AS Law (8): Magistrates

• 85% of the judiciary are Magistrates
• Justices of the Peace Act 1997 and Courts Act 2003


  Acts that govern the functions and powers of Magistrates
• No formal legal qualifications are needed to become a Magistrate
• A bench of three Magistrates usually sit together to try a case
• Legal advisor/court associate


  Advises Magistrates on the law
• Barrister or Solicitor


  Qualifications needed by the person who advises Magistrates on the law
• Commitment required of Magistrates

  • Be available for 13 full working days or 26 half days
  • Be available to serve for at least 5 years
• The statutory age of retirement for Magistrates is 75
• People unable to apply to become a Magistrate

  • Police officers
  • Armed forces
  • Traffic wardens
• Having a criminal record does not automatically bar application to the magistracy, the Senior Presiding Judge will give careful consideration to factors such as the nature and seriousness of the offence and when it occurred
• Attributes Magistrates are expected to demonstrate

  • Make fair, impartial and transparent decisions
  • Communicate with sensitivity and respect
  • Show self awareness and open to learning
  • Work and engage with people professionally
• Key qualities Magistrates were expected to demonstrate prior to the five attributes

  • Good character
  • Good understanding and communication skills
  • Social awareness
  • Maturity and sound temperament
  • Sound judgement
  • Commitment and reliability
• Process for becoming a Magistrate

  1. Observe proceedings in a magistrates court at least twice

  2. Ask your employers for a reference saying they are happy for you to do so

  3. Apply on a form

  4. Once selected, you will be presented with a series of scenarios that magistrates experience

  5. Virtual meeting(75 minutes) with the advisory committee
• The Advisory Committee has to agree to the decision before recommendation to the Ministry of Justice if the candidate is successful at the second interview stage
• The Senior Presiding Judge has the final decision over which Magistrates are appointed
• The Senior Presiding Judge acts on behalf of the Lord Chief Justice
• Role of Magistrates in criminal cases

  Listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions and then decide on the verdict
• Family matters Magistrates may get involved with

  • [Not provided]
• The Judicial College organises the training for Magistrates
• Training for Magistrates in their first year

  • Attend induction training and are assigned a trained mentor who provide close supervision and support
  • Consolidation training
  • Court observations
  • Unconscious bias training
  • Visits to prisons and probation services (for adult court magistrates)
• Magistrates are appraised 12–18 months after appointment and then at least every four years
• As well as continuation training, magistrates are required to undertake training that the College considers essential, including training on domestic abuse, modern slavery, sentencing guidelines, and case management
• Grounds for dismissal of a Magistrate

  • On the ground of incapacity or misbehaviour
  • Persistent failure to meet such standards of competence
  • Declining or neglecting to take a proper part
• Advantages of Magistrates


  • Cost-Magistrates are unpaid, but judges earn £90,000. Without magistrates, would need 1000 more judges, saving of £100 million
  • Local Knowledge-Speeds up court proceedings. Live in a local area as they know local news
  • More available than judges as no training is required. 1000 more judges would be required
  • Representative of Society-people from all ethnicities. 57% are women and 13% are of a BAME background
  • Public confidence- Like everyone else, and have life experiences. In a survey 2000 +2001, people said they would not lessen magistrates' roles
  • Case Hardened-May judge defendants on a case before
• Disadvantages of Magistrates


  • Unrepresentative of society- Only people with free time. Magistrates tend to be middle aged. 50% of magistrates above 60 but most defendants under 25
  • Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor
• I think the magistracy could be reformed by embracing more diversity from BAME backgrounds and underprivileged backgrounds