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Dept for Constitutional Affairs

Answer

Mr. Pope: To ask the Parliamentary Secretary, Department for Constitutional Affairs what guidance is given to magistrates on ensuring that each warrant application for energy disconnection made under the Rights of Entry (Gas and Electricity Boards) Act 1954, as amended, receives a rigorous and consistent verification; and if he will make a statement. [204118] Mr. Leslie: The responsibility for training magistrates, and the legal advisers who advise them, currently rests with the 42 Magistrates Courts' Committees (MCC)s. Each MCC has its own procedures and advice to applicants, magistrates and legal advisers for dealing with such applications. These may vary between areas, but all will require applications to be made in the courthouse, and either in the presence of a legal adviser, or with a legal adviser in attendance to give advice if required. The Judicial Studies Board advises nationally on training for magistrates. Although the JSB has given no direct guidance or advice on right of entry or disconnection warrants, it did include applications for these warrants as part of its training material on the Human Rights Act. The exercise dealt with issues of "fair trial" and "proportionality". It is likely that as a result of that MCCs reviewed their procedures to ensure that they complied with the Human Rights Act.

Secondary information

Type

Written question

Reference

204118; 428 c873W

Session

2004-05

Subjects

Applications Energy supply Disconnections Powers of entry Magistrates' courts Magistrates Training Utilities

Link

View this Written question on www.publications.parliament.uk