Introduction
This
guidance is for magistrates who may be standing for election as a Police and
Crime Commissioner (PCC), are planning to take part in a PCC election campaign,
or who have been appointed or are likely to be appointed as a member of a
Police and Crime Panel. It is issued in light of the fact that several serving
magistrates have already been selected as PCC candidates or appointed as
members of Panels.
Background
PCCs
are required by statute to set local police priorities. They will set the
relevant Police Force’s budget and ultimately hold the Chief Constable to
account, as well as having the ability to dismiss Chief Constables when
necessary.
The
first elections of PCCs will take place on 15 November 2012. One PCC will be
elected for each Police Force area in England and Wales outside London.
Selection processes by political parties for potential candidates are in the
final stages. During the campaign candidates will be likely to set out public
positions on a range of crime and policing issues, including strategic policing
priorities.
The Police Reform and Social
Responsibility Act 20111 sets out the requirements for election to PCC roles.
The Act disqualifies judges from election as a PCC, by virtue of their
disqualification under the House of Commons Disqualification Act 1975.
Therefore, no judge can hold office as a Police and Crime Commissioner.
However, the Act does not prohibit magistrates from standing for election as a
PCC.
Judicial Independence
Magistrates should always take
care that their conduct, official or private, does not undermine their
institutional or individual independence, or the public appearance of
independence. Magistrates must avoid placing themselves in a situation which risks
a suggestion of bias or which even in the absence of actual bias, could be
perceived by a fair minded and informed observer as giving rise to a real
possibility of bias (so-called ‘apparent bias’).
Holding
office as a PCC
The
role of the PCC is intrinsically linked to the performance of the local police
force. It will require constant engagement in public debate; Magistrates do not
need reminding that a high degree of contention is often inseparable from
public discussion of criminal justice policy and practice. In the light of
their status as holders of judicial office and the law on ‘apparent’ bias,
magistrates must ask themselves whether it is possible to hold office both as a
PCC and a magistrate. It is the firm view of the senior judiciary that the two
roles are not compatible; and accordingly, that any magistrate elected to be a
PCC should resign as a magistrate.
Conduct
while standing for PCC or campaigning on behalf of others
Any
Magistrate who is standing for PCC or who is actively engaged in campaigning on
behalf of a candidate should take leave of absence and should at all times
avoid behaviour that could bring the judiciary into disrepute.
It
is not practicable to give detailed guidance on what amounts to ‘active’
campaigning. Magistrates should use their common sense and judgement regarding
this. (For example low-level activity, such as delivering leaflets is probably
not within the description). Any magistrate should always conduct him or
herself in such a way as not to compromise their ability to return to the Bench
as an independent and impartial member of the judiciary.
After
the election a magistrate who is not elected may return to sitting.
Police
and Crime Panels
In
October 2012, Police and Crime Panels are being introduced in every Force area
to scrutinise the actions and decisions of PCCs. Panels will support and
challenge the commissioners in the exercise of their functions.
In view of the fact that many magistrates have already
been appointed as Panel members, it is considered appropriate for magistrates
to become members without having to step down from the magistracy or refrain
from sitting. The functions of the panels vary in terms of public exposure; in
taking part in any panel activity (whether public or not) magistrate members
should be constantly alert to the need to conduct themselves in a manner which
is consistent with their duties and responsibilities as magistrates.
Review
of this guidance
This
guidance should be regarded as interim only. After the PCC elections and the
formal constitution of Panels, it is intended to review it in the light of
experience of the new system.
Senior
Presiding Judge
AUGUST 2012
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