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Introduction
1. Purpose
1.1 The purpose of this consultation paper is to obtain views on whether changes should be made to the allowances and travel and subsistence expenses that can be claimed by JPs. These allowances and expenses have not been revised since 2000.
1.2 Justices of the peace are currently paid allowances in respect of:
- Travel;
- Subsistence; and
- Financial loss.
1.3 Respondents are asked for views on the basis upon which certain rates are calculated, and the criteria which should be applied in making any adjustment to the rates - for example whether we should seek to achieve consistency with the rates payable to magistrates in England and Wales, the professional judiciary in Scotland, or whether a different basis should be used for calculating allowances. The professional judiciary are paid expenses at the same rates as Scottish Government staff. The rates payable to employees of the Scottish Court Service ( SCS) are similar to those paid to Scottish Government employees and the professional judiciary. Details of the SCS rates are not, in the main, included in this consultation paper as the variance is very slight, and it was deemed the rates payable to Scottish Government staff and the professional judiciary would prove a more appropriate comparison.
2. Background
2.1 The unification of the summary courts under the administration of SCS is currently being rolled out on a sheriffdom-by-sheriffdom basis under the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 ("the 2007 Act"). The first two stages of unification are now complete. District courts managed by local authorities were replaced by justice of the peace courts (" JP Courts") managed by SCS in the sheriffdoms of Lothian and Borders on 10 March 2008 and Grampian, Highland and Islands on 2 June 2008.
2.2 In sheriffdoms in which JP courts are not yet managed by SCS, allowances are paid to JPs by local authorities under section 17 of the District Courts (Scotland) Act 1975 ("the 1975 Act"). Upon unification in each sheriffdom, SCS will become responsible for the payment of allowances to JPs in those sheriffdoms under section 68 of the 2007 Act, which specifies that the "Scottish Ministers are, in accordance with a scheme devised by them, to pay allowances to JPs."
2.3 The schemes for the payment of allowances in Lothian and Borders, and Grampian, Highland and Islands retain the rates paid to JPs across Scotland in order to ensure there is no discrepancy between the rates paid to JPs in different parts of the country.
2.4 Details of the current rates for allowance payments to all JPs are provided in the annex.
2.5 In devising the schemes for Lothian and Borders and Grampian, Highland and Islands, a number of issues became apparent:
- the current allowance rates have remained unaltered since 1 April 2000;
- allowance payments for JPs differ from the office of magistrate in England and Wales; and
- JP allowances also differ from allowances which are paid to the professional judiciary and Scottish Government staff.
2.6 In addition, recent reforms to the system of lay justice formalise significant demands and expectations which will apply to all of those who hold the office of JP, including the requirement to undergo regular training and appraisal. A key aim of the reforms is to make it clear that lay justices are a skilled and well trained branch of the judiciary who are equipped to play a full part in the reformed summary justice system. There is now an even greater expectation than before that JPs will adopt a professional approach towards their judicial duties, and it could be argued that the current allowance rates do not adequately reflect this expectation.
2.7 Given there has been no alteration of the allowance rates since April 2000, the Scottish Government is sympathetic to proposals to adjust the rates. Nevertheless, it will be important to consider the affordability of any proposal, both for the Scottish Government and also for the local authorities that would be affected by any change which is implemented prior to the completion of court unification. For that reason, local authorities, as well as SCS, are being asked for views as part of this consultation.
3. England and Wales - Magistrates' Allowance Rates
3.1 Allowances rates for magistrates are set by Her Majesty's Court Service ( HMCS). The allowance rates for magistrates detailed in this consultation paper took effect on 1 August 2008, following a review in April 2008 and subsequent amendments following representations by the Magistrates Association and National Bench Chairmen's Forum in light of recent increases to petrol prices. To aid consultees in responding to this paper, a brief summary of the methodology employed by HMCS when reviewing the rates payable to magistrates in England and Wales has been provided. 1
4. Consultation Period
4.1 The phased programme of court unification is scheduled for completion in late 2009. Local authorities will retain responsibility for the payment of allowances in their district until unification takes place in the area. This consultation is therefore concluding on 19 December 2008 in order for the new rates to be announced in January 2009. This should enable those local authorities that will be affected to accommodate the changes in their budgets for the 2009/10 financial year.
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