Non-magistrate members – Former magistrates will not be appointed as
non-magistrate members.
The table below is to help prospective
applicants identify whether their occupation, or that of a spouse,
partner/civil partner or close relative, will affect their eligibility to serve
as a member of an Advisory Committee. These lists are not exhaustive and if you
have any doubt about your eligibility for appointment, contact the relevant
Advisory Committee.
Roles which automatically disqualify you from
applying
Roles where eligibility will depend on the
circumstances
·
Bailiff
·
Community Assessor
(involved in the selection of police officers and related roles)
·
Community safety partnership member
·
Educational welfare
officer
·
Independent custody visitor
·
Mckenzie Friend
·
National Crime Agency
·
Police (civilian employee)
·
Policy Community Support Officer
·
Police and Crime Commissioner (and Deputies)
·
Police Officer
·
Police Special Constable
·
Prison Service
·
Prison Escort Contract Services
·
Private Detective
·
Probation Assistant
·
Probation Officer
·
Probation Prosecutor
·
Restorative Justice panel member
·
Store detective
·
Traffic warden
·
Youth offender panel / team / referral panel
·
Adoption Agency
·
Appropriate adult
·
Barrister / solicitor advocate
·
Care manager
·
Children’s guardian
·
Citizen’s advice
·
Child contact centre
·
Civil servant
·
Councillor
·
Crime prevention panel
member
·
Crown Prosecution
Service
·
Crown Prosecution
Service Inspectorate
·
Expert witness in the
family court
·
Family mediation
service
·
Foster carer
·
Health Authority
·
Highways Agency
·
H.M. Forces
·
Interpreter
·
Lay Observer
(inspecting prisoner transport/holding conditions)
·
Licensee
·
Local Authority
·
Local Children
Safeguarding Board
·
Medical professional
working directly with children
·
Member of UK
Parliament / European Parliament / Welsh Assembly
·
Minister of religion
·
Neighbourhood watch
member
·
NSPCC or other similar
children’s welfare charities
·
Parole Board
·
Party political agent
·
Member of Police and
Community Partnerships
·
Member of Community
Police Engagement Groups
·
Member of Police and
Crime Panels
·
Police (non-staff
support worker)
·
Prison after-care
worker
·
Probation Trust board
member
·
Relate counsellor (or
similar charities)
·
RSPCA
·
Samaritans
·
Security Officer
·
Sheriff
·
Social worker
·
Solicitor
·
Teacher
·
Victim / Witness
Support Scheme member
Candidates and, once appointed, members must inform the Advisory
Committee Secretary if they intend to accept a position or office which would
have disqualified them from appointment to the
Advisory Committee.
Age –
The minimum age for appointment to an Advisory Committee is 18. The retirement age is
75.
Nationality – British nationality is not a requirement however
candidates must permanently reside in the jurisdiction of England and Wales at
the time of application. Candidates in the process of, or intending to, seek
asylum or applying for indefinite leave to remain in the UK are ineligible.
Residence – Magistrate applicants should apply to the Advisory
Committee which covers the area in which they serve. Non- magistrate applicants
should apply to the Advisory Committee which covers the area in which they
either live or work.
Health – The Lord Chancellor will not appoint anyone whose
health prevents them from fully carrying out the duties of an Advisory
Committee member.
Disability – Applications are welcome from people with a
disability who are able, either unassisted or with the benefit of reasonable
adjustments, to carry out the full range of duties of an Advisory Committee
member.
Qualities required
Advisory Committee members must:
· Have integrity, be circumspect, and be able to
maintain confidences.
· Have nothing in their private or working life, or in
the lives of their family or close friends, which could bring them or the
advisory committee into disrepute.
· Be able to communicate effectively with courtesy and
professionalism.
· Be able to work as part of a team and engage in
collective decision making.
· Be able to think logically, weigh arguments and reach
balanced decisions.
· Have a good knowledge and understanding of social
issues in the local area in which they wish to serve, in particular the causes
and effects of crime.
· Have respect for, and understanding of, social
diversity.
· Demonstrate enthusiasm for advisory committee work and
be able to make the necessary time commitment to the duties and training
required.
Convictions and Orders
There must be nothing in an Advisory Committee member’s past which could
cast doubt on their credibility and standing in the eyes of the public. The
Lord Chancellor will not appoint anyone in whom the public would be unlikely to
have confidence.
Non-magistrate
applicants must declare any convictions, cautions or orders which qualify for
disclosure under the guidance. Magistrate
applicants will have provided any relevant information as part of the
magistrates’ selection process. Provide as much information as you can on your
application form.
A civil order or a minor criminal offence in the past
will not necessarily disqualify you for appointment; Advisory Committees and
the Lord Chancellor will consider:
·
The nature and
seriousness of the matter;
·
When it occurred;
·
The penalty or order imposed; and
·
Any subsequent convictions/orders.
The Rehabilitation of Offenders Act 1974 governs the disclosure of
convictions and cautions by prospective employees and holders of public office.
Under the Act, following a specified period of time which varies according to
the disposal administered or sentence passed, all cautions and convictions
(except those resulting in prison sentences of over 30 months) are regarded as
‘spent’.
You must declare any
convictions or cautions you have received which are not ‘spent’ within the
meaning of the Act. It is your responsibility to ensure that you have disclosed
any relevant conviction or caution. You can find further guidance about spent convictions
at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/945449/rehabilitation-of-offenders-guidance.pdf.
You must declare if you
are currently, or become subject to any of the following during the selection
process:
Involvement in current proceedings:
· Subject to investigation by the police;
· Involved in any form of court proceedings, including
as a witness, includes divorce proceedings where the custody of children is contested;
· Subject to professional disciplinary proceedings or
disciplinary proceedings at work.
Driving offences[1]
(in which case you are unlikely to be selected for appointment):
·
Have any driving
convictions or cautions (see section above on convictions and cautions);
·
Have any serious
motoring convictions resulting in disqualification from driving for twelve
months or more within the last 10 years;
·
Have any serios motoring
convictions resulting in disqualification from driving for less than twelve
months within the last five years;
·
Have any motoring
offences which have resulted in six penalty points or more for one offence
within the last five years, or nine penalty points for totting-up purposes
within the last five years.
Penalty Notice for
Disorder:
·
Have any penalty notice
for disorder within the last four years.
Bankruptcy and liquidation (in which case you are
unlikely to be selected for appointment):
· Are an undischarged bankrupt;
· Have a debt relief order or interim debt relief order
against you or entered into an arrangement with your creditors;
· Are or were the director of a company that went into
liquidation in the past five years;
· Are or were disqualified from acting as a director of
a company in the last ten years.
Spouses, partners/civil partners, close relatives and
close friends:
You must declare it if you are, or if you become,
aware that your spouse, partner/civil partner, a close relative or a close
friend has convictions or cautions which would qualify for disclosure under
this guidance. You must also inform the Advisory Committee straightaway if
during the selection process your spouse, partner/civil partner, a close
relative or a close friend becomes subject to investigation by the police.
In most cases, the actions of another person will not
mean that you are disqualified for appointment, but you must declare any
relevant information known to you, so that the Advisory Committee and Lord
Chancellor can consider:
·
The nature and
seriousness of the matter;
·
The person’s relation to
you and the extent of your contact with that person;
·
Whether or not you
appear to condone the offence;
·
Whether the
circumstances could undermine your credibility or the credibility of the
magistracy if it became known to the public;
·
The penalty or order imposed; and
·
Any subsequent convictions/orders.
[1] You do not need to
declare driving offences which were dealt with by an information warning, any
attendance on a Driver Offender Retraining Course where no fixed penalty was
issued or parking offences