Taking the chair workbook - cicsplex.co.uk

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TAKING THE CHAIR IN THE MAGISTRATES’ COURT

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June 2010

Taking the chair workbook

Judicial Studies Board 1 June 2010

Contents Introduction .............................................................................................................. 3

Objectives............................................................................................................... 3 How to use this workbook....................................................................................... 4

Identifying someone to support your learning ..................................................... 5 Chairman, chair, chairperson? ............................................................................ 5

Chapter 1 – The Chairman’s role ............................................................................ 7 Objectives............................................................................................................... 7

The challenge of being chairman ........................................................................ 7 Identifying the chairman’s tasks .......................................................................... 9 Question 1.1...................................................................................................... 10 The chairman’s tasks ........................................................................................ 11 The chairman’s skills, knowledge and qualities................................................. 14 Question 1.2...................................................................................................... 14 Activity 1.1......................................................................................................... 15 Review .............................................................................................................. 18

Chapter 2 – Communication skills........................................................................ 19 Objectives............................................................................................................. 19

Using your communication skills ....................................................................... 20 Asking effective questions................................................................................. 20 Activity 2.1......................................................................................................... 20 Activity 2.2......................................................................................................... 25 Non-verbal behaviour in communication ........................................................... 26 Why is body language important for the court chairman? ................................. 27 ‘Reading’ other people’s body language ........................................................... 28 Demonstrating dignity and respect.................................................................... 28 Activity 2.3......................................................................................................... 31 Listening attentively........................................................................................... 32 Question 2.1...................................................................................................... 33 Overcoming the barriers to listening.................................................................. 35 How do others see you? ................................................................................... 36 Activity 2.4......................................................................................................... 39 Review .............................................................................................................. 40 Suggested further reading................................................................................. 40

Chapter 3 – Working with your legal adviser....................................................... 42 Objectives............................................................................................................. 42

Magistrates and their legal advisers: good working relationships?................... 42 The role of the legal adviser.............................................................................. 43 The legal adviser in the courtroom and retiring room........................................ 43 Additional legal adviser activities....................................................................... 45 Activity 3.1......................................................................................................... 46 What can go wrong? ......................................................................................... 47 Establishing an effective and successful working relationship .......................... 47 Activity 3.2......................................................................................................... 50



Review .............................................................................................................. 51

Chapter 4 – The chairman in court ....................................................................... 52 Objectives............................................................................................................. 52

Speaking in court .............................................................................................. 53 Preparation: deciding what you are going to say ............................................. 53 Activity 4.1......................................................................................................... 54 Activity 4.2......................................................................................................... 55 Delivering the pronouncement .......................................................................... 57 Activity............................................................................................................... 62 Controlling the court .......................................................................................... 63 Stay calm .......................................................................................................... 63 Use silence ....................................................................................................... 63 Avoid argument ................................................................................................. 64 Focus on behaviour, not the person.................................................................. 64 Activity 4.3......................................................................................................... 66 Serious misconduct........................................................................................... 67 Activity 4.4......................................................................................................... 69 Managing the throughput of court cases ........................................................... 71 Question 4.1...................................................................................................... 72 Activity 4.5......................................................................................................... 74 Review .............................................................................................................. 74

Chapter 5 – Working with your wingers ............................................................... 76 Objectives............................................................................................................. 76

Learning from experience….............................................................................. 77 Question 5.1...................................................................................................... 77 How can the winger contribute?........................................................................ 81 Question 5.2...................................................................................................... 82 Activity 5.1......................................................................................................... 84 Working together to make a decision ................................................................ 85 Activity 5.2......................................................................................................... 86 Question 5.3...................................................................................................... 87 Activity 5.3......................................................................................................... 90 Structured decision-making............................................................................... 91 Question 5.4...................................................................................................... 92 Starting the discussion ...................................................................................... 95 An example of structured decision-making ....................................................... 96 Question 5.5...................................................................................................... 97 Question 5.6.................................................................................................... 100 Activity 5.4....................................................................................................... 102 Review ............................................................................................................ 102 Summary......................................................................................................... 103



Introduction

Welcome to Taking the Chair in the Magistrates’ Court – a workbook for any

magistrate aiming to become a competent chairman.

What is the purpose of this workbook?

The aim is to help you prepare for chairmanship training by enabling you to think

about the skills you’ll need to build upon and develop to become a competent

chairman in the magistrates’ court.

The skills a chairman or woman requires are not unique to the magistrates’ court –

indeed, you may already use some or all of them in different areas of your life. This

workbook will encourage you to reflect on your experience of the court and think in a

structured way about how you can prepare for chairmanship. It also suggests ways

you can try out your ideas in practice.

Objectives

By the time you have completed this workbook, you’ll be able to:

• Describe the role of the chairman in the magistrates’ Court

• Identify a number of key tasks of the chairman

• Outline the range of communication skills chairmen need

• Consider the relationship between the chairman and the legal adviser

• Explain the importance and benefits of using a structured approach to

decision-making



• Identify the skills you need to use to manage the business of the court

• Apply the Adult Court Competence Framework for Chairman to your

observations of existing chairman.

How to use this workbook

This workbook is designed for magistrates who are considering undertaking

chairmanship training. It does not replace formal chairmanship training. You can

use it independently to help you decide whether you wish to be a chairman and, if

you do, to prepare you for the training you’ll receive.

Everyone learns from experience. In your time as a magistrate, you have already

developed some knowledge of court chairmanship. Your sittings have enabled you

to observe a number of different styles and approaches to chairmanship. This

workbook will help you get the most from those experiences. It contains:

• Questions for you to think about, together with Commentaries – our answers

to the questions – which are often based on comments made by other

magistrates, so that you can compare them to your own

• Activities: things you might reflect on while in court or that will encourage you

to put some of your learning into practice.

Health warning! This workbook concentrates on introducing the skills you’ll need to

be effective as a chairman rather than on knowledge of law and procedure. It covers

the generic knowledge, skill and behaviour all competent chairmen are able to

demonstrate.

Please bear in mind that each chapter is simply an introduction to each issue. We

hope they offer enough insight for an experienced magistrate such as you to reflect

and learn.



How long will it take?

We expect most people will take six to eight hours to go right through the workbook

and complete the activities – but not at one sitting! Work at any time and place that

suits you. Most important: allow yourself plenty of time to reflect on what you read

and what happens in practice.

In using the workbook, we recommend that you tackle Chapter 1 first, because this

offers an overview of the chairman’s tasks, skills and qualities. You could then

approach the other chapters in any order you choose.

Identifying someone to support your learning

Like many adult learners working through distance learning materials, you may find it

helpful to identify someone who is prepared to share their experience and discuss

your responses to the workbook. Such a person may have different ways of looking

at the same issues; they may also be able to point you in the direction of different

sources of help, such as reading material and specialists.

A suitable person may be a member of staff or chairman who can focus on the task

in hand, but will allow you the time to express your view. He or she should be non-

judgmental: someone you respect and with whom you feel comfortable, who will

help you build and develop your thinking.

In each chapter you’ll find suggested activities to develop your understanding. The

answers we offer you are all valid – but clearly are not exhaustive. For this reason, if

you find your answer is not covered or is significantly different from ours, we

recommend you discuss the exercise with your mentor or supporter.

Chairman, chair, chairperson?

Whether the role-holder is male or female – and around 50% of chairmen are indeed

women – it is common usage to refer to the person chairing court sessions as the

chairman. After considering other terms – chairperson and chair being leading



contenders – we decided to adopt a dynamic workbook title but other wise stick with

accepted usage. (This is despite deriving some entertainment from the possibilities

inherent in such terms as ‘chairing the bench’ and ‘the chair of the bench’.)

We sincerely hope that you will find studying this workbook on Taking the Chair a

stimulating and rewarding experience.



Chapter 1 – The Chairman’s role

In this first section, we take a broad view of what a good court chairman does and

the knowledge and skills he or she needs.

We will ask you reflect on your own experience and compare your ideas with ours.

Then, in later chapters, we’ll look more closely at some of these tasks, skills and

qualities.

Objectives

This chapter will enable you to:

• Describe the range of the chairman’s tasks and responsibilities

• Identify the key qualities and skills of a good chairman

• Reflect on your own skills and qualities in terms of your strengths and areas

you wish to develop in some way

The challenge of being chairman

While preparing this workbook, we spoke to a number of recently appointed

chairmen. These three quotations are typical of what many said.

‘I have found taking the chair very demanding, there are so many things to

keep aware of.’

‘I felt pretty comfortable sitting on the wing, but when I came to sit in the

middle I realised – as far as the people in court were concerned – it was down

to me. It was pretty nerve-racking at first.’

‘I enjoy the responsibility and challenge of taking the chair – but it’s not easy

and I know sometimes I could do things better.’



Legal advisers also have their views about chairmen: how they would like to work

with them – and what can go wrong…

‘When it works well it is like a well oiled machine…having a chairman who is

confident and knows what he or she is doing makes all the difference.’

‘One of the irritating things is when, with a bit of preparation, the chairman

could save me and the court some time; for example asking, case after case,

what the date will be in three weeks time.’

‘Sometimes a chairman is just not on the ball. I have to intervene discreetly to

save the chairman’s face and make sure the proper process is followed.’

These quotes make it clear that the chairman’s role is demanding and essential to

the court’s successful functioning. As chairman, you’ll be the focal figure in the day’s

court business. You’ll take the lead in the courtroom and make sure that

proceedings are conducted smoothly, efficiently and in a judicial manner.

The chairman is also the key in presenting the public face of the magistrates’ court.

For many people in court on any particular day – defendants, witnesses and court

observers – this may be their only experience of the legal system. How you come

across will affect their understanding and judgement of the fairness and

effectiveness of British justice.

As well as this very public role, the chairman has another, less visible one of

managing the retiring room discussion and making sure that decision-making is

structured, reasoned and fair: not least so that you can prepare the reasons you will

give in court.

In law, the chairman’s authority is no greater than that of any other magistrate in the

courtroom. When making the judicial decision, your opinion counts for no more than

any other opinion. The chairman is simply primus inter pares (first among equals).

However, in the retiring room it is your role to identify the decision to make and the



key issues to address, keep the discussion focused and ensure everyone

participates and is heard.

Identifying the chairman’s tasks

Fulfilling the role of chairman entails many tasks and responsibilities. Let’s start with

some of the basics. You have now had several years on the bench, so we would like

you to use that experience to think about everything a chairman has to do on the day

of a sitting.

In the space below, note down as many of a chairman’s tasks as you can – pre-

court, in court, in the retiring room and after the sitting. If you can’t think of much

right now, you might like to give it some thought at your next sitting.



Question 1.1

In the space below, note down as many of a chairman’s tasks as you can – pre-

court, in court, in the retiring room and after the sitting. If you can’t think of much

right now, you might like to give it some thought at your next sitting.

Pre-court

In court

In the retiring room

After the sitting



Commentary

We think the list below covers most of the tasks a chairman will undertake during a

sitting. You may have thought of different ones or even more – so the least we can

agree is that the chairman has a great deal to do!

To give you a better idea of how this chapter relates to the rest, we note special links

with later sections.

We have also noted the Competence 4 performance criteria references that relate to

each task. You may want to look at the list in conjunction with a copy of the

Competence Framework.

The chairman’s tasks

Pre-court

• Consult with the legal adviser over the day’s list (for more on this see Chapter

3: Working with your legal adviser) 4.1a

• Gather key facts – adjournment dates, names of prosecutor etc. 4.1a

• Agree with your legal adviser your respective speaking roles in court (for more

on this see Chapter 3: Working with your legal adviser) 4.1b

• Check the court list for potential difficulties, such as media interest, family ties

4.1a

• Check the court list for unusual names you may have difficulty pronouncing

correctly 4.2c

• Ask if anyone attending today may have special needs and find out if and how

these needs can be met (e.g. an interpreter) 4.1a



• Consult with colleagues to agree roles, check for prior knowledge of a

defendant that may have implications for his/her rights to a fair trial etc (for

more on this see Chapter 5: Working with your wingers) 4.3a/4.1a

In court

• Visibly consult with colleagues (for more on this see Chapter 5: Working with

your wingers) 4.3b

• Ask questions of the legal adviser, defendant, advocate, witnesses etc on

behalf of the bench (for more on this see Chapter 3: Working with your legal

adviser) 4.2a/4.2b

• Use case management techniques to ensure cases proceed (for more on this

see Chapter 4: The chairman in court) 4.2b

• Announce the bench’s decision (for more on this see Chapter 4: The

chairman in court) 4.2c

• Control conduct within the court (for more on this see Chapter 4: The

chairman in court) 4.2d

• Provide a lead for the conduct and image of the bench (for more on this see

Chapter 4: The chairman in court) 4.2b

• Ensure everyone appearing before the court is treated with respect (for more

on this see Chapter 2: Communication skills and Chapter 4: The chairman in

court) 4.2d

• Identify those appearing before the court with special needs and make sure,

where appropriate, these needs are met. For example: letting a frail or

elderly person sit down in the witness box, speaking clearly to (but not



shouting at) a person with a hearing disability, making sure the correct holy

book and terms of address are used for someone from a minority ethnic

background, using simple language for a defendant with learning difficulties,

etc 4.2b/4.2c

In the retiring room

• Lead the discussion, identifying the issues and following the structured

decision-making process (for more on this see Chapter 5: Working with your

wingers) 4.3b

• Make sure the discussion remains focused and is businesslike and that all

views are considered (for more on this see Chapter 2: Communication skills)

4.3b

• Involve the legal adviser where appropriate (for more on this see Chapter 3:

Working with your legal adviser) 4.3c

• Agree the decision and the reasons for your decision and prepare the

pronouncement you will make in court – including an explanation of the

reasons for your decision (for more on this see Chapter 4: The chairman in

court) 4.3c

Post sitting

• Discuss your performance and that of the bench with your wingers and your

legal advisers – what can you learn? 4.1c/4.3d

• Ensure that any necessary paperwork is completed 4.3c

Quite a list! And, as we will see next, all these tasks require a range of skills and

qualities.



The chairman’s skills, knowledge and qualities

So far, we have noted many of the things a chairman needs to do. We have also

stressed the chairman’s double role: in the court and the retiring room. And in fact –

as you will have seen many times, the chairman’s behaviour in the courtroom is very

different from the way he or she behaves in the retiring room.

In the courtroom the chairman needs to take a lead and be directive, controlling the

court and its proceedings on behalf of the bench. He or she acts as spokesperson

for the bench as a whole.

In contrast, in the retiring room the chairman’s role is a less directive one. The

emphasis is now on facilitating discussion and decision-making, ensuring that

everyone participates fully.

Question 1.2

Given these different behaviours and the range of tasks we have identified for the

chairman to perform, what knowledge, skills and qualities do you think you’ll need to

be effective in the chair? Note down any ideas (commentary on page 14).



Activity 1.1

This would be a good time to spend a few moments thinking about the questions

below. Use the page to make notes as you wish.

• Given the tasks we have listed, which ones do you think you’ll find easiest to

take on – and which, if any, will challenge you?

• In terms of the necessary skills, qualities and knowledge, which are your

strengths? Which areas will you find most challenging?

Don’t undervalue your own skills and experience! If in doubt, think what another

magistrate or close friend would say about your strengths. You might even like to

ask them.



Commentary

It’s not exhaustive, but below is our list of the skills, knowledge and qualities of a

good chairman. Again, the relevant performance criteria are referenced.

Knowledge

The law and procedure that applies to the magistrates’ court (4.1a/4.4b)

The special needs of some court users (4.2b)

The range of holy books and naming systems of people with cultural backgrounds

different from your own (4.2b)

When to take advice (4.1b)

Skills and qualities

Listen (4.2b/4.3b)

Be observant and aware of what is going on in the courtroom (4.2b/4.2d)

Deal with the unexpected appropriately (4.2d)

Assimilate information quickly (4.1a/4.3b)

Formulate appropriate questions (4.2a/4.2b/4.3b)

Speak clearly and with authority (4.2c)

Conduct yourself with dignity (4.2d)

Encourage wingers to prompt you and ask questions through you (4.3a)



Work with colleagues (4.1a-c/4.3a-d)

Identify the:

key issues in an argument

key elements of a case

decision to be made (4.3b)

Speak for the bench (4.2c)

In the retiring room:

encourage everyone to participate in the decision-making (4.3b)

summarise and paraphrase what has been said (4.3b)

manage any conflict which may arise (4.3b)

ensure agreement has been reached (e.g. about the decision, the reasons and the

pronouncement) (4.3c)

open and focus the decision-making discussion within the structured framework

(4.3b)

Be prepared to solicit and act on feedback from colleagues in order to improve (4.3d)



Review

In this chapter we’ve gone back to basics and given you an opportunity to think

about what court chairmen do, their role and tasks and the knowledge, skills and

qualities they need to perform their role well.

You should now be in a better position to:

• Describe the range of the chairman’s tasks and responsibilities

• Identify the key qualities and skills of a good chairman and recognise how

these demonstrate competence

• Reflect on your own skills and qualities in terms of your strengths and areas

you wish to develop in some way

As we hope the last activity showed, you already have many of these skills and

qualities, as well as at least some of the knowledge! The challenge for you is to

develop and adapt these for use in the very special and unique task of chairing

hearings in the magistrates’ court.

The following chapters will look more closely at these tasks and skills.



Chapter 2 – Communication skills

In this chapter, we focus on listening, asking questions and using non-verbal

behaviour. We’ll cover the particular skill of delivering a pronouncement in Chapter

4: The chairman in court.

Listening and asking questions are things that we all do as part of our ordinary life.

In this chapter, we ask you to become more aware of what you know and do in order

to develop these skills and use them more consistently.

If you have received training on these topics before, perhaps this is a good

opportunity to refresh your understanding in the context of your interest in taking the

chair.

Objectives


• Identify seven types of question and when to use them in court

• Consider the important role of non-verbal behaviour in communication and

how you can use it to improve your own communication as well as to read

others’ communications to you

• Think about the barriers to effective listening and what you can do to

overcome them

• Think about how you generally behave when communicating with others and

the value of feedback in developing your effectiveness



Using your communication skills

In order to be effective, court chairmen need excellent communication skills. Of

these, perhaps the three most important, both in the retiring room and the courtroom,

are to:

• Use questions effectively

• Speak clearly

• Listen

As a starting point, we would like you to think about asking questions.

Asking effective questions

Asking questions is something we all do. We ask in order to learn or to gather

information. In court you need this information in order to make the appropriate

judicial decision. So it goes without saying that you need to ask ‘good’ questions.

But what is a good question?

A simplistic answer might be that a good question is one that elicits a clear, prompt

response with precisely the information you required. Beyond this, we need to know

about different sorts of question – seven in all, so that we can pick the most useful

one for any given circumstance.

Activity 2.1

The table on the next page lists seven types of question; defines each one and offers

an example. Your task is to decide whether each sort of question is appropriate to

use in a court and, if so, when



Type of Question Its definition Example

Is it appropriate to use?

If so, when?

Open

This can’t be answered by ‘yes’ or ‘no’. Encourages an expansive answer.

How have you come to that conclusion? What did you learn?

Closed

Elicits a ‘yes’ or ‘no’ answer or a precise factual answer.

Are you currently unemployed? When exactly did that happen?

Probing

A follow-up question used to gather more detailed or in-depth information

Which aspects of the argument do you disagree with?

Reflective

Paraphrases what someone just said, often in terms of feelings. Encourages further information

Can you remember what led you to believe that? You feel angry about that?

Summarising

Summarises what has been said and asks for clarification.

So you are now asking us to consider a further adjournment?



Type of Question Its definition Example

Is it appropriate to use?

If so, when?

Leading

The question suggests the answer you expect to hear.

Didn’t you just do it because it was expected of you?

Multiple

More than one question is asked at the same time.

Tell me about the incident, when did it happen and what caused it?



Commentary

Type of

question

Is it appropriate to use? If so, when?

Open

Yes, to gather general information and encourage debate - most probably in the retiring room.

Closed

Yes, to clarify or gain precise information

Probing

Yes, to draw out further information and/or feelings about a specific issue. Chairmen may use this more in the retiring room than the courtroom.

Reflective

Yes. Most probably in the retiring room to encourage someone to elaborate on what s/he has already said.

Summarising

Yes, to clarify what has been said or to round up the process before closing.

Leading

No, because it may discourage an honest answer. Leading questions place the responder in a difficult position in that s/he must either follow the lead or challenge the question.

Multiple

No, because they create difficulties for the responder who has to remember all the questions. Most people find it relatively easy to remember the first or last question – but not the one in the middle. Such questions can make the person responding feel more tense or anxious.



Exactly which sort of question to use often depends on what stage you are in the

court proceedings.

Effective questioning often starts with open questions to gather general information

and encourage debate. In the courtroom, the advocates usually carry out this type of

questioning. The bench needs to ensure that the facts are clear – to do this you

need to ask probing, direct and closed questions.



The emphasis can also depend on the purpose of the proceedings. During a trial,

before a decision is taken on verdict, your questions will aim to clarify information

that has already been given; this involves using direct, closed questions. Once a

decision has been taken on verdict, when you are considering sentence, more

probing questions may be appropriate in order to gather the necessary information.

For some court proceedings it is important for the bench to take an inquisitorial role,

for example in adjournment applications, when sentencing, and in the family court.

In these situations it is appropriate for the chairman to use the full range of useful

question types. During a trial, which is an adversarial proceeding, the bench should

not get involved in the arena. Questioning at this time needs to be circumspect and

limited to seeking clarification.

Remember that leading and multiple questions are rarely useful to the bench. The

one time they come into their own is an adversarial proceedings, when an advocate

will use them deliberately in an attempt to pressurise and confuse.

Activity 2.2

On the next few occasions you are in court, notice which types of question the

chairmen you sit with use. Consider these questions and make notes on the next

page if you wish:

• Which types of question are effective in which situations?

• Are some chairmen better at eliciting information quickly in an adjournment

hearing than others? If so:

o what are they doing to achieve this?

o what types of question are they asking?



• Are some chairmen better than others in stimulating and focusing discussion

in the retiring room? If so:

o what are they doing to achieve this?

o what types of question are they using?

Non-verbal behaviour in communication

When we communicate with others, what we say is only a fraction of the message

the listener receives. As much as 55% of the message comes from your ‘body

language’ – what you do – and as little as 7% of the message is what you actually

say. In other words, we ‘hear’ with our eyes even more than with our ears!

When people say things like ‘I just knew you’d made a decision’ or ‘I don’t know what

but something’s wrong’, they are ‘reading’ body language, even if unconsciously.

Body language, or non-verbal communication, is something we should learn in

school, but most of us didn’t. We all use it, and we all ‘read other people, but we

often do so unconsciously or half-consciously.



Why is body language important for the court chairman?

It’s important because your non-verbal behaviour needs to match and reinforce what

you say or ask.

The way you ask your questions may well influence how the receiver responds to

you. This can be particularly important when you have to deal with advocates

requesting an adjournment.

When trying to get your message across, be aware of all your non-verbal behaviour;

your tone and pitch of voice, facial expression, body posture, arm and hand gestures

and eye contact. Although there are not hard and fast rules, you can generally

demonstrate sincerity and conviction if you:

• Speak in a way that is clear, steady, calm and easy to hear (neither too loud

or too quiet)

• Maintain eye contact in a firm and direct way without staring

• Keep your facial features steady and relaxed. Avoid inappropriate smiles or

frowns

• Hold your posture upright and relaxed

• Use open, light gestures to reinforce and re-emphasise what you are saying,

while keeping your hands low

• At a tense moment or when someone is agitated, you can help to relieve the

tension by deliberately relaxing your shoulders and speaking calmly.



‘Reading’ other people’s body language

As human beings we communicate with the whole of our bodies. We have already

stressed the importance of ‘reading’ other people’s body language 0 but in the court

setting it’s also important to be aware of the possibility of misinterpreting non-verbal

messages.

Although very skilled, we can all make mistakes. Many factors can lead to

misinterpretation – including differences of culture and background. So, while paying

attention to non-verbal signals, it is important not to make assumptions or

stereotype.

For example, avoiding eye contact is often taken to indicate that someone is not

telling the truth, whereas in some cultures this can be a way of showing respect.

Similarly, we may feel someone who covers his mouth when he is speaking may not

be telling the truth, but equally it may mean he is ashamed of bad teeth and is hiding

them.

Non-verbal behaviour is an interesting but complex area. There is a wealth of

literature on the topic. If you want to develop your awareness further, you might like

to start with some of the books listed at the end of this chapter.

Demonstrating dignity and respect

Just as you are reading the non-verbal behaviour of those around you, so they are

reading yours. We have already said that the way you communicate and conduct

yourself affects the image of the court. It can also affect the way other magistrates

respond to you in the retiring room.

A helpful way of thinking about this can be in terms of ‘levelling’: treating others as

‘on the same level’ as you. How does levelling work?



Our attitude and behaviour (including body language and tone of voice) are very

closely entwined. The one reflects and even prompts the other, often quite

unconsciously. Because of this, if we believe that someone is ‘better’ in some way

than we are (attitude), our unconscious behaviour will reflect this by ‘raising’ them:

we may behave shyly or with deference.

Similarly, if we think someone is ‘lower’ in some way (attitude), we will behave (body

language) as if he or she is indeed inferior. Quite unconsciously, we might take less

account of what they say – even blocking our listening.

It’s easy to find examples of raising and lowering behaviour in traditional class

stereotypes, though nowadays such behaviour can be based on education, income,

dress, achievement, age and fitness, style… we could go on!

The point is that, if our behaviour raises or lowers the person we are talking with,

then we are not treating the other person as ‘on the same level’ with us.

We can use this knowledge in two ways:

• To help us understand others’ behaviour (a simple example: notice how

advocates may sometimes deliberately ‘lower’ others in the court, while

defendants may sometimes ‘raise’ everyone)

• To better understand and control our own behaviour. Ask yourself ‘In levelling

terms, what is my attitude to the defendant/court clerk/my colleagues?’

Consciously tell yourself that the person is level with you. This will help you

treat each person equally. It will also show how you expect others to treat

you!



The non-verbal differences, between these various positions can be very subtle and

can be conveyed unconsciously. Developing an awareness of what you are doing

and how you are being received is an important step in developing your

effectiveness.



Activity 2.3

Notice your chairman’s non-verbal behaviour over the next few court sessions. How

does he/she use body language to reinforce what he/she says? You might like to

make notes on what you observe.



It’s worth trying this in other situations too – in fact, in any other situations in which

you interact with other people. You’ll begin to notice when people communicate less

effectively – at such times their non-verbal behaviour often doesn’t ‘fit’ with their

message (as when a shy person tries to be assertive but speaks quietly, looking at

the floor!)

Listening attentively

Having asked effective questions it is important to listen to the answers. No doubt

listening and maintaining attention throughout a sitting is something you’ll have a lot

of practice in during your life as a magistrate! However, because of the pivotal role

of the chairman, you may find keeping your attention and actively listening whilst in

the chair more demanding than it was for you when you were a winger. It will take

up a lot of your mental energy and you may find it tiring.

It is also helpful to remember that thought is faster than speech. Be aware of

yourself when listening – are you with the speaker, ahead of him or somewhere else

entirely!

As with questioning, your listening skills will have developed throughout your life, but

you may also have developed some less useful listening habits along the way. Such

‘bad’ habits can sometimes prevent us from listening properly.



Question 2.1

Think about yourself in court and in various social situations. What are the barriers

that sometimes stop you from listening properly?

Also think about the way other people listen when you and your fellow magistrates

speak. Can you tell when they have stopped listening to you and, if so, how? What

barriers can sometimes stop others listening to you properly?



Commentary

In fact, there are lots of possible barriers to really listening. Their effect is to filter the

message or even block it completely. These are all barriers to effective listening:

• Physical problems of poor hearing, a lot of background noise or a quiet

speaker.

• Feeling tired or being in a stuffy room

• Lack of interest in what is being said – boredom

• The speaker has a dreary voice or an unusual accent you have difficulty

listening to

• Not paying attention and allowing yourself to be distracted by your thoughts or

other things going on around you.

• You may sometimes listen until you want to say something, then stop

listening in order to think about what you plan to say

• Interrupting the speaker mid-sentence before the complete meaning of what

has been said is clear

• You may filter what is said so you hear what you want or expect to hear.

Alternatively you may not hear what you do not want to hear.

Clearly some barriers are more applicable to difficulties you may experience in the

retiring room; others may be more likely to occur in the courtroom.



Overcoming the barriers to listening

If you do sometimes experience some of the barriers we have described, what action

can you take to overcome them?

Here are some suggestions we’d like to make. Some will be of help both in the

courtroom and the retiring room; others will be more relevant in the retiring room:

• Pay attention to your behaviour; notice when you tend to stop listening.

Make a conscious effort to stop it happening in the future

• Don’t get over-tired, make sure you’re always fit and refreshed on court days

• If there are distracting noises around the court, try to get these stopped or

reduced. If this is not possible, make a conscious effort not to let them

distract you

• In a lengthy case, it may be appropriate to take a break. Balance this with the

need to avoid unnecessary delay

• Pay attention to the speaker. Sometimes this will mean forcing yourself to

listen and put effort into not being distracted. It is important not only to focus

on the speaker but also to use non-verbal clues such as eye contact, nods

and smiles to let the speaker know you are listening

• Listen to the whole message. This involves observing the speaker – or

‘listening with your eyes’. Listen for ideas, feelings and intentions as well as

facts, look for any incongruence between what is being said – the verbal

message – and the non-verbal message being conveyed



• Listen to what the speaker says without drawing a premature conclusion.

Listen until the speaker has finished speaking. Use questions to help you

clarify exactly what the speaker want to say

• Repeat back to the speaker what you have heard and check you have

understood correctly

How do others see you?

When thinking about your communication skills it can be useful to reflect on how you

relate to and communicate with others. The following activity might help you to do

so.



Activity

Below is a list of statements describing how people sometimes behave when

communicating; Put a tick in the box that you think fairly reflects how you generally

behave.

Always

Often

Some-times

Never

1. I start speaking before others have finished their sentence.

2. I finish other people’s sentences.

3. I explain myself clearly.

4. I show interest in the contributions of others

5. I think before I speak.

6. I listen to the contributions of others.

7. When I am uncertain I ask for further information.

8. I admit when I am wrong

9. I develop the ideas of others.

10.

I encourage others to put forward their ideas.

Having identified how you see yourself it can be useful to find out how others see

you. Do you come across in the way you would like to? Are you being as helpful as

you would like to be? As Robert Burns said:



O wad some Pow’r the giftie gie us To see oursels as others see us! It wad frae mony a blunder free us, And foolish notion.

From ‘To a Louse’ by Robert Burns

Honest feedback from others about how they experience us is very valuable

information. Perhaps we are much better at some things than we thought. Perhaps

we have a blind spot and never realised the effect of something we often do.

As a result of the feedback we receive, we might decide to change how we behave

in certain situations. Equally, we might feel that the feedback is inaccurate or invalid

for some reason – and therefore decide not to do anything about it. Remember that

feedback is only opinion, not fact, so you can choose whether to respond to it or not.

In any event, others’ feedback on your behaviour adds to your self-awareness – and

may help you develop your skills and effectiveness.



Activity 2.4

Over the next few court sessions, pay attention to your own behaviour if you can:

the way you listen and overcome listening barriers, your non-verbal signals and so

on.

How good a communicator are you? Note your communication strengths and

anything you might need to work on.

If you can, ask for others’ feedback on your communication strengths and

weaknesses.



Review

This chapter has introduced some key communication skills for the effective

chairman of the bench.

We hope the chapter has enabled you to:

• Identify seven types of questions and when to use them in the courtroom

setting

• Consider the important role of non-verbal behaviour in communication and

how you can use it to improve your own communication as well as to read

others’ communications to you – with a warning to avoid assumptions!

• Think about the barriers to effective listening and what you can do to

overcome them

• Think about how you generally behave when communicating with others and

the value of feedback in developing your effectiveness

Suggested further reading

Communication is a massive subject, and these pages can only begin to touch on its

many aspects. This reading list covers all the issues we have mentioned in more

detail – and is available through your local library.

Between Ourselves: An Introduction to Interpersonal Communication, Graeme

Britain and Richard Dimbleby; Arnold 1995. ISBN 0340605855

Interpersonal Communication, Peter Hartley; Routledge 1993. ISBN 0415013852

The Psychology of Interpersonal Behaviour, Michael Argyle; Penguin Books 1994.

ISBN 0140172742



Mastering Personal and Interpersonal Skills, Peter Haddon; Thorogood 1999. ISBN

1854180681

The Silent Language, Edward T Hall; Bantam Doubleday Dell Publishing Group

1988. ISBN 0385055498



Chapter 3 – Working with your legal adviser

This chapter explores that essential working relationship between the court chairman

and legal adviser: what it should be and why it sometimes goes wrong. Finally, we’ll

consider what you could do to build an effective and successful working relationship.

Objectives


• Describe the role and tasks of the legal adviser

• Describe how the chairman’s and legal adviser’s roles relate and contribute to

each other’s effectiveness

• Identify how to build and maintain an effective working relationship with your

legal adviser

• Identify the competences that define these roles and relationships

Magistrates and their legal advisers: good working relationships?

The relationship between the chairman and the legal adviser is fundamental to the

successful running of the court. They need to work together in a complementary

partnership, but it doesn’t always happen in that way. These quotes and anecdotes

are typical of the range of opinions each has of the other.

Magistrates and court chairmen about legal advisers:

‘The legal adviser’s attitude to magistrate is often one of thinly veiled contempt.’

‘It’s a magistrates’ court, not a clerk’s court.’



‘Our legal advisers are wonderful.’

Legal advisers about magistrates:

‘Sometimes they disappear into the retiring room for so long we wonder what on

each they are doing.’

‘It’s very frustrating when I’m trying to support the chairman and encourage a robust

approach and he goes and grants an adjournment anyway. The temptation is to give

up.’

‘Some of them are great, others tend to treat staff like servants.’

So it’s not all roses between chairman and legal adviser. Where do the boundaries

lie between them? Is each role clear? Are there any grey areas?

Let’s start by looking at what legal advisers actually do.

The role of the legal adviser

The role of the legal adviser is set out in the Lord Chief Justice’s Practice Direction.

This document outlines the legal boundaries of what the legal adviser can and

cannot do in the judicial process.

In essence the legal adviser’s role is to act as the bench’s professional adviser. This

entails many tasks that take place both within and outside the courtroom.

The legal adviser in the courtroom and retiring room

Legal advisers are skilled professionals, governed by competency standards in the

same way as court chairmen.

Your legal adviser has two key responsibilities. These are to:



• Advise the bench on law, including their sentencing powers, and draw their

attention to sentencing guidelines

• Advise on court practice and procedure

In practice, legal advisers carry out these responsibilities in various ways. For

instance, they might do any or all of these:

• Draw your attention to and explain points of law

• Refresh your memory on issues raised in court

• Advise on the range of penalties available

• Draw your attention to the sentencing guidelines and recent precedent

• Advise the bench on the history of the case

• Draw your attention to the way your colleagues deal with similar cases on

sentence to promote consistency

• Help you to formulate the reasons for your decision

• Ensure decisions are accurately recorded and processed

• Complete bail and custody paperwork

• Liaise with the prison escort organisation

• Liaise with advocates so the court list makes effective use of time

• Book in trials

• Grant legal aid



Advisers can give their advice either in open court or in the retiring room. Generally,

advice should be given in open court in order to comply with the Human Rights Act.

This does not prevent magistrates seeking advice when they retire, but it means that

the legal adviser will need to summarise in open court any advice or clarification

given in the retiring room.

Additional legal adviser activities

The legal adviser’s responsibilities may be wider than you have encountered so far

in your career as a magistrate. Legal advisers can be involved in some or all of the

following additional activities:

• Supporting panel and committee work

• Assisting in the training of magistrates and staff

• Providing legal advice to other court staff

• Providing information to court users

• Researching points of law



Activity 3.1

Try to find an opportunity to spend time sitting in the well of the court, in order to

observe at close quarters what the legal adviser is doing. Afterwards, if

circumstances allow, discuss with the legal adviser what he/she did and why.

Please discuss the possibilities of doing this with your justices’ clerk and/or training

manager.

Note in the space below what you learn from your observations and anything that

surprises you.



What can go wrong?

Legal advisers and court chairmen tell us that things can and do sometimes go

wrong between them. Here are some typical examples:

• Dominance of either side by the other

• The chair trying to take a legal role, quoting or referring to the law

• The legal adviser giving unclear advice

• The legal adviser interrupting the chair

• The legal adviser trying to influence the decision

• Either side trying to rush the other

• The chairman not knowing and/or not asking when he/she needs advice

• The legal adviser not appreciating when the bench will need advice

• The chairman continually asking the same question e.g. today’s date, traffic

offences, or repeatedly asking if an offence is endorsable

• Letting each other down/not giving sufficient support e.g. in case

management/fine enforcement

Establishing an effective and successful working relationship

Below, we offer some of the advice that chairmen and legal advisers have given us

on ways to create a successful and effective working relationship. Please read it

through and then tackle the activity that follows.



As chairman, you could take all these steps to ensure your relationship with your

legal adviser is effective:

• Take the lead in introducing yourself to the legal adviser

• Hold an effective pre-court briefing and include in this how you and the legal

adviser will divide the speaking roles during the sitting. There are no hard and

fast rules for this but, as chairman, it is your responsibility to communicate the

bench’s decisions. In addition, either the chairman or the legal adviser can

explain any specific requirements

competence 4.1.b: agreeing with the legal adviser respective roles and

responsibilities and maintaining these.

competence 4.1.a: identifying issues for clarification prior to each court session and

establishing the relevant structures and processes to facilitate routine applications

and procedures.

During the pre-court briefing, identify potential problems from the court list and agree

how you will address these

• Give advance notice of sentences involving custody. Your legal adviser

needs this to ensure prison escort staff will be present to receive the offender

and that all paper work is completed

• Make sure the clerk is ready to note the bench’s sentence and reasons before

making your pronouncement. You can achieve this by giving a clear signal,



for example, by addressing the offender by name and then pausing before

beginning your pronouncement

• If the decision is complex and covers several elements, inform the legal

adviser in advance of your pronouncement

• Make an effort to get to know your legal adviser as a human being, establish a

professional but friendly relationship

• Value your legal adviser’s strengths and know and accept his or her

weaknesses

• Know your own limitations

• Hold a post-sitting de-brief to share clear, honest feedback and identify how

you can work together effectively in the future

• Learn to recognise and respond to clues from each other

competence 4.1.c: reviewing the day’s sitting with the legal adviser.



Activity 3.2

Do any of these suggestions already occur in your court?

Discuss with a legal adviser you trust what she or he wants from the chairman to

help her/him be effective in the court. See if there are any new points you could add

to the list above.

Think about what you will do when you take the chair to ensure your working

relationship with your legal adviser is as positive and as effective as possible. Which

competences are you demonstrating? Make notes here if you wish.



Review

Now that you have completed this chapter, we hope you know what the legal adviser

contributes to the running of the court. You also have useful practical ideas on how

you can work together to make an effective team.

You should now be better able to:

• Describe the role and tasks of the legal adviser

• Describe how the chairman and legal adviser’s role relate and contribute to

each other’s effectiveness

• Identify how to build and maintain an effective working relationship with your

legal adviser



Chapter 4 – The chairman in court

In this chapter, we investigate the chairman’s behaviour in court. This includes

speaking in court, controlling it and managing the throughput of cases.

In discussing speaking in court, the chapter builds on issues we raised in Chapter 2:

Communication skills.

In the next and final chapter, we’ll consider the chairman’s behaviour in the retiring

room.

Objectives


• Prepare and deliver a pronouncement

• Speak clearly in the courtroom so that everyone can hear and understand

what you say

• Identify different strategies for avoiding disruptive situations and remaining in

control of the courtroom

• Anticipate a key issue of a case management and how the chairman can

manage cases effectively

Please note: for this chapter you will need access to the Bench Book, or the

Pronouncements used in your court if different from those in the Bench Book, as well

as any local guidance on pronouncements and reasons that may have been issued

to your bench.



Speaking in court

competence 4.2.b: giving clear instructions to participants throughout proceedings

and checking that all those involved understand what is happening in the courtroom

and any decisions that have been made.

We know from experience that many new chairmen feel anxious and nervous about

speaking in court. When sitting on the wing, your role is more passive. Although

you have helped to identify questions to ask and agree the decision to be made, you

won’t have been responsible for communicating them to those present in the court.

Similarly, although you will have been observing what goes on in court and, on

occasion, drawing the chairman’s attention to it, you have not had the responsibility

of maintaining order in the courtroom. Effective communication in court enhances

the reputation of the magistracy and the criminal justice system and builds

confidence in the judicial process. So getting your speaking right is not just a

personal matter. Luckily, you can do lots of things to develop your skills and

confidence in this area. They centre around two aspects: preparation and practice.

This chapter is designed to give you an opportunity to do both.

Preparation: deciding what you are going to say

As a magistrate who has been sitting for several years, you will have contributed to

the formulation of thousands of pronouncements and heard them delivered in court.

The activity below is practical and very useful – and may take you several days or

even weeks!



Activity 4.1

The first stage in preparing to make a pronouncement is to identify the key points to

cover within it. The focus of this activity is to identify the points for three particular

pronouncements:

• Conditional bail

• Community service

• Passing a custodial sentence

As a starting point, refresh your memory by reading the model pronouncement for

each of these decisions.

Then, during your next few court sittings, note the chairmen’s pronouncements and

the reasons they give for each decision. Try to identify what qualities and

characteristics the better pronouncements have over weaker ones.

Make notes on the qualities you think make an effective pronouncement.



Research tells us that defendants leaving the courtroom often have not understood

what has been said to them. There are many reasons for this, from the defendant’s

own state of mind (nervousness, fear or relief) to the language the chairman uses.

It is important that, as chairman, you use language that the defendant understands

without patronising him or her.

competence 4.2.c: addressing those in court fluently, clearly and audibly at all

times.

Activity 4.2

When you have finished your court observations, take some cases you heard

recently which resulted in the outcomes noted below, and try formulating your own

pronouncement and reasons for each one.

Discuss your formulations with your justices’ clerk and agree a form of wording that

both meets the legal requirements and you would feel comfortable using.

Conditional Bail



Community Service Passing a custodial sentence



Delivering the pronouncement

A common concern magistrates discuss is that, in delivering the pronouncement,

their voice will not carry to the back of the courtroom. There are two main reasons

why this occurs – nerves and lack of projection.

Nerves?

If you think nerves may be a problem for you, here are some tips for managing them.

You can’t avoid feeling nervous – but you can manage your nervousness:

• Remember you are not alone; others in the courtroom may be equally

nervous

• Focus on what you are trying to achieve – you know what you wish to say,

your purpose is to ensure it is understood

• Take you time- there is no need to rush. Any silence will appear ten times

longer to you than to those waiting for you. Resist the temptation to fill the

gap!

• Consider your posture. Ensure you sit upright with both feet firmly on the

floor. A trick to help you here is to imagine a strong from the top of your head

pulling you upright

• Look at the people in the courtroom as a way of making contact with them

• Keep taking regular, deep breaths

Perhaps your best advice is to remind you that your difficulties will ease with

practice. Meanwhile, if you get any opportunity to speak in public, take it. If you

don’t, then practise on your friends and family – or even alone in front of a mirror.



Projecting your voice

If you aren’t sure how to project your voice without shouting, this is for you!

As you know, being heard doesn’t mean shouting. Perhaps you have heard the term

‘throwing your voice’? It can be helpful to imagine that your voice is a ball and you

are throwing it to the back of the courtroom. To get a ball to the back of the

courtroom, you would probably have to throw it upward in an arc, like a lob in tennis.

You need to do the same thing with your voice.

Throwing your voice involves holding your head up – whilst maintaining eye contact

with the person you are speaking to – and directing your voice up and out.

Speaking clearly

As well as being able to project your voice, you also need to be able to speak clearly,

and with interest, in order to be heard and understood. A helpful acronym for clear

speaking is RSVP:

Rhythm Speed Volume Pitch

Rhythm

This involves varying the pace of your delivery. If your delivery is too flat, people will

find it difficult to concentrate. Practise pausing between phrases as this helps your

listener to ‘catch up’ and emphasises the points you are making.

Speed

A common problem people make is speeding up as they talk. This can be a sign of

nerves: like a runner, the speaker gets faster nearing the finishing line! The problem

is that the rushed words come out in a jumble, causing obvious problems for the

listener.



Remember, people are hearing this for the first time, so take your time. A useful

technique is to count to three at the end of each sentence – and only then continue.

Volume

It is important to ensure that everyone in the courtroom can hear you, and that you

sustain this volume throughout your pronouncement. People who rush their last few

words often turn the volume down at the same time – so the meaning of the last few

words or phrases can be completely lost.

Pitch

Vary the pitch. A monotonous tone can be very difficult to listen to.

Tip

If you are concerned about getting the speed and volume right, the court usher can be a useful ally and will often be happy to give you feedback.

Some practical activities

On the next two pages are possible activities to help you develop your

pronouncements. Select any, all or none according to your need!

Too loud or too quiet?

Having formulated the wording of your pronouncements, practise saying them to a

friend, a member of your family or into a tape recorder. How easily are you

understood? If speaking to other people, ask them to repeat back to you the

meaning of what you have said. Have they really understood? If not, how could you

improve what you are saying?



Project

One way to practise projecting your voice is to work with a partner in a large room.

Start by standing fairly close to each other and say a phrase or a line of poetry to

your partner. In stages, move further away from each other, repeating your words

each time and checking you can still be heard. Notice how you need to change your

projection in order to remain clearly audible.

You can do a similar exercise in an empty courtroom. Practice what you need to do

in order to be heard at the most distant point from the bench.

Pardon?

This exercise is designed to help you develop your skills in articulating your words.

Try saying the following rhymes into a tape recorder. How clearly are you

articulating? Keep practising until your diction is as clear as you can make it.

1. “Do breath tests test the breath?

Yes, that’s the best of a breath test, And the best test of the best breath is That the best breath stands the breath test”

Origin unknown 2. Peter Piper picked a peck of pickled pepper,

A peck of pickled pepper Peter Piper picked, If Peter Piper picked a peck of pickled pepper, Where’s the peck of pickled pepper Peter Piper picked?

Origin unknown 3. To sit in solemn silence in a dull dark dock

In a pestilential prison with a life long lock Awaiting the sensation of a short sharp shock From a cheap and chirpy chopper on a big black block

From Gilbert & Sullivan’s The Mikado



Volume and pitch

This next exercise is intended to help you practise your volume and pitch. Again, if

you can, record yourself on a tape recorder. As you speak, change your volume and

pitch to correspond to the words you are saying.

Higher and higher until you reach the very top

Down, down, down into the depths

Lower and lower until you reach the very bottom

And then up

Higher and higher… etc etc

Intonation

The final voice exercise is an opportunity to focus on conveying meaning simply by

changing the intonation. Try saying the word ‘NO’ in different ways to convey these

different meanings:

NO meaning definitely not

NO meaning maybe YES

NO meaning I’m afraid

NO meaning you naughty person

NO meaning I don’t believe you

NO meaning I’m angry

NO meaning I’m very surprised



NO meaning YES!

Activity

Over the next few days, listen carefully to other people’s pronouncements, both the

chairman’s official ones and others – at work, shopping or wherever you are. Pick

up tips as you go and make notes below to remind you!



Controlling the court

competence 4.2.d: encouraging participants at the hearing to contribute

constructively and dealing assertively with any inappropriate, inaccurate or unhelpful

contributions by restricting representations, speeches and discussions and dealing

promptly with any behaviour that is or may disrupt the functioning of the court.

Controlling the court is probably one of those areas where your concern as a

prospective chairman is likely to be much higher than the reality dictates. Think back

over your career as a magistrate. How often have you experienced serious disorder

resulting in contempt proceedings? Probably rarely, if at all, so be reassured.

All the same, it helps to have some tools to draw on when you need them. Refer

back to Chapter Two (Communication Skills) where you will find some more

examples.

Stay calm

An effective chairman can calm a potentially disruptive situation by appearing to be

calm and in control (see the section on non-verbal behaviour in Chapter 2). Speak in

a firm, clear, voice, using an even tone and pitch.

Use silence

Judicial silence and/or retiring from the courtroom can reduce tension in the

courtroom. For example, if the behaviour is partly to get attention from the bench,

retiring removes the audience and makes the behaviour counter-productive.



Avoid argument

It is important not to engage in an argument with the person causing offence. The

chairman needs to focus on the purpose of the court – to administer justice fairly –

and how to achieve it.

Focus on behaviour, not the person

It is generally more effective to focus on the behaviour causing the problem and how

the court is affected by it, rather than blaming the person concerned. For instance,

this response to an advocate who is rustling papers is a little sharp:

‘Mr X stop rustling those papers.’

A more effective and courteous response would be:

‘Mr X, you are rustling your papers; this is making if difficult for us to hear and

concentrate on the case. We would appreciate your

Focusing your attention on what is needed to ensure the administration of justice

should help you decide whether the person’s behaviour is unacceptable. Ask

yourself: is the behaviour impeding the course of justice?

For relatively minor things it may be wiser to exercise judicial blindness or deafness,

in other words ignore the behaviour rather than confront it. For example, instead of

drawing attention to forms of dress you feel inappropriate, it may be more better to

ignore them and get on with the hearing.

Sometimes, insisting on particular behaviour might cause you embarrassment, for

example:

In one court the chairman insisted on a defendant taking his hands out of his trouser

pockets. He did so and his trousers fell down. The defendant had no trouser belt

and was using his hands in his pockets to keep his trousers up.



In another court, the chairman told the defendant to remove his woollen hat. He did

so and revealed the fact that, as the result of recent chemotherapy, he had no hair.

The defendant became embarrassed and upset.

In both these examples, a better approach can be to ask a question to clarify the

reason for the behaviour:

‘Is there a particular reason why you need to keep your hands in your pocket/ear

your hat?’

Your next step will depend upon the defendant’s reply. For instance if he says that

there is no reason why his hands are in his pockets, you could reply with ‘Then

please take them out of your pockets’. If he replies that ‘I’m using them to hold up

my trousers’, then better to ignore the behaviour.

Remember that it is important not to back yourself into a corner where you have no

choice but to escalate the confrontation. As far as possible leave an escape route so

that neither side need lose face.



Activity 4.3

During your next few sittings keep a note of occasions when the chairman is required

to exercise some authority. Make a note of any effective techniques that you may

wish to imitate in the future.



Serious misconduct

We know that dealing with serious misconduct is one of the main concerns that

newly appointed chairmen anticipate. We need to start by putting such concerns in

context. Occurrences of serious misconduct are very rare. During a recent

chairmanship course, none of the participants had ever experienced such an

incident.

Perhaps one reason for this is that experienced court chairmen are very good at

anticipating and then avoiding serious misconduct! It can often be avoided in two

ways:

• Using non-verbal behaviour to keep a situation calm and controlled

• Asking questions to clarify if there are any hidden reasons for the behaviour

Sometimes a situation can blow up suddenly and unpredictably. If this does happen,

you need to take prompt decisive action. This is one of the few times when the

chairman must act without consulting colleagues.

There is no blueprint of what to do, but any action must be firm and fair. Here are

some anecdotes from experienced magistrates and chairmen outlining things they

have done, or observed being done, when the court has faced a situation of serious

misconduct.

One experienced chairman told us this story:

‘I had an occasion where two solicitors were arguing and it was becoming personal

and heated. I had appealed to reason and was getting nowhere – so we retired,

asking both solicitors to sort out their differences before our return. When we

returned to court give minutes later, they immediately apologies.’



In the above incident, the chairman has simply given the people involved a few

moments to calm down and sort out the problem. Equally, there are times when it is

important to be judicially deaf and/or blind. As one chairman told us:

‘We had just sentenced a young man to custody. His girlfriend shouted out abuse. I

was tempted to intervene but I caught the usher’s eye and she led her out of court. If

we had dealt with her for contempt or admonished her, it would have inflamed a

highly charged emotional moment.

We retired for a few minutes and returned to a clam and dignified court. The young

man’s solicitor thanked us for not taking action and advised us that the young

woman had asked her to tell us she was sorry for her outburst.’

Knowing when to intervene is a question of judgement which experience will guide.

Another chairman gave this example:

‘A witness came into our court and was very agitated and upset. He took the oath

and then demanded to know who was in charge. I told him the Bench was but,

before I could say another word, he complained about the way he had been treated

in the waiting room – how long he had had to wait and that he had been sat near to

the defendant’s witnesses. We listened patiently and then intervened. I

acknowledged that he felt there had been a problem and advised him that there was

a complaints procedure which we would ensure he had a copy of before he left.

Now, however, he was here to give evidence. I said we would give him a couple of

moments to compose himself. We retired for a minute or two. We returned and by

then he was much calmer.’

It is important for a chairman to understand the court environment; not every

courthouse is purpose built or has appropriate facilities. Remember: coming to

court, for whatever reason, can be stressful.



Activity 4.4

Here are three activities in one!

Learn from experience

If a serious misconduct incident occurs, it is important to try and learn as much from it as possible. This can help you avoid it happening in the future and, if it does, develop your strategies for dealing with it. Spending time with your bench colleagues and the legal adviser reviewing the situation can be a valuable way of learning from the experience.

When reviewing such an incident it would be useful to work through these questions:

• What led up to the incident, both pre-court and in the courtroom?

• Who was involved?

• What were the observable signs that the incident was brewing?

• What was said or done that made the situation worse? Who said/did it?

• What was said or done that eased the situation? Who said or did it?

• What did the chairman do or say?

• What could the chairman have done or said differently to ease the situation?

What are your worst fears about court misconduct?

The aim here is to help you identify any unpredictable situations when you would

need to respond swiftly and effectively. Some thought now will help you prepare

yourself mentally for the actual event.



Start by listing situations that you think will cause you the most difficulty if they occur

when you are in the chair. Then, taking each in turn, write down what you think you

should say or do.

You might like to practise saying these words to a friend or into a tape recorder.

Check on the firmness of the message, its clarity and meaning. Do you convey the

message and authority you want? If not what can you do to enhance it? Discuss

your ideas with your justices’ clerk.

Security

When sitting in the chair, it is important that you fully understand the security

available to you. Security arrangements vary from court to court and influence local

advice on dealing with disorder. Discuss with your own legal team the practices and



procedures in place within your own court and their advice for dealing with serious

misconduct.

Managing the throughput of court cases

competence 4.2.a: ensuring the purpose and framework of the hearing is

established and maintained from the outset by giving appropriate directions setting

realistic timetables, seeking explanations from participants for failure to comply with

directions and taking appropriate action.

Effective case management is a key task for chairmen. It’s topic requiring a training

course in itself, so here we simply want to touch on a key issue.

It is imperative that the chairman asks questions on behalf of the bench to clarify the

exact reasons for a request for an adjournment, whether it should be granted and, if

so, for how long. You need to take a robust approach, using clear, probing

questions to gather all the relevant information, and to listen and respond to the

replies. (For more on listening and asking questions, see Chapter 2:

Communication skills).

To illustrate what we mean, think about these two courtroom scenarios. In each one,

an adjournment has been requested.



Question 4.1

For these two cases, tick the questions you think it would be most appropriate to ask.

1. A defence advocate has asked for an adjournment of 14 days to consider

advance information that consists of two pages. What would you say?

a) Can you take instructions in 7 days?

b) How long do you need to take instruction?

c) Could you let the usher know when you have taken instructions this morning and are ready to be called?

2. A prosecutor applies for an adjournment of a trial because a witness has

failed to attend. What would you say?

a) Was the witness warned and, if so, when?

b) When did you find out that they couldn’t or wouldn’t attend today?

c) What material evidence is the witness able to give?

Remember, the decision to adjourn is always in your hands. When making an

adjournment decision:

• Consider standing the case down for an advocate to take instructions or make

enquiries

• Be firm in your case management and make clear your expectations of the

parties



• Have the courage to refuse an application to adjourn when you are confident

that it’s unnecessary

• If you do grant an adjournment, make sure the adjournment is for the shortest

possible time and explain:

• why you are adjourning the case

• what you expect to be done during the adjournment

• what should happen next time the case appears before the court

As one chairman says:

‘The first time I refused an application to adjourn a case on behalf of the bench, I

was really nervous – but then the solicitor backed down and got on with the case and

I realised that we had been right in our decision.’

Commentary

The most appropriate answer is c): Could you let the usher know when you have

taken instructions this morning and are ready to be called? Answer b) leaves the

decision – and therefore the control – to the advocate, whereas in c) you retain

control and manage time better. Bear in mind that you would need to make sure

there is an interview room where the solicitor can take instructions in private.

In this example, you may need to find the answer to all three questions before you

can make a reasoned decision. All three might be of significance.



Activity 4.5

You might find it helpful to observe how experienced chairmen and legal advisers

deal with requests for adjournment. Think about these points:

• What types of question are asked and prove most effective?

• What kind of manner and non-verbal behaviour do the effective chairmen use

when talking to advocates?

• How do the chairman and the legal adviser share tasks and work together

when dealing with a request for an adjournment?

• Which behaviours would you like to emulate when you’re in the chair?

Review

This chapter has introduced you to some specific issues concerning the chairman in

court: the need to speak clearly when making a pronouncement, your concerns

about dealing with disruptive situations and ways you can maintain control, and a

key issue in case management.

When you have completed the activities, you should be better able to:

• Prepare and deliver a pronouncement

• Speak clearly in the courtroom so that everyone can hear and understand

what you say

• Identify different strategies for avoiding disruptive situations and remaining in

control of the courtroom



• Anticipate a key issue of case management and how the chairman can

manage cases effectively



Chapter 5 – Working with your wingers

It goes without saying that the three people who make up the bench need to work

together as a team if the court business is to run smoothly and justice be done. It’s

the chairman’s responsibility to lead that team, involve everyone and make sure it is

as effective as possible.

In this chapter, we begin by asking you to reflect on your own experience of working

with chairmen, and then consider the roles that wingers can play. Finally, you’ll have

the chance to apply the structured decision-making approach to a sample case.

Objectives


• Reflect on the positive and less positive aspects of working with different

chairmen in the retiring room

• List some complementary roles wingers can play to support the chairman

• Describe the chairman’s role in ensuring the bench work as a team in the

retiring room

• List some benefits of using a structured decision-making process

• Give an example of how to apply structured decision-making in verdict and

sentence decisions and outline the chairman’s role

• Revisit the importance of recognising and avoiding prejudice and assumption

when making judicial judgements, and identify what the chairman can do to

ensure this



• Identify the competences that define your role as a chairman enhancing the

contribution of your colleagues

Learning from experience…

During your time as a magistrate, you’ll have worked as winger with many different

chairmen. We hope many of these experiences have been positive and useful ones,

though others may have been less so.

The activity on the next page asks you to recall your experiences in the retiring room,

so you can use them as a means to identify effective behaviour.

Question 5.1

‘Naturally, each chairman brings his or her own skills and qualities to the bench. But

some don’t get it quite right. As a winger I’ve sometimes felt frustrated and even

angry. What’s the point of being part of the bench if you don’t get a fair chance to

make a point you feel is important:’

The words of one experienced winger, perhaps voicing feelings many have felt from

time to time.

Think of some occasions when you have felt dissatisfied with the way a chairman

acted in the retiring room. If you can think back, particularly to your first few months

on the bench, when you had less experience.

Note any times when you have felt less than happy about what happens in the

retiring room – and what the chairman did to contribute to this sense of

dissatisfaction.



‘When the chairman gets it right – which is most of the time – the whole team works

well. We’re decisive, accurate and fair. In a way, it means we do what I became a

magistrate to do. That’s a good feeling.’

The same magistrate, this time thinking about her many positive experiences in the

retiring room.

Think about typical occasions when you have felt satisfied with the way the chairman

acted in the retiring room. Note anything the chairman did to contribute to this sense

of satisfaction.



Commentary

While it is true that each person’s experience is unique, magistrates who report any

dissatisfaction with the chairman in the retiring room tend to give two broad sets of

reasons:

• Personally feeling excluded or not involved:

o not being listened to

o their point of view being dismissed or ignored (perhaps the chairman

avoids eye contact or even turns away)

o not being consulted

o as a newly appointed magistrate, being ignored – perhaps because the

chairman only values the contribution of the more experienced winger

o the chairman dominates the discussion or even tries to get their own

way by bullying

• Poor decision-making skills:

o failing to identify the issues to be decided at the outset

o rambling, undirected discussion

o no agreed structure to the discussion

o important opinions were dismissed or ignored

o rushing into making a decision

o protracted discussion



Similarly, magistrates often give two broad reasons why a chairman’s behaviour is

satisfactory in the retiring room:

• Feeling involved and part of the team:

o being listened to (the chairman makes eye contact and sometimes

summarises what is said)

o each person’s views are heard and built upon

o everyone’s opinion is sought

• Good decision-making:

o giving appropriate time to the discussion (neither too long or short)

o making the purpose clear at the outset

o keeping the discussion on track

o using a structured approach

o asking the legal adviser to clarify points where necessary

o summarising the progress of the discussion to help focus thoughts

o concluding the discussion when all issues have been explored

(including when to take a majority decision)



As we hope this exercise shows, a feature of most effective teams is that each

person feels involved. When each person feels this way, a sense of responsibility

and accountability follows.

It is also crucial that, in involving everyone, the chairman uses an effective decision-

making process. We’ll consider this in more detail towards the end of the chapter.

How can the winger contribute?

competence 4.3.a: asking colleagues to take responsibility for key tasks (e.g. checking guidelines and locating appropriate structures).

Here, we ask you to reflect on the contribution wingers can make by taking on tasks

for the bench.



Question 5.2

During your time on the bench, in addition to discussion and debate, what tasks or

responsibilities have you been asked to undertake during a court sitting?

What other contributions would you have liked to make, if any?



Commentary

In fact, these are typical of the extra contributions a winger can make:

• Calculating fines, especially in road-traffic offences

• Looking up sentences in the guidelines

• Note-taking

• Prompting the chairman

• Observing behaviour in the courtroom

• Raising questions with the chairman

As chairman, you can maximise your wingers’ contributions and increase their

feeling of being part of a team by asking them to take specific responsibility for some

of the day’s tasks. Agreeing these can be part of the agenda of your pre-court

meetings.



Activity 5.1

Over your next few sittings, look out for any tasks that the chairman allocates you

and your fellow wingers. Note them below.

What difference, if any, does this make to the running of the court’s business?



Working together to make a decision

competence 4.3.b: facilitating discussion by focusing on the structure, identifying

and summarising key issues, intervening promptly when disagreement is preventing

constructive discussion and progressing and exploring areas of disagreement in

order to achieve a resolution.

One of the key strengths of the magistracy is that lay magistrates sit in threes. This

allows three opinions and voices, with different subjective views of the evidence, and

three minds working together to reach a decision. Any differences of view can be

aired and explored.

This collaborative process, along with the use of a structured approach to decision-

making, reduces the chance that an individual’s particular quirky view or prejudice

will affect the outcome.

However, it’s also true that three minds not thinking alike can led to an unfocused

discussion and the possibility of conflict. Indeed, a common difficulty any chairman

can experience is controlling the discussion and keeping it focused.

Sometimes the chairman has to curtail one member’s contribution whilst

encouraging another to expand his or hers. The chairman needs to monitor the

discussion and decide when all the issues have been fully covered – and so when

further discussion will be fruitless. At this point, if a consensus hasn’t been reached,

the chairman should call for a majority decision to be made.



Activity 5.2

Reflecting back over your career as a magistrate, can you remember any occasions

where strongly expressed opinions led to disagreement? Try to recall one example.

• What did the chairman and/or colleagues do to help resolve the conflict?

• Was anything done which worsened the conflict? If so, what was the

outcome?

• Looking back, how could that situation have been handled differently?



Question 5.3

Below are three possible situations that could arise in the retiring room. In each

case, consider what you would do if you were the chairman.

1. One person on the bench strongly disagrees with the other and persistently

repeats the same argument over and over again, trying to persuade you and your

colleague to agree with her. What would you do in this situation?

2. One member of the bench has been a magistrate for over 20 years; the other is

in her first year and newly trained. The more experienced magistrate shows

signs of not listening to his less experienced colleague and uses a patronising

tone when he speaks to her. What would you do in this situation?



3. You are sitting with two very experienced magistrates who are both court

chairmen in their own right. Both are trying to chair from the wing, by asking

questions in court instead of going through the chairman, and trying to dominate

and control the discussion in the retiring room. What would you do in this

situation?



Commentary

Court chairmen have recounted to us all three of the situations we gave you. There

are no specific right or wrong answers to them, as long as you can achieve the

ultimate goal of reaching a fair and reasoned decision in a reasonable amount of

time.

This is what the chairman actually did at the time.

1. ‘I asked the bench member with the strong views if I could summarise my

understanding of this argument. I asked him if my summary was correct and

whether there were any new points he wanted to add. At that point he ran out

of steam and we made a decision.'

2. ‘I looked the more experienced JP in the eye and said calmly, ‘I don’t know

how you feel but I certainly find that Ms Desai is like many new magistrates –

so much more up-to-date on these issues, having just had her training. It’s

really helpful for all the team to have this blend of experience.’ He was so

surprised that he changed his attitude to the newer JP. I just caught the eye

of the newer JP, who I think realised what my strategy was.’

3. ‘I felt their behaviour in court was reflecting badly on the image of the bench –

so I decided we should retire. Once in the retiring room, I took a deep breath

and said that I found this competitive approach unhelpful and detrimental to

the administration of justice. I pointed out that while on the bench only one of

us should speak, i.e. me as the chairman, and did either of them have a

problem with how I was chairing the court? They said they did not. I then

said I was finding it difficult and distracting although I was sure it was their

intention to ‘help me’. I was calm but assertive with them both. They both

apologised and we returned to court and got on with the work of the day.’



Activity 5.3

Over the next few sittings, make a point of looking out for the way the chairman

draws each winger into the discussion and debate.

Make a note on the techniques the chairman uses to involve both wingers in

discussion.



To summarise what we have said about involving the wingers and look ahead to

structured decision-making, read these reflections from two experienced chairmen:

‘In the retiring room I always set our minds on the decision we have to make, agree

with the team how we are going to get to that point and the key steps along the way.

I regard structured decision-making as a route map with the decision as our

destination. I try to draw colleagues away from road works and detours!’

‘I sometimes feel like a conductor, drawing out quieter instruments and encouraging

some of the loud cymbals to be more like triangles!’

Structured decision-making

competence 4.3c: agreeing the decision, reasons and pronouncement to be given in court.

As you are aware, structured decision-making is about following a series of agreed

steps to reach a fair verdict decision.

It’s the chairman’s role to ensure that discussion in the retiring room follows the

proper structure. This is best done by:

• Identifying the decision which needs to be made

• Agreeing the process to follow, and then

• Carefully following the process

Let’s start our consideration of structured decision-making by looking at what it has

to offer. In the table below, we have noted three benefits in terms of the interests of

justice.



Question 5.4

What do you think are the values and benefits of structured decision-making to each

of the other perspectives? Make a quick note in the table for each one before

reading on.

Perspective Value and benefits of structured decision-making

The interests of justice Decisions are made in a fair and objective manner. Consistency of approach. A structured process saves time in the retiring room.

The magistracy’s accountability to the broader public, including victims and witnesses

The prosecution and defence



Perspective Value and benefits of structured decision-making

Members of the bench not sitting in the chair

Consistency in sentencing



Commentary Your list may have included points like these. Some benefits, such as saving time in the retiring room, apply to all or most perspectives but, to save space, we state each one once.

Perspective

Value and benefits of structured decision-making

The interests of justice Consistency of approach

Decisions are made in a fair and objective manner. A structured process saves time in the retiring room.

The accountability of the magistracy to the broader public, including victims and witnesses

Builds confidence in the bench’s ability to administer lay justice. Removes any perceptions of the magistrates making arbitrary and unjustifiable decisions. Imagine: a member of your family is prosecuted for a minor road traffic offence in your home town and another member commits a similar offence elsewhere in the country. You would expect the approach to their treatment and sentence to be similar…

The prosecution and defence

Helps you explain your reasons. Enables a greater understanding of your decision and allows the prosecution or defence to form a view on the appropriateness or grounds for any possible appeal.

Members of the bench not sitting in the chair

Allows all members of the bench to follow the process and participate equally. This can be of particular benefit to new magistrates. As a new chair, this process will give you a clear framework for making your decisions.



Perspective

Value and benefits of structured decision-making

Consistency in sentencing

Increases confidence and credibility in the judicial process. Diminishes arbitrariness

Starting the discussion

How do you begin the discussion in the retiring room? It’s a good idea to start with a

question that focuses everyone’s mind on the first task – identifying the decision.

‘What are the issues we need to decide in this case?’ is a useful question to use to

open the discussion.

In any case, avoid beginning the discussion in too open a way, as in asking the rest

of the bench: ‘What do you think?’ Equally, avoid a beginning that’s too closed,

such as ‘I think….’. The first approach is unfocused; both may lead to a discursive,

unstructured discussion.



An example of structured decision-making

On the next two pages are:

• a case study

• typical questions to ask in structured decision-making

We want you to practise using the questions to reach a verdict decision.

Case Study

Mary is charged with theft from a supermarket.

The agreed facts of the case are that whilst doing her shopping she took a multi-

pack of chocolate bars from the display. The store detective observed this. He then

witnessed Mary open the packet and encourage her two children to eat a chocolate

bar each. The remaining bars were placed inside her shopping bag rather than the

trolley. The packet was not presented at the checkout along with her other goods.

Mary admits she did not pay for these. Her shopping bill came to £130 and was paid

for in cash.

The facts in dispute centre on Mary’s intention to pay for the multi-pack. She states

she was very preoccupied and worried about her husband’s health at the time and

she placed the chocolate bars in her bag whilst being distracted by her children. The

store detective maintains that one of her children was still eating the chocolate in

front of Mary whilst she was paying.



Question 5.5

Note the key points in your decision-making process on this case.

What is the offence?

What does the prosecution need to prove?

What are the agreed facts?

What are the facts in dispute?

What information is relevant?

What information is irrelevant?

What information is missing?

What conclusions do you draw?

What advice would you seek from your legal adviser, if any?

What is your decision?

What reasons would you give?



Commentary This is how we would answer the decision-making questions in this case.

What is the offence? Theft

What does the prosecution need to prove?

She intended to steal the chocolate bars.

What are the agreed facts?

She admits she did not pay for the chocolate bars. She admits encouraging her two children to eat a bar each.

What are the facts in dispute?

She states she forgot about the chocolate bars because of her preoccupied state of mind and did not intend to steal them. The store detective states she could not have forgotten about paying as one of the children was eating a chocolate bar at the checkout.

What information is irrelevant?

The bill was paid for in cash

What information is relevant?

All the remaining details.

What information is missing?

At what point was she detained?

What conclusions do you draw?

Mary is a credible witness and intent to steal has not been proven

What advice would you seek from your legal adviser, if any?

None

What is your decision? Not guilty

What reasons would you give?

We find that the prosecution has not established beyond all reasonable doubt that Mary intended to steal the chocolate bars.



After identifying the decision you need to make and the structure you need to follow,

your next responsibility as chairman is to ensure that discussion follows the

structure, any arguments are fair and reasoned and that you are not being influenced

by irrelevant factors. We need to explain what we mean about ‘irrelevant’ factors.

If you heard Mary’s case with a real defendant, witnesses, prosecution, and defence,

what other factors – apart from those in the structure – might influence your

judgement? Try the question on the next page.



Question 5.6

If Mary’s case were real, tick any of the issues below that you think might influence

your decision-making or that of your colleagues.

• Mary’s appearance and demeanour

• Other witnesses’ appearance and demeanour

• The area where Mary lives

• Whether or not Mary is a foreign national and if so, her immigration status

• The amount of money - £130 – that Mary spends in the supermarket

• Mary’s race or cultural background

• The fact Mary is married and has children: would you feel differently if Mary were a single parent?

• The appearance and demeanour of the advocates

If you’ve ticked one or more of these issues, decide which, if any, would be relevant

to the decision you are making. In what ways are they relevant? What effect may

these factors have on your decision?



Commentary

In a case such as Mary’s, it may be quite easy to see and avoid assumptions. The

point of this question was to stress that we are all influenced by our experience, so

we develop prejudices and preferences as a result. We all have the capacity to

make assumptions.

But, as magistrates, we need to prevent our assumptions and prejudices from

influencing judicial decisions. The chairman has the extra responsibility of ensuring

the decision-making process is impartial. This may sometimes mean challenging

your colleagues when they seem to make assumptions.

In the two examples below, the chairman has been able to clarify the issues by

asking an appropriate, probing question:

During a retiring room discussion about a Bail application, magistrates were

assessing the risk of the defendant absconding. He was a foreign national from

Nigeria who had been resident in the UK for many years. The chairman asked the

question: ‘Would you make the same decision if the defendant was from France?’

The answer was ‘No’, leading to the conclusion that the assessment of risk was

being influenced by the nationality and/or race of the defendant.

In another Bail hearing the brother of the defendant, an Indian with a small local

business, offered to stand as surety for several thousand pounds. The argument in

the retiring room began to focus on whether the surety was sound. The chairman

asked: ‘Would you have the same misgivings if the family were white English?’: the

answer was ‘No’, leading to the conclusion that the assessment of risk was being

influenced by the race of the surety.

As chairman you need to be constantly alert to the factors that may be exerting an

influence on you and your colleagues. Remember to take as many steps as possible

to remove those that are not relevant to the decision-making process.



Activity 5.4

As you attend court over the next few months, observe how different chairmen:

• Start the decision-making process

• Ensure the discussion remains focused

• Use the structured decision-making process

• Challenge prejudicial thinking

• Conduct post-sitting reviews

Review

competence 4.3d: reviewing the day’s sitting with your magistrate colleagues and/or the legal adviser and seeking, receiving and giving feedback.

We hope this final chapter of Taking the Chair in the Magistrates Court has enabled

you to reflect on your role as winger and the chairman’s responsibilities in working

with wingers.

We expect that many of these responsibilities were familiar to you before you began

the chapter, but it’s often useful to step back and review what happens. Perhaps

thinking about the role of chairman might affect the way you conduct your role of

winger also?

We hope this chapter, together with its questions and activities, has enabled you to:

• Reflect on the positive and less positive aspects of working with different

chairmen in the retiring room

• List some complementary roles wingers can play to support the chairman



• Describe the chairman’s role in ensuring the bench work as a team in the

retiring room

• List some benefits of using a structured decision-making process

• Give an example of how to apply structured decision-making in verdict and

sentence decisions and outline the chairman’s role in it

• Revisit the important of recognising and avoiding prejudice and assumption

when making judicial judgements, and identify what the chairman can do to

ensure this

Summary

If you have worked sequentially through the chapters of this workbook, you have

now completed it – although we hope that you’ll continue to reflect on a number of its

activities over the coming months.

We hope the workbook has helped you think about what it means to be a chairman

and the skills you’ll need to use in order to do it well. If you have decided to go on

and become a chairman, you can look forward to your formal training, which will

further develop the ideas we have touched on in the workbook.

In the meantime carry on observing different chairmen when you sit in court. Note

down any issues you don’t understand and clarify them later with your justices’ clerk

or training manager. Identify those chairmen you think have the necessary qualities

to be effective in the chair, and note down what they do or say that makes them so

effective. You can use these chairmen as models for your own behaviour in the

chair.

Remember competence 4.4 requires you to:

a) assess your own performance against the competence framework. Regularly

seek feedback and identify your learning and development needs on a

continuous basis.



b) adapt and develop your own performance in light of changes to law, practice,

procedure, research and other developments. Keep your own resource

materials (eg. bench book, handbooks, guidelines) up to date.

And finally, may we take this opportunity to wish you well in your continued desire to

take the chair!

Taking the chair workbook - cicsplex.co.uk

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