Executive agency overview | |
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Formed | 1 April 2005 |
Dissolved | 1 April 2011 |
Superseding agency | |
Website | www |
This article is part of the series: Courts of England and Wales |
Law of England and Wales |
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Her Majesty's Courts Service (HMCS) was an executive agency of the Ministry of Justice (MoJ) and was responsible for the administration of the civil, family and criminal courts in England and Wales.
It was created by the amalgamation of the Magistrates' Courts Service and the Court Service as a result of the Unified Courts Administration Programme. It came into being on 1 April 2005, bringing together the Magistrates' Courts Service and the Courts Service into a single organisation. On 1 April 2011 it merged with the Tribunals Service to form Her Majesty's Courts and Tribunals Service (from 8 September 2022 His Majesty's Courts and Tribunals Service).
Her Majesty's Courts Service carried out the administration and support for the Court of Appeal, the High Court, the Crown Court, the magistrates' courts, the county courts and the Probate Service in England and Wales.
When established court services were administered by seven regions responsible for 42 local areas. In 2007 this structure was re-organised by reducing the number of areas to 24. The areas are managed by area directors, responsible for the delivery of local services. They work in partnership with courts boards to ensure that the Agency is focussed on its customers and is meeting local needs.
The Government White Paper "Justice for all", published in 2002, recommended that a single agency should be developed to support the delivery of justice in all courts in England and Wales, instead of the magistrates' courts and the Court Service being administered separately.
The Courts Act 2003 created the legal framework required to make the changes. The focus of the programme was to devise a system which would offer improved and consistent services to court users by providing:
On 31 March 2005, responsibility for the 42 existing magistrates' courts committees and Court Service passed to Her Majesty’s Courts Service.
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The Probation Service for England and Wales is a statutory criminal justice service, mainly responsible for the supervision of offenders in the community and the provision of reports to the criminal courts to assist them in their sentencing duties. It was established in its current form by the Criminal Justice and Court Services Act in April 2001, but has existed since 1907 as a set of area-based services interacting at arm's length with central government.
The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales.
A police authority in the United Kingdom is a public authority that is responsible for overseeing the operations of a police force. The nature and composition of police authorities has varied over time, and there are now just four dedicated "police authorities" in the United Kingdom, although the term can refer to various similar successor bodies.
The Children and Family Court Advisory and Support Service (Cafcass) is a non-departmental public body in England set up to promote the welfare of children and families involved in family court. It was formed in April 2001 under the provisions of the Criminal Justice and Court Services Act 2000 and is accountable to Parliament through the Ministry of Justice. Cafcass is independent of the courts, social services, education, health authorities and all similar agencies.
The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.
A court clerk is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witnesses, jurors, and grand jurors as well as performing some quasi-secretarial duties.
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
A district court was the least authoritative type of criminal court of Scotland. The courts operated under summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the district councils established under the Local Government (Scotland) Act 1973. Following the passage of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the Scottish Parliament, the Scottish Ministers abolished the district courts and transferred their functions to the justice of the peace courts, which are administered by the Scottish Courts and Tribunals Service and subject to the authority of the Lord President of the Court of Session.
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.
An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or Northern Ireland Executive. Executive agencies are "machinery of government" devices distinct both from non-ministerial government departments and non-departmental public bodies, each of which enjoy legal and constitutional separation from ministerial control. The model has been applied in several other countries.
Lancashire Probation Trust is a criminal justice agency responsible for punishing and rehabilitating offenders in Lancashire, England.
His Majesty's Courts and Tribunals Service (HMCTS) is an executive agency of the Ministry of Justice. It was created on 1 April 2011 by the merger of Her Majesty's Courts Service and the Tribunals Service.
A justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.
From 1949 to 2005, magistrates' courts committees (MCCs) had overall responsibility for management of the magistrates' courts service within their areas in England and Wales.
The Attorney General of New South Wales, in formal contexts also Attorney-General or Attorney General for New South Wales and usually known simply as the Attorney General, is a minister in the Government of New South Wales who has responsibility for the administration of justice in New South Wales, Australia. In addition, the attorney general is one of the Law Officers of the Crown. Along with the subordinate Solicitor General, Crown Advocate, and Crown Solicitor, the attorney general serves as the chief legal and constitutional adviser of the Crown and Government of New South Wales.
Magistrates are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates decide on offences which carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court which deals with criminal matters involving young people aged 10-17. Established over 650 years ago, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.
The New South Wales Department of Communities and Justice, a department of the Government of New South Wales, is responsible for the delivery of services to some of the most disadvantaged individuals, families and communities; and the administration and development of a just and equitable legal system of courts, tribunals, laws and other mechanisms that further the principles of justice in the state of New South Wales, Australia. It also provides services to children and young people, families, people who are homeless, people with a disability, their families and carers, women, and older people. The department is the lead agency of the Stronger Communities cluster of the New South Wales government.