Agenda item

(C) Central Criminal Court Reporting Lines – proposing the creation of a new sub-committee and associated amendments to the Policy and Resources Committee’s Terms of Reference.

For Decision

19 May 2016

(C) Central Criminal Court Reporting Lines

With the next few years to be a particularly important time for the Central Criminal Court in view of the extensive refurbishment works planned for the building, as well as the work of the Recorder and Sheriffs to review and improve working arrangements and practices and to extend the community engagement role, the Central Criminal Court had been identified as an area that would benefit from greater coordination and dedicated attention in terms of Member support and oversight.

The Finance Committee, General Purposes Committee of Aldermen and Policy and Resources Committee had considered this matter and all had agreed that it would be appropriate for the Policy and Resources Committee to create a dedicated Sub-Committee to be responsible for the Central Criminal Court, for a period of five years (to April 2021).

To allow this proposal to be enacted, amendments would need to be made to Committee Terms of Reference. Accordingly, it was recommended that the Court of Common Council approve an amendment to the Policy and Resources Committee’s Terms of Reference to make it responsible for oversight of the management of all matters relating to the Central Criminal Court (as set out at Appendix 1), to allow the Committee to create a Central Criminal Court Sub-Committee.

John Scott asked a question concerning the City Corporation’s wider relationship with the magistracy and the management of its assets relative to that function, suggesting that the terms of reference of the new Sub-Committee be expanded to give it oversight of all of the City’s courts. Members debated the proposal, noting that the General Purposes Committee of Aldermen had recently established a new Aldermen and Magistracy Sub-Committee with a broad remit including looking at such matters. Nonetheless, it was felt on balance that a more strategic look at the City’s management of its court and magistracy related assets would be beneficial and that the Policy and Resources Committee, perhaps through the new Central Criminal Court Sub-Committee, should play a role in this. It was therefore suggested that the report should be referred back to facilitate a more comprehensive consideration of the appropriate remit for the new Central Criminal Court Sub-Committee.

Members were also of differing views as to the question of membership of any Sub-Committee with an expanded remit, with the level of Aldermanic representation the subject of some debate. It was subsequently argued that the Sub-Committee should be expanded such that two additional places were made available for Common Councilmen.

Motion – That the report be referred back to the Policy and Resources Committee for further consideration.

Following further discussion, Members reflected that delaying the creation of the proposed Central Criminal Court Sub-Committee might be unwise, given the rationale for its establishment and the need to begin focusing immediately on the significant volume of forthcoming activity.

The Motion, proposed by Edward Lord and seconded by John Scott, was subsequently withdrawn.

It was suggested that the sensible course of action would be to agree the establishment of the proposed Sub-Committee, but to widen the Policy and Resources Committee’s overall Terms of Reference such that it had oversight of all of the City’s courts. This would allow for the Central Criminal Courts Sub-Committee to begin work in earnest whilst also providing an opportunity for the Policy and Resources Committee to discuss an appropriate mechanism for reviewing the totality of the City’s court provision, following which it might decide to delegate further matters to the new Sub-Committee.

An amendment to the substantive Motion was consequently put.

Amendment – That two further places be made available on the proposed Sub-Committee for Common Councilmen, and that the proposed amendments to the Policy and Resource’s Committee’s Terms of Reference as set out at Appendix 1 be altered as follows:-

• the entry at paragraph (p) be amended such that all references to the Central Criminal Court be altered to read “City Courts”; and
• the entry “Central Criminal Court” at paragraph (q) be struck out and replaced with the word “Courts”.

Upon the Amendment being put, the Lord Mayor declared it to be carried.

The substantive Motion, as Amended, was then put before the Court.

Upon the Motion being put, the Lord Mayor declared it to be carried.

Resolved – That the Court of Common Council approve amendments to the Policy and Resources Committee’s Terms of Reference to make it responsible for oversight of the management of all matters relating to the City’s Courts, and that the number of Common Councilmen on the newly created Sub-Committee be increased to six.