STRATEGY 2005-08

Table of Contents

1 Introduction........................................................................................4

2 Delivering the Strategy......................................................................4

3 The JSB’s activities...........................................................................4

3.1 Induction courses for the judiciary.......................................................5

3.2 Gatekeeper courses for the judiciary...................................................6

3.3 Continuation training courses for the judiciary.....................................6

3.4 Circuit seminars for the judiciary..........................................................6

3.5 Magistrates’ National Training Initiative (MNTI)...................................7

3.6 Monitoring and evaluation of training...................................................7

3.7 Training the trainers.............................................................................8

3.8 Analysing training needs......................................................................8

3.9 Distance learning.................................................................................8

3.10 Information and Communications Technology (ICT) Strategy.............9

3.11 Publications.........................................................................................9

3.12 Equal Treatment Advisory Committee (ETAC)..................................10

3.13 International programme....................................................................10

3.14 Special events...................................................................................11

4 Strategic priorities...........................................................................11

4.1 Strategic Priority 1.............................................................................11

4.2 Strategic Priority 2.............................................................................13

4.3 Strategic Priority 3.............................................................................14

4.4 Strategic Priority 4.............................................................................14

4.5 Strategic Priority 5.............................................................................15

4.6 Strategic Priority 6.............................................................................15

4.7 Strategic Priority 7.............................................................................16

4.8 Strategic Priority 8.............................................................................16

5 Strategic risk....................................................................................17

5.1 Changes in training needs.................................................................17

5.2 Constitutional and organisational change..........................................17

5.3 Technology changes..........................................................................18

5.4 Increase in judicial appointments.......................................................18

5.5 Judicial release time..........................................................................18

5.6 Financial risk......................................................................................19

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6 Risk management............................................................................19

6.1 Maintaining effective stakeholder relationships.................................19

6.2 Horizon scanning...............................................................................19

6.3 Agreements and protocols.................................................................20

6.4 Work management systems..............................................................20

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1 IntroductionThe Judicial Studies Board’s purpose is to ensure that judicial officers are equipped with the skills and knowledge which they need to discharge their duties effectively, in a way which preserves judicial independence and promotes confidence in the justice system.

Our training supports the independent judiciary, comprising 2,450 full-time judges and 2,700 part-time judges. In this period we take on greater responsibility for the training of 28,700 magistrates across England and Wales. We will continue to support the training activities of some 15,000 chairmen and members under the new Tribunals Service, which, in April 2006, will bring together the administration of all the major tribunals across government.

2 Delivering the StrategyThe purpose of the Strategy is to provide long term direction for the JSB. It is a forward look at our priorities over the next three years.

The Strategy is matched to resources available following the 2004 Spending Review, and is deliverable within the skills and capability available to the JSB. Its delivery must be carefully planned, tested for robustness and aligned with the delivery of our immediate priorities.

The Management Plan describes how the JSB will achieve the Strategy and describes the work each committee will undertake over the next year to achieve the JSB’s strategic priorities.

3 The JSB’s activitiesThe JSB’s activities fall under three main headings:

Induction training

Induction training is the provision of initial training for new judicial officers and for those taking on new roles and responsibilities. We meet these needs through training courses, producing material for personal study, advice and guidance on induction programmes and mentoring.

Continuing professional education

Continuing professional education facilitates a strengthening and deepening of the skills and knowledge of existing judicial officers. This includes training activities which are periodically necessary to refresh areas of judicial and magisterial competence, or to equip the judiciary with the skills needed to meet government programmes already announced and in the course of implementation or to absorb areas of European

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Union and international law whose implementation in the United Kingdom is a matter of international obligation. These training programmes ensure judges and magistrates are equipped to keep pace with developments in law and society, and with changes in the outside environment (for example in information technology).

Delivering change and modernisation

Delivering change and modernisation includes identifying training needs and developing and delivering training programmes to support major changes to legislation and to the administration of justice, which cannot be adequately dealt with in the normal course of continuation training. To perform this function, the Board regularly reviews its core business, ensuring it is being delivered in line with current good training practice and in accordance with modern technological aids and methods.

Induction training, continuing professional education and delivering change and modernisation are the JSB’s core business. In the first two categories, the JSB has a constant, continuing and increasing obligation to ensure that training is provided for the judiciary and to provide support to those delivering training to the tribunals sector. This is funded from our baseline budget, provided by the Department for Constitutional Affairs. The third category, delivering change and modernisation, is typically driven by external events and policies. The JSB expects organisations precipitating such change to take account of the need for judicial training and to supply the JSB with the necessary funding.

The JSB’s strategy for meeting these needs is as follows.

3.1 Induction courses for the judiciaryInduction courses are mandatory courses that judges are required to attend prior to sitting in a particular jurisdiction. The JSB must provide appropriate training, at the appropriate time in order to maintain judicial capacity. In addition, new magistrates and tribunal chairmen and members are trained in accordance with JSB guidance and standards before they sit.

Induction courses are run for recorders in criminal and civil law, for deputy district judges in civil and family law, and for deputy district judges (Magistrates’ Courts) in criminal law. The JSB also runs tribunal skills development courses, which are aimed at legally qualified chairmen in tribunals who are sitting for the first time in a judicial capacity.

For newly appointed part-time judges, induction training consists of attendance at an appropriate induction course organised by the JSB and supplemented by a period of ‘sitting in’ (direct observation and discussion of the trial and case management process). Criminal sitting is further supplemented by visits to adult prisons, young offender institutions, and meetings with members of the probation service. The Criminal, Civil and Family Committees are keeping arrangements for sitting in under

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review in order to ensure that the learning outcomes of the induction courses and sitting in are aligned.

3.2 Gatekeeper courses for the judiciaryServing judges (both full- and part-time) are required to attend gatekeeper courses in order to exercise new areas of jurisdiction. Gatekeeper courses support the system of judicial authorisation (or ‘ticketing’). Attendance on some courses is a prerequisite for exercising the relevant jurisdiction, for example, no judge can hear cases involving a charge of rape without first having attended the Serious Sexual Offences Seminar. Other gatekeeper courses include the Serious Fraud Seminars, the Housing and Family Law Act Seminar for District Judges, the Public Law Induction Course, and the Private Family Law Induction Course.

The JSB advises upon and sets the appropriate programme of court experience, or ‘sitting-in’ appropriate, prior to and post induction courses.

The JSB is currently participating in a general review of ‘ticketing’, in consultation with the President of the Family Division and the Senior Presiding Judge and will consequently be reviewing gatekeeper training during the lifetime of this strategy.

3.3 Continuation training courses for the judiciaryFull- and part-time judges in the Crown and County Court and the High Court attend a residential training course every three years in each jurisdiction they exercise.

These courses keep judges abreast of changes in criminal law and procedure, give information that will enable judges to better fulfil their role and provide an opportunity for judges to exchange ideas so as to promote consistency in practice, and draw upon the experiences of others in dealing with judicial problems.

Seminars for the judiciary include family (both private and public law), civil and criminal (both general and specialist jurisdictions). The JSB also provides judicial skills training to enable experienced tribunal chairmen to review their working practices.

Training is also provided for members of the judiciary who undertake additional roles that require management skills or appraiser, trainer and facilitator skills.

3.4 Circuit seminars for the judiciaryIn addition to JSB continuation training courses, all recorders and deputy district judges attend one day of local training. Again, this can be used to deliver training on a range of initiatives. In addition, those seminars also contribute to the health and wellbeing of the circuit system. Over the next three years, the JSB will work in partnership with presiding judges to increase the effectiveness of circuit seminars.

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3.5 Magistrates’ National Training Initiative (MNTI)The Magistrates’ National Training Initiative (MNTI) comprises a competence framework and appraisal system for magistrates. The initial system was introduced in 1998, and has been subject to extensive revision.

The JSB determines the curriculum for all core areas of magistrate activity and develops training packs and materials for delivery by local trainers. The MNTI guidance provides advice on the appraisal and training scheme for magistrates. The JSB’s role in defining the competence framework for magistrates and providing guidance on the appraisal and training scheme will continue and will be regularly reviewed and updated.

The JSB provides a grant-in-aid to the Magistrates’ Association to support its role in the training of magistrates. This provides not only a tangible means of working in direct partnership with the representative organisation of the magistracy, but also an important complementary delivery mechanism for key aspects of the implementation of the Magistrates’ National Training Initiative (MNTI).

The many initiatives and developments in this area arising from the assumption by the JSB of direct responsibility for magistrates’ training are dealt with under Strategic Priority 1 (page 11).

3.6 Monitoring and evaluation of training

3.6.1 Judiciary

Evaluation is a standard part of the lifecycle of all courses. All course directors are expected to evaluate and report to their committee after every cycle of courses. The Training Committee continually reviews the evaluation methods and techniques used. This relates to the JSB’s Strategic Priority 2 (page 13).

3.6.2 Magistrates

Monitoring and evaluation of the local delivery of magistrates’ training, hitherto a mixture of desktop audits and visits, will be fundamentally reviewed and strengthened. This relates to the JSB’s Strategic Priority 1 (page 11).

3.6.3 Tribunals

Advice and guidance on evaluation methods is provided to trainers in the tribunals sector. In light of the proposals contained in the government’s White Paper on Administrative Justice, the JSB is developing proposals for the systematic evaluation of training in tribunals. The responsibility for this evaluation rests with the tribunals themselves. In this period, the JSB will strengthen its expertise in quality assurance and evaluation processes with a view to undertaking evaluation of training to tribunals on behalf of the Senior President, and developing better ways of sharing best practice in training. This relates to the JSB’s Strategic Priority 6 (page 15).

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3.7 Training the trainersThe JSB delivers training for those who act as trainers for the judiciary, magistrates and tribunals. We deliver an Annual Course Director’s Conference, training courses for legal advisors on JSB materials, magistrates’ training, and a variety of courses for chairmen and members of tribunals, including training for those who deliver training within tribunals and courses in adjudicative skills.

We publish a Tribunals Training Handbook for those members of the judiciary who undertake training and facilitation for tribunals.

This relates to the JSB’s Strategic Priorities 1 and 2 (from page 11).

3.8 Analysing training needs Training needs are regularly analysed as part of the core business of the JSB. Course directors are responsible for developing and reviewing courses and other materials on a regular basis. The JSB’s committees include representatives from major stakeholder organisations. The Secretariat also maintains relationships with organisations whose policies and procedures can give rise to training needs. In the last strategic period, such reviews were conducted of the magistracy (through the MNTI 2 project), tribunals, DJ (MC)s, and of the IT skills of the full-time and part-time judiciary.

The JSB has developed a competence-based framework for training in tribunals, supported by appraisal and mentoring. This follows a national training needs analysis completed in 1999 which included wide consultation with tribunals.

The JSB is developing a process for the systematic evaluation of the provision of training in tribunals to ensure that it is being delivered in accordance with national standards. This process will enable the JSB to increase its role as a source of advice and guidance and to identify and promote good practice.

In this strategic period we are planning a major review of the training needs of the professional judiciary and an in depth analysis of the judicial release time required for this. This comprises the JSB’s Strategic Priority 2 (page13).

3.9 Distance learning Elements of continuing professional education are met through the production of materials available for self-study. These include occasional papers, training CD-ROMs, workbooks and publications including the JSB’s Newsletter and Tribunals Journal. The JSB also oversees a conferencing system for the professional judiciary known as Felix, and maintains public and private training websites. These will be upgraded as the JSB implements its full distance learning strategy. This comprises the JSB’s Strategic Priority 3 (page 14).

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3.10 Information and Communications Technology (ICT) Strategy

The JSB’s ICT strategy sets out our approach to meeting identified judicial training needs in a timely and innovative way, harnessing new technology and methods as appropriate; and to delivering an e-business strategy to add to the tools available for identifying and meeting training and knowledge management needs of the judiciary, magistracy and tribunals.

The JSB’s strategic aims in relation to information technology (IT) are to:

Progressively raise the level of IT expertise among judicial officers.

Complement the JSB’s face-to-face training by expanding its range of distance learning materials, both in written and electronic form.

Produce a range of technology-based training products for judges to complement its programme of courses and seminars.

Evaluate, systematise and consolidate the provision of IT training for judicial office-holders into the mainstream programme of the JSB.

Continually review and update the technology-based training tools used to support our core courses and distance learning.

We expect a second major overhaul of our technology strategy in 2007/08 based on an evaluation during 2006/07 of how effectively we are meeting the needs of the judiciary in the tribunals and magistrates sectors in light of our expanded role.

This comprises the JSB’s Strategic Priority 5 (page 15).

3.11 PublicationsThe JSB produces a series of bench books, a newsletter and a journal, entitled Tribunals.

Bench books consist of a digest of essential information to which judges need access in order to perform their judicial functions effectively. These are an essential component of the JSB’s provision of induction and continuing professional education.

The JSB currently publishes Crown Court, Civil, Family, District Judges (Magistrates’ Courts), Information Technology and Equal Treatment Bench Books. The Equal Treatment Bench Book is also produced in CD ROM format. The Crown Court Bench Book contains standard directions to the jury (Specimen Directions) for use by judges in the Crown Court. For magistrates, the JSB produces bench books for the Adult Court, Youth Court and, new for this strategic period, the Family Proceedings Court.

Bench books are freely available on the JSB’s website: www.jsboard.co.uk.

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Over the next three years, the JSB will systematise editorial processes, ensuring that bench books conform to general principles, are reviewed at six monthly intervals and are updated as necessary.

The Newsletter was first published in July 2004 and replaces the JSB Journal. It is published twice a year and is distributed to the judiciary and those with a responsibility for training judicial office-holders within magistrates’ courts and tribunals.

The Tribunals journal is published twice a year and distributed free of charge to 7,000 chairmen and members of tribunals.

3.12 Equal Treatment Advisory Committee (ETAC)The role of ETAC is to provide training and supporting materials and advise the JSB Board and committees on the ways in which judges and magistrates can be assisted in addressing equal treatment and diversity issues. ETAC also assists in reviewing the content of the JSB seminars and maintains and updates the Equal Treatment Bench Book.

ETAC meets four times a year to review its working methods and work programme and their relevance and effectiveness in achieving its aims. ETAC is currently revising its structure and organisation and will be looking to develop a new long-term fair treatment training strategy by mid 2005. Members of ETAC act as consultants to course directors on all JSB seminars and have at least one representative on all of the JSB committees, including the Board.

3.13 International programmePart of the work of the JSB lies in its relations with other jurisdictions. This takes several forms. Links with other training organisations to encourage participation in the development of common approaches where appropriate. Exchange visits to and from the JSB to gain greater insight into matters of mutual concern, to discuss training issues and exchange good practice. It also includes inviting judges from foreign jurisdictions to participate in and observe JSB training events.

The JSB is a member of a range of supra-national and international networks. The Director of Studies meets regularly with the Judicial Studies Committee of Scotland and the Judicial Studies Board of Northern Ireland as the UK Judicial Council. Regular meetings are held to discuss issues of common concern, and judges from each jurisdiction attend training events run by the others from time to time.

The JSB is an active participant in the European Judicial Training Network, which exists to promote co-operation between the judicial training colleges in the Member States of the European Union.

The JSB is asked to provide advice and assistance in providing training or in and developing training strategies. We assess these requests on a case by case basis,

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reviewing available resources. Priority is usually given to working with Commonwealth countries, common law jurisdictions, applicant and new EU Members states and emerging democracies.

3.14 Special events The JSB holds both regular and bespoke training to meet change and modernisation needs. At the time of press, events known for the forthcoming period include Children and Adoption Act Roadshows, Criminal Justice Reforms Training and Ancillary Relief Seminars. The JSB’s Strategic Priority 4 (page 14) describes our aim to improve our capacity to respond to such training demands.

3.14.1 Annual Lecture

The aim of the Annual Lecture is to maintain and foster new contacts within the justice system in England and Wales by providing a forum for discussion and debate on wider judicial issues.

3.14.2 Interdisciplinary Conference

The JSB participates biannually in an Interdisciplinary Conference run jointly with the Department of Health (DH). It creates significant benefits for the DH in promoting awareness of its new initiatives. The JSB expects to participate in Interdisciplinary Seminars in September 2006 and 2008.

4 Strategic prioritiesThe JSB has identified eight strategic priorities for this three-year cycle:

4.1 Strategic Priority 1Assume direct responsibility for the training of the magistracyA key challenge for the next three years will be the assumption of direct responsibility for magistrates’ training in England and Wales and the implementation of the ‘Strengthened Role’ arrangements agreed by the Lord Chancellor after extensive consultation within the magisterial community and interested organisations. The main elements of our strategy to achieve this include:

4.1.1 Curriculum development and support for the local delivery of magistrates’ training

The JSB will continue, through the operation of the second stage of the Magistrates’ National Training Initiative (MNTI 2), to set the syllabus for magistrates’ training in all core areas of a magistrates activity. We will provide material to support training for

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compulsory courses supplemented by material for other training courses, such as continuation, consolidation, appraisal and mentor training. Briefing sessions and training events will also be provided to introduce magistrate trainers to the JSB training materials and to enable the materials to be used effectively. In addition, the JSB will establish a trainers’ network for the exchange of information, for mutual support, for the provision of feedback to the JSB and for the development of national and local material, and a system for the validation of locally produced training material.

4.1.2 Governance

In order to increase the representation of magistrates and their legal advisers on the JSB’s Magisterial Committee, the Magistrates’ Association and Justices’ Clerks Society will be invited to nominate a representative to become Magisterial Committee members. In addition, HM Courts Service will be invited to nominate an Area Director to attend JSB Magisterial Committee meetings. Magistrates, justices’ clerks, legal advisers and other appropriate magistrates’ courts staff will be invited to be members of all project boards, working parties and editorial boards set up to review the JSB’s training policy and practice and to develop guidance and materials for magistrates.

4.1.3 Training the trainers in delivery and accreditation in training techniques

Justices’ clerks and legal advisers with responsibility for training magistrates require the necessary trainer skills to do so. To ensure this, the JSB will set up a project to identify the skills needed by magistrate trainers and identify an appropriate course and accreditation process for magistrate trainers to undertake.

4.1.4 Facilitating local training delivery

The JSB will support Magistrates’ Area Training Committees (MATC) and Bench Training and Development Committees (BTDCs) through the provision of advice, written guidance, training workshops for newly elected BTDC Chairmen and the provision of training material and training for trainers to develop BTDC members.

4.1.5 Monitoring and evaluating local training delivery

The JSB will strengthen its capacity to monitor and evaluate the training provided for magistrates at Her Majesty’s Court Service (HMCS) Area level. A Magistrates’ Training Monitoring and Evaluation team will be set up. That team will develop the JSB’s monitoring and evaluation strategy along with the systems MATCs will use to assess the training delivered as part of their area training plan. The JSB will conduct area training audits and national thematic audits. In developing the strategy and audit systems, the JSB has developed an alliance with the Adult Learning Inspectorate (ALI) to learn from their experience and to develop our in-house skill and capacity.

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4.1.6 Budgeting for local training provision

The JSB will develop a Protocol (Memorandum of Understanding) with HMCS to ensure sufficient resources are provided to support magistrates’ training at HMCS Area level.

4.1.7 Investment in technology and equipment

As part of the JSB’s Information and Communications Technology (ICT) Strategy, we plan to make a website available to magistrates’ trainers and the lay magistracy to distribute training materials via electronic means. The website will exist as a national training resource library that will exist solely in electronic form.

In addition, we will expand the existing public website to become an information resource for magistrates via the JSB’s public website. This may include some elements of distance learning.

4.2 Strategic Priority 2Improve standards and extend the integration of diversity issues into the design, delivery and evaluation of training delivered by or on behalf of the JSBThe two cross-JSB committees, the Training Committee and ETAC have formulated extensive programmes of work aimed at increasing the quality and professionalism of the JSB’s training.

Under the guidance and direction of the Director of Studies the Training Committee will:

Establish a robust continuing professional education programme for JSB trainers.

Prepare and publish a Judicial Training Handbook.

Conduct a training needs analysis of the professional judiciary.

Review course and training evaluation techniques.

Develop, maintain and deliver a communications strategy.

Develop and implement a clear e-business strategy, including investment in training technology.

Oversee JSB participation in Welsh Language Act training.

The Equal Treatment Advisory Committee will:

Provide training and supporting materials that enable the judiciary to: Perform their judicial functions in a manner that is fair and free from bias or

discrimination.

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Identify their own prejudices and preconceptions and how these can affect their decision-making and interpersonal relationships;

Acquire the relevant knowledge about race, culture, religion, gender, disability and sexual orientation and other diversity issues.

Advise the Board and other JSB Committees on the ways in which the judiciary can be assisted in addressing equality, diversity and fair treatment issues.

Assist in reviewing and keeping under review the content of the JSB seminars to ensure they reflect the aims and objectives of ETAC.

Maintain and update the Equal Treatment Bench Book.

4.3 Strategic Priority 3Improve access for the judiciary to education through the development and delivery of an effective distance learning strategy We strive to provide the wherewithal for judges to keep abreast of changes to legislation and procedure, to enable the judiciary to extend their own self development whilst maintain training at a proportionate level. To achieve that balance, the JSB needs to ensure that training is properly targeted and that we use the full range of training methods, including distance learning as well as face-to-face training, harnessing the power of information and communications technology.

Our aim is to achieve such a 'blended learning' approach. Alongside the training needs analysis referred to in Strategic Priority 2, the JSB will assess information needs, forms of delivery, audience requirements and options for IT-enabled distance learning, to determine how distance learning can most effectively support a blended learning strategy.

4.4 Strategic Priority 4Improve our ability to respond to major change initiativesTo improve our ability to respond to change, the JSB will implement new work and information management systems and develop project management skills within the Secretariat. In addition, we have made an investment in the policy support and the JSB’s core technological capability in order to support our committees and their work programmes.

The JSB continues to focus on maintaining successful relations with our stakeholder communities. This includes developing and maintaining appropriate liaison mechanisms and establishing planning protocols following constitutional reforms and the creation of the new unified tribunals system.

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4.5 Strategic Priority 5Deliver the JSB’s Information and Communication Technology (ICT) Strategy ICT is a crucial tool in helping the JSB deliver its current remit and future aspirations. The whole training cycle, from analysis through planning and delivery to evaluation, can all be enhanced by the proper use of carefully selected ICT.

ICT has an increasingly important role to play in the delivery of training, in communicating with an expanded and geographically diverse client base, and in supporting the JSB’s aspiration to increase access to training and the professionalism of training though its distance learning strategies and through investment in training technologies.

Key elements of the strategy over this strategic period will include:

Training for part-time judges (to support the LINK, Judicial Portal and Legal Information On-line programmes and the IT-driven case management elements of the criminal justice reforms).

Continuing review of the IT competence framework for the professional judiciary.

Development of multi-media elements of a distance learning strategy.

Development of the JSB’s websites.

Evaluation of both public and training websites .

Training/information needs analyses (TNAs) of judges, magistrates/legal advisers and tribunals.

Review and revision of the web-user requirements and development of JSB websites a) to meet the needs identified in the TNAs in relation to training and knowledge management and b) to ensure that the functionality exists to keep the JSB abreast of changes in technology.

The JSB will be reviewing its in-house capacity to support blended learning strategies for the judiciary, magistracy and tribunals.

4.6 Strategic Priority 6Respond to the changing needs of the tribunals sector and support the new unified tribunals systemIn order to respond to the changing needs of the tribunals sector and support the new unified tribunals system, the JSB will:

Develop a strategy for the systematic evaluation of judicial training provision in the tribunals sector against agreed standards.

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Provide guidance, support, resources and training in response to the recommendations of the Administrative Justice White Paper, in support of the long-term aim to unify the tribunals system.

Work with partners including the Council on Tribunals.

4.7 Strategic Priority 7Respond to changes in the constitutional and administrative frameworkA priority for the JSB will be to build effective links with those newly responsible for the management of judicial appointments, judicial policy, the Head of the Judiciary and the new courts and tribunals administrations.

This strategic period will see the launch of the new unified Her Majesty’s Courts Service (HMCS), preparation for the creation of a unified Tribunals Service and sweeping constitutional reforms, including the separation of the powers of the Secretary of State and the Head of the Judiciary and the creation of an independent Judicial Appointments Commission (JAC).

Specific projects will include:

Reviewing the JSB’s own constitution and its Memorandum of Understanding with the DCA.

Considering and reviewing the membership of the JSB Board and committees.

Agreeing a protocol for financial management and planning with HMCS.

Establishing effective communication routes with the newly established Judicial Appointments Commission, the Lord Chief Justice and his senior judicial and administrative teams and the Senior President of Tribunals.

4.8 Strategic Priority 8Professional development of justices’ clerks and legal advisers in the magistrates’ courtsThe JSB has received an early indication from the DCA that it will be asked to assume responsibility for the professional development and training of justices’ clerks and legal advisers.

The JSB’s assumption of this responsibility will take place over the full three-year strategic cycle. The JSB will work with Her Majesty’s Courts Service and the Justices’ Clerks’ Society to:

Undertake a full review of professional training and development for justices’ clerks and legal advisers (2005-6).

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Develop a national strategy for the induction and continuing professional development of justices’ clerks and legal advisers (2005-6).

Implement new systems to provide professional training and development for justices’ clerks and legal advisers (2007-8).

5 Strategic riskThis section identifies the external pressures and drivers that may affect the JSB’s strategic plan and sets out our risk management strategy.

5.1 Changes in training needs

5.1.1 New appointees

The training needs of new appointees may change if there are significant changes in judicial appointments policy affecting either the recruitment numbers, level of skill, experience and knowledge of appointees or normal judicial ‘career’ paths. The needs of new appointees will also be affected by changes in the range of duties expected of the newly appointed judicial officer.

5.1.2 An increased client base

Exceptionally, in this period the JSB faces a quantum leap in responsibilities as it takes on statutory responsibility for delivery of magistrates’ training and, incrementally, for the professional development of their legal advisers and justices’ clerks. The magistracy alone is roughly 5.5 times the size of the professional judiciary. In addition, the JSB will be taking on an increased role in tribunals training. An increase of this level means the JSB must develop new ways of working. We will address changes to our governance structures, create new ways of developing and delivering training materials, quality assurance, monitoring and evaluation, and develop relationships with new external stakeholders.

5.2 Constitutional and organisational change Training in the elements of management skills and leadership relevant to the judiciary was introduced as a new element in the JSB’s portfolio in the last financial year. As the constitutional reforms unfold, as HMCS beds down and as the new unified tribunals system is created, we can expect new roles and relationships within the judicial family requiring different types and levels of support from the JSB.

In addition, we need to respond to the changes in training needs arising from the strengthened case management protocols in family and criminal jurisdictions.

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5.3 Technology changesThe use of new technology in the courts and in the wider justice system, as well as changes in the IT capabilities and access to ICT of the judiciary will affect not only the training and support which we supply in technology related skills, but also the range of media, training tools and methods of training delivery available to us.

Historical analysis shows that the pace of legislative change is increasing by around 30% per year; case law by 45% and absorbing this will be a significant challenge. Issues include the amount of judicial release time granted to judges to spend time on training, which is addressed through the JSB’s Distance Learning Strategy.

External stakeholders may as part of their own IT development strategies fail to incorporate the functional capability to support the JSB’s technology requirements. This risk is managed through identifying and feeding into our stakeholders’ key technology programmes.

5.4 Increase in judicial appointmentsOur strategy and spending plans are constructed around forecasts and assumptions about the size and level of recruitment of the judiciary based on advice from the Department for Constitutional Affairs. In this three-year period, our assumptions are: the number of magistrates will rise from 28,500 to 30,000, due to the Magistrates National Recruitment Strategy, in 2005; there may not be an increase in the number of tribunal judicial office-holders, currently around 15,000; and the number of judges will remain constant at around 5,150. However, we recognise that this is a time of particular change, with the anticipated creation of an independent Judicial Appointments Commission and the creation of a unified tribunals system on the horizon. If actual numbers differ from these assumptions, we will need to adjust our plans accordingly.

5.5 Judicial release timeThe training needs analysis may demonstrate a need for judicial release time in excess of that presently granted. The time which judicial office-holders can spend on training of any description is not infinite. A day in training is a day out of court for a professional judge. Magistrates are volunteers and we cannot make unreasonable demands upon their time. Even if the JSB has the capacity and the funding to deliver training, we may be constrained by the amount of time judges are permitted to spend on training activities.

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5.6 Financial riskLevels of funding are subject to review by the Department for Constitutional Affairs annually. This strategy is based on anticipated levels of funding for the three-year period which are not guaranteed and may be subject to change.

Delivery of magistrates’ training is resourced at a local level, so delivery of the JSB’s strategy depends upon funding and other resources being made available by Her Majesty’s Courts Service (HMCS).

Our ability to deliver training change and modernisation initiatives depends upon funding being supplied by the organisations initiating such change.

6 Risk management

6.1 Maintaining effective stakeholder relationships In order to help mutual identification and planning of training to support change, representatives from government departments that initiate change sit on JSB committees. For example, resource-holders including the Home Office, Department for Constitutional Affairs and Her Majesty’s Court Service are represented on the JSB Board. Delivery partners such as the Magistrates’ Association and the Justices’ Clerks’ Society are represented on the Magisterial Committee and the Council on Tribunals on the Tribunals Committee.

To manage risk, JSB committees and the secretariat maintain effective stakeholder relationships. This includes liaison within jurisdictions, for example, with the Senior Presiding Judge and the President of Family Division and the Senior President of Tribunals. The JSB secretariat maintains contact at an official level with stakeholder organisations including Legal and Judicial Services Group. The JSB also uses working groups and consultation to maintain relationships.

The JSB’s Strategic Priority 7, the ability to respond to changes in the constitutional framework by building effective links, encompasses a priority for external risk management.

6.2 Horizon scanningExternal risks are managed by monitoring the environment for changes, in particular relating to technological shifts, new legislation, and administrative changes.

At strategic level, this includes a tri-partite JSB/DCA/Home Office forward planning group, which comprises senior officials from all three organisations who are well placed to consider the impact of major legislative change on judicial training. The Civil and Criminal Committee include in their membership representatives of the Law Commission. The JSB’s relationship with the Council on Tribunals, Magistrates’

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Association and Justices’ Clerks Society also assists us to monitor forthcoming changes.

At operational level, each committee is asking policy groups in DCA to provide an indication of the forward programmes of the Criminal, Civil and Family Procedural Rules Committees. The JSB has also appointed an academic member to relevant committees for their expertise and knowledge of both the substantive and academic study of the law.

6.3 Agreements and protocolsThe JSB is an independent body, which means the relationship with the DCA as a sponsoring department must be expressed formally in a Memorandum of Understanding (MoU). The MoU sets out the respective duties and responsibilities of the JSB and DCA including the management of governance and resource issues.

As part of the preparation for the JSB to assume its strengthened role for magistrates’ training, it is in the process of agreeing a Protocol with Her Majesty’s Court Service (HMCS). The purpose of the Protocol is to provide a clear structure for the operational management of judicial training in the unified courts administration from November 2005.

Subject to parliamentary approval, a new independent Judicial Appointments Commission (JAC) will be established in line with the DCA Strategy. The JSB will need to consider whether to establish a Protocol or Memorandum of Understanding to define the respective duties and responsibilities of the JSB and JAC.

The Administrative Justice White Paper contains proposals for an Administrative Judicial Council to take the place of the Council on Tribunals. The JSB will need to consider whether to establish a Memorandum of Understanding with the new Council and whether more formal links to the DCA and new Tribunal Service are also required in light of the JSB’s new role in respect to tribunals.

6.4 Work management systemsThe JSB is implementing a new information and work management system that will assist the committees and the Secretariat to identify and mitigate risks early. Our operational risk management procedures involve staff in identifying, assessing and responding to the risks that impact the achievement of their objectives.

Risk registers are maintained by the Secretariat. The most significant risks are included in a corporate risk register which the DCA Corporate Board reviews every quarter.

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