Introduction

The Judicial Studies Board (JSB) was set up in 1979, following a review by Lord Justice Bridge, to provide training for judges in the criminal jurisdiction. In 1985 its role was extended to cover the provision of training in the civil and family jurisdictions and the supervision of training for magistrates and judicial chairmen and members of tribunals.

2. Purpose of Memorandum

2.1 This memorandum sets out how the JSB will operate its business and how its relationship with the Lord Chancellor and Parliament will be conducted. The JSB will enjoy a level of autonomy in its financial affairs ( subject to the usual government accounting rules on financial accountability and in accordance with the financial framework at Annex C) consistent with its independence in assessing the need for, and providing, judicial training.

2.2 This memorandum will be effective from 1 April 1999 and supersedes that dated 6 June 1996.

2.3 This document will be reviewed by the JSB and the Lord Chancellor after it has been in force for five years. Amendments may be made at any time by agreement between the JSB and the Lord Chancellor.

3. Appointment of Judicial Studies Board

3.1 The Chairman and members of the JSB are appointed by the Lord Chancellor. The Board may have up to 18 members, but no fewer than 10, who may be appointed on a personal basis or ex officio. Representatives from the judiciary, the magistracy and tribunals will constitute a majority of the JSB's members. The Chairman and members are normally appointed for 3 years and may be reappointed for a further 2 years. The Lord Chancellor will consult the Chairman before appointing members to the JSB.

4. Committees

4.1 The JSB may set up and appoint Committees to advise it on its functions and to assist in carrying out agreed programmes. Existing JSB Committees are listed in Annex A. The Chairman of the Board will consult the Lord Chancellor before appointments as Chairmen of Committees are made, or any lawyers are appointed as members.

4.2 The JSB may delegate responsibilities to an Executive Committee.

5. Director of Studies

The Director of Studies of the JSB will be a circuit judge attached to the JSB on secondment. The Director of Studies attends meetings of the Board and all committees.

6. The Work and Plans of the JSB

6.1 The aim of the Department of Constitutional Affairs is Justice. The work of the JSB contributes directly to this aim. The current Operational Objectives of the JSB are set out below and are reviewed annually:

a)    to provide high quality training to full- and part-time judges in the exercise of their judicial function in civil, criminal and family law.

b)    to advise the Lord Chancellor on the policy for and content of training for lay magistrates, and on the efficiency and effectiveness with which Magistrates' Courts' Committees deliver such training.

c)    to advise the Lord Chancellor and Government Departments on the appropriate standards for, and content of, training for judicial officers in Tribunals.

d)    to advise the Government on the training requirements of judges, magistrates and judicial officers in Tribunals if proposed changes to the law are to be effective and to provide, and to advise on the content of, such training.

6.2 The Operational Objectives will be agreed annually between the Lord Chancellor and the Board and will be supported by Quality and Timing performance targets which will be set out in the Management Plan

7. Planning and the Annual Report

7.1 The JSB will draw up an annual strategy, covering three forward years, which will include an assessment of judicial training needs. In the light of the strategy, the JSB will draw up spending plans for each financial year in good time to meet LCD's public expenditure timetable. The strategy and spending plans may need to be amended in the light of the allocations made to the JSB.

7.2 Both the strategy and annual plan will contain specific performance targets for value for money in the JSB's activities. The strategy and annual plan will be sent to the Director General Policy, who will consider the performance targets and allocate resources to the JSB in the light of the plans and the overall resources available to him. The strategy and annual plan will take account of the availability of judges to attend courses, in the light of discussions with the Senior Presiding Judges and the Chief Executive of the Court Service.

7.3 The JSB will draw up and publish by 30 June each year a report to the Lord Chancellor on its activities. Copies will be placed in the libraries of both Houses. The Report will cover the JSB's achievement of its performance targets and will also include details of the their future activities. The LCD and the Home Office will, as far as practicable, keep the JSB informed of any proposed changes in the law (either within the LCD or elsewhere in government) which may have training implications for judges.

8. Accountability

8.1 The Lord Chancellor will continue to be responsible for allocating resources to the JSB.

8.2 The Permanent Secretary of the Lord Chancellor's Department is the Lord Chancellor's principle adviser on matters affecting the LCD as a whole, including resource allocation and expenditure. He is responsible for advising the Lord Chancellor how the JSB's plans fit into the Lord Chancellor's overall strategy. He is the Principal Accounting Officer for the LCD and must be satisfied that the JSB has adequate financial systems and procedures in place both to promote the economic, efficient and effective conduct of its business within available resources and to safeguard financial propriety and regularity. He also sets the financial framework for the Secretary of the JSB which is described in Annex C.

8.3 The Director General, Policy, who is accountable to the Permanent Secretary, will be the normal channel for consultation on the strategy and annual plans, and will have the responsibility of maintaining contact with the JSB, and its Secretary, as necessary.

8.4 The Secretary to the JSB will be treated as an Accounting Officer, directly responsible for JSB expenditure and for following the financial framework set out in Annex C. The Secretary attends meetings of the Board and all committees.

8.5 The JSB as an independent body, will be responsible for its own relations with the media. It will advise the LCD of any potentially controversial announcements or developments; it may use the facilities of the LCD Press Office in its dealings with the media.

8.6 The Lord Chancellor and the Minister of State are answerable to Parliament on matters relating to the JSB. Members of Parliament and Peers may be encouraged to deal directly with the JSB on those matters which are the JSB's responsibility (e.g. the content and nature of JSB training) if it appears to the Lord Chancellor that this would be appropriate. In such cases the Lord Chancellor or the Minister of State may respond that the JSB will deal directly with such questions. When members of either House write to the Lord Chancellor or the Minister of State about JSB operational matters, they may, in the same way, be encouraged to deal with the JSB directly. The JSB will inform the LCD of' any potentially controversial issues arising with members of either House of Parliament.

8.7 If an invitation is received to attend a meeting of a Parliamentary Select Committee, the Lord Chancellor will discuss attendance with the Chairman of the Board. If the subject is the operations of the JSB, the Chairman, the Director of Studies and the Secretary will normally attend. Where appearance is before the Public Accounts Committee, the Secretary, in respect of his accounting officer responsibilities for the JSB will accompany the Permanent Secretary of LCD.

9. Finance

9.1 The Director General, Policy will notify the JSB of the budget allocated to it from LCD's vote prior to the start of the relevant financial year. The JSB will inform LCD of its expenditure through the Departmental Accounting System.

9.2 The JSB will prepare a receipts and payments account in accordance with the format specified in the Financial Framework at Annex C. The account will be included in the Annual Report and will be produced on a cash basis until such time as the Department moves to accrual accounting based budgeting and reporting.

9.3 The JSB will ensure that its accounting and other procedures incorporate adequate safeguards against theft and fraud. All purchases of goods and services must be based on value for money and contracts should be placed on a competitiveness basis unless there are sound reasons to the contrary.

9.4 The JSB will develop and maintain an adequate risk management strategy to assess the value of and threat to key assets and how any risks might be minimised. It may not insure against any such risk without the agreement of LCD (with the exception of the third party insurance required by the Road Traffic Acts).

9.5 The JSB will have regard to the requirements of the code of Open Government, as appropriate, in its work.

9.6 The Director General, Policy will inform the Secretary of the JSB of the framework for the JSB delegations. The Secretary must ensure that financial limits are not breached and that adequate management controls are in place to enable the JSB to meet Government Accounting requirements and those of LCD's Finance Manual.

9.7 The JSB will be subject to internal audit by the LCD Internal Assurance Division and to external audit by the National Audit Office.

10. Personnel

10.1Members of the JSB staff will be civil servants within the LCD or on secondment from other Government departments.

10.2 All staff including those on secondment, will be employed on the terms and conditions of service set in the LCD Personnel Management Manual, as amended from time to time, with certain exceptions for staff recruited on fixed term contracts who will normally be neither mobile nor promotible.

10.3 Postings to the JSB will be on career development, promotion and posting opportunities that are open to other staff of the Department.

11. Support Services

The LCD currently supplies the services listed at Annex D to the JSB. In due course, a budget for such services will be transferred, where appropriate, from LCD to the JSB, which will then be fully responsible for purchasing the service. In other cases a service level agreement will be set up between the LCD and the JSB, and costings established for the service. No date has been set to introduce these changes.