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Appendix 1 Arm’s length bodies relating to the English judicial system

bgcolor=white>Annual report presented to Parliament: Courts Act 2003, s1(4)

Pages on MoJ website

Body Function Status Governance Reporting duties/activities
HM Courts and Tribunals Service ‘responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland' Executive agency of the MoJ Board, including 3 judicial members and senior MoJ official

‘It uniquely operates as a partnership between the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals as set out in our Framework Document'

Judicial Appointments

Commission for England and Wales

‘We select candidates for judicial office on merit, through fair and open competition, from the widest range of eligible candidates' NDPB sponsored by the MoJ 15 Commissioners; ‘leadership team' of a chief executive and two directors Annual report presented to Parliament: CRA 2005, sch 12 para 32

Own website

Judicial Appointments and Conduct

Ombudsman

Deals with complaints about the judicial appointments and discipline process. Appointed by the Queen on the recommendation of the Lord Chancellor Corporation sole ‘completely independent of Government and the judiciary' Annual report presented to Parliament: CRA 2005, sch 13 para 15

Pages on MoJ website

Office for Judicial

Complaints

Deals with complaints from members of the public about judge's conduct Up to 2011: an ‘associated office' of the MoJ, set up to support Lord Chancellor and LCJ in their joint responsibilities for judicial discipline.

From 2011:part of the Judicial Office

Civil servants work ‘jointly and equally to the Lord Chancellor and LCJ'.
Head is senior civil servant appointed by open competition
Annual report published by Lord Chancellor and LCJ; announced by Lord Chancellor in written statement to Parliament

Own website

Body Function Status Governance Reporting duties/activities
Civil Justice Council ‘We promote the needs of civil justice in England and Wales and monitor the system to ensure that progress to modernise it continues' Advisory NDPB funded by MoJ: Civil Procedure Act 1997 Since October 2010, sponsored by Judicial Office Business plan, news and reports regularly appear on pages on judiciary website
Civil Procedure Rules

Committee

Makes rules of court for the Civil Division of the Court of Appeal, the High Court and the county courts NDPB created by Civil

Procedure Act 1997

Chaired by Master of the Rolls; 15 other members, mostly legal practitioners Annual report published by

MoJ

Page on MoJ website

Family Justice Council ‘We promote better and quicker outcomes for the families and children who use the family justice system' Advisory NDPB funded by MoJ; since October 2010 sponsored by Judicial Office The national Council of 30 members meets quarterly; 39 local FJCs Page on judicial website
Family Procedure Rules

Committee

Makes rules of court governing the practice and procedure to be followed in family proceedings in the High Court, county courts and magistrates' courts NDPB created by Courts Act

2003 s 77

Chaired by President of

Family Division; 16 other members

Page on MoJ website
Criminal Procedure Rule

Committee

‘Responsible for modernising court procedure and practice and making the Criminal Procedure Rules' NDPB created by Courts Act

2003 s 70

Chaired by LCJ with membership of judges, lawyers and police officers ‘What's new?' page on MoJ website but no annual report
Sentencing Council ‘To promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary' NDPB sponsored by the MoJ created by Pt 4 of the Coroners and Justice Act 2009 LCJ is president; chaired by a CA judge with 13 other members appointed by LCJ or LC Annual report: Coroners and

Justice Act 2009

s 119(2)Own website

Key: CA = Court of Appeal of England and Wales; LC = Lord Chancellor; LCJ = Lord Chief Justice; MoJ = Ministry of Justice; NDPB = non-departmental public body; quotations taken from organisations' web pages. ‘MoJ website’ is < http://www.justice.gov.uk>; ‘Judiciary website' is.

Several bodies have been or are planned to be abolished under the Public Bodies Act 2011: Court boards; Crown Court Rule Committee; Her Majesty's Inspectorate for Court Administration; Magistrates' Courts Rule Committee.

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Source: Bamforth Nicholas, Leyland Peter (eds.). Accountability in the Contemporary Constitution. Oxford University Press,2014. — 425 p.. 2014
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