| Are you magistrate
material ? Justice in the magistrates' court
in England and Wales relies on people like you. Perhaps you have already thought
about becoming one but were unsure about applying; perhaps it is something that
you have not thought about before. What
exactly do magistrates do?
Magistrates, also known as Justices of the
Peace, carry out their duties locally and deal with most criminal cases. They
consider the evidence in each case and reach a verdict. If a defendant is found
guilty, or pleads guilty, they decide on the most appropriate sentence. Magistrates
deal with the less serious criminal cases such as minor theft, criminal damage,
public disorder and motoring offences. When sitting in the Family Proceedings
Court they deal with a range of issues affecting families and children, and on
special committees they deal with licensing applications from public houses, betting
shops and gaming clubs.
Would I be on
my own?
No. You would normally sit as one of a 'Bench' of three magistrates,
including one who has been trained to take the chair and helps guide the Bench
through its business and speaks for it. There is always a qualified court clerk
to advise on law and procedure.
What
sort of people become magistrates?
They are people with common sense
and personal integrity; they have a good knowledge of people and their local community
and have the ability to listen to all sides of an argument and contribute to fair
and reasonable decisions. You must, of course, be reliable and have the time to
give to this important task. Magistrates come from a wide range of backgrounds
and occupations.
Do I need any formal
qualifications?
No. Formal or academic qualifications are not required.
Do
I need knowledge of the law?
No. Each Bench has a court clerk who is
legally qualified. The clerk is there to advise you on relevant aspects of the
law and you will have sentencing guidelines to help you.
Will
I be trained?
Yes. You will be given a programme of practical training
which will prepare you to sit in court as a lay person. This is compulsory and
involves talks and discussions and practical exercises, observing in court and
visits to prison establishments. Most of the training takes place outside working
hours.
Will it be very time consuming?
You
will be required to sit for a minimum of 26 half days each year and to be available
for full day sittings. The Lord Chancellor hopes that most magistrates will sit
for about 35 half days.
Arrangements for sittings are worked out well in advance
on a rota basis and it is usually possible to make changes in an emergency. Training
and meetings are an additional commitment, but are often held outside working
hours. If you have more time to spare you may volunteer, when you are sufficiently
experienced, for extra sittings or train to join the Family or Youth Panels, the
Betting and Gaming or Licensing Committees. It is very important to be certain
when applying that you can give the commitment required.
What
does the selection process involve?
The Lord Chancellor appoints magistrates
on the advice of local Advisory Committees; in Lancashire, Greater Manchester
and Merseyside appointments are made by the Chancellor of the Duchy of Lancaster.
If you are interested you will be asked to complete an application form and the
Advisory Committee may invite you to one or possibly two interviews to discuss
the duties of a magistrate, your views on crime and punishment and what qualities
you might bring to the magistracy. It is important that Benches should, as far
as possible, reflect the communities they serve and each year Advisory Committees
look at the needs of Benches, not only in terms of the numbers required, but also
in terms of maintaining a balance of gender, ethnic origin, where people live,
occupation, age and social background. Not everyone who applies will be interviewed,
not everyone who is interviewed will be appointed. You would, of course, be informed
of the result of your application.
Are
there any restrictions on who may apply?
Yes. You should live or work
near to the Bench to which you apply to be appointed. Very few people are automatically
disqualified. An undischarged bankrupt may not be appointed or anyone who has
been convicted of a serious offence. Minor motoring offences will not normally
disqualify you. Work for court associated organisations (e.g. police, probation,
prison service) or a relationship with someone working for them will need some
special consideration to avoid any conflict of interest arising, and may debar
you from appointment.
What are the age
limits?
People between 27 and 65 years of age are eligible to apply.
Magistrates must retire from the Bench at the age of 70.
Do
magistrates get paid?
No. Magistrates give up their time for the vital
task of administering justice on a voluntary basis. Many employers allow time
off with pay. However, if you suffer loss of earnings, you may claim a loss allowance
at a set rate. Allowances for travel and subsistence may also be claimed.
How
do I find out more or make an application?
To help you decide whether
you would like to be a magistrate you must visit a magistrates' court and see
a court in action. Further information and an application form may be obtained
from your local Advisory Committee or through our contact
page.
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