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, magistrates deal with a range of issues affecting families and children. Local Authorities are now responsible for giving or refusing licenses to people who want to sell alcohol to the public. But an applicant may appeal to local magistrates against a Local Authority decision. Magistrates also form Betting and Gaming Committees, which have the power to give licenses to run betting shops.
Do magistrates sit on their own?
No. Magistrates 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 legally qualified court clerk to advise on law and procedure.
What sort of people become magistrates?
Magistrates come from a wide range of backgrounds and occupations. Magistrates 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. They must, of course, be reliable and have time to give to this important task.
Do magistrates have to have formal qualifications, or knowledge of the law?
No. Formal or academic qualifications are not required. No knowledge of the law is required because each Bench sits with a court clerk who is legally qualified. The clerk is there to advise magistrates on relevant aspects of the law and sentencing guidelines are also provided.
Do magistrates undergo training?
Yes. Magistrates are given a programme of practical training which prepares them to sit in court. This is compulsory and involves talks and discussions and practical exercises, observing in court, and visits to prison establishments. Most training takes place outside of working hours.
Is being a Magistrate time consuming?
Magistrates are required to sit for a minimum of 26 half days each year and to be available for full day sittings. The Secretary of State for Constitutional Affairs and 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 a magistrate has more time to spare, then they may volunteer, when sufficiently experienced, for extra sittings or train to join the Family or Youth Panels, the Betting and Gaming or Licensing Committees. It is important that anyone considering applying to become a magistrates is certain that they can give the commitment required.
How are magistrates selected and appointed?
The Secretary of State for Constitutional Affairs and Lord Chancellor appoints magistrates on the advice of local Advisory Committees (although in the case of Lancashire, Greater Manchester and Merseyside, appointments are made by the Chancellor of the Duchy of Lancaster). Those interested in appointment, will be asked to complete an application form and the Advisory Committee may then invite the candidate to one or possible two interviews to discuss the duties of a magistrate, their views on crime and punishment, and what qualities an individual 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.
Are there any restrictions on who may apply?
Yes. Candidates should live or work near to the Bench to which they 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 special consideration to avoid any conflict of interest arising, and may debar you from appointment.
What are the age limits to becoming a magistrate?
You must be a minimum of 18 years old to apply. Magistrates retire from the bench at the age of 70 and the Lord Chancellor normally expects a period of five years service before retirement and will not generally appoint anyone who is aged over 65.
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 a magistrate suffers loss of earnings, they may claim a loss allowance at a set rate. Allowances for travel and subsistence may also be claimed.
More detailed information about the application process can be obtained from the appointments section of this site. You can also contact your local Magistrates' Advisory Committee [PDF 285kb, 8 pages] who will be able to help.