice and procedure is available for all magistrates from their legal adviser. This is supported by a mix of resources and continuation training which also covers remand. Magistrates have access in training and in court to the Adult Court Bench Book which contains detailed information on the powers and procedures relating to remand in custody and on bail. All judicial office holders, including magistrates, have access to the Equal Treatment Bench Book which is a source of guidance on the wide range of practical matters that may arise in remand considerations and other hearings. Alongside formal training provided through the Judicial College, the MoJ engages the judiciary in an effort to raise awareness amongst judges and magistrates on the capabilities and usefulness of electronically monitored bail as part of our court outreach programme of work (see the response to recommendation 18 and 20).
Read the full response on Parliament ↗