justices' clerk

In the family proceedings court leave may be given by a justices' clerk.

A direction may be given by a justices' clerk.

The justices' clerk's role has been adapted to account for modern requirements.

Certain powers of the court may be delegated to a single justice or a justices' clerk.

A justices' clerk has power to grant or refuse an application for transfer.

The justices' clerk will be a qualified solicitor or barrister of ar least five years' standing.

In the family proceedings court the justices' clerk has power to vary any time limit imposed by the rules.

A conference is a private meeting of the nine Justices by themselves; the public and the Justices' clerks are excluded.

Then the other justices' clerks look over my memo and make a recommendation to their justice on whether the Court should grant cert or not."

In urgent cases an application for directions may be made orally and ex parte with the leave of the court or a justices' clerk.

They are advised on points of law and procedure by a legally qualified Justices' Clerk and their assistants.

Judges, magistrates and justices' clerks believe they must keep custody as a deterrent against frequent offenders and 'to give society a rest'.

Additionally, in the court room, the justices' clerk and his assistant legal advisers may ask questions of witnesses and parties to clarify evidence and issues.

These amalgamations were accompanied by a move to confine a number of benches within individual MCC areas to a single justices' clerk.

In the family proceedings court certain procedural functions may be carried out by a single justice or in certain circumstances a justices' clerk (see Chapter 4, 1).

The justices' clerk is also responsible for the legal advice tendered to magistrates in and out of the courtroom either personally or by his assistant legal advisers.

The principal adviser to a bench or benches of magistrates is the justices' clerk, appointed under the Courts Act 2003 by the Lord Chancellor.

The Home Secretary of the time also resisted it on the ground, amongst others, that it would transform justices' clerks and their staff into a central government service.

The vast majority of magistrates' courts are taken by the justices' clerk's assistants who are known as magistrates' clerks, court clerks or legal advisers.

The justices' clerk may delegate these functions to a legal adviser (referred to as "assistant justices' clerk" in the relevant legislation).

In the family proceedings court a justices' clerk or a single justice may make, vary or revoke directions and may refer any matter to the full court for consideration.

Although their functions have changed considerably over the intervening years, justices' clerks and their assistants (also known as legal advisers/court clerks) remain the linchpin of magistrates' courts.

However, although the justices' clerk is line managed by a senior civil servant for administrative purposes, he/she retains independence when undertaking judicial functions and giving legal advice to magistrates.

Section 27 (4) of the Act provides that before reassigning a justices' clerk, the Lord Chancellor must consult the bench chairman of the relevant local justice area(s).

Justices' Clerk and director of Legal Services for Staffordshire, HM Courts Service, Ministry of Justice.