Magistrates and Justices of the Peace

• Magistrates, also known as Justices of the Peace (JPs), are lay volunteers who hear cases in the Magistrates’ Court.
• Magistrates are unpaid but can claim expenses.
• There are approximately 12,630 JPs.
• Magistrates are assisted by a legally qualified Clerk to the Justices.
• District Judges (Magistrates’ Court) or DJMCs are professional, salaried, and legally qualified magistrates who serve full-time.
• There are approximately 300 DJMCs.
• Since 2005, the Judicial Appointments Commission (JAC) has been involved in the appointment of Magistrates.
• The role of Magistrate dates back to the late 12th century.
• Richard I appointed knights to preserve peace, holding them responsible to the King for upholding the law.
• The title ‘Justice of the Peace’ originates from the 14th century.
• Today, magistrates’ powers are governed by the Justices of the Peace Act 1997 and the Courts Act 2003.
• The number of magistrates decreased from 25,000 in 2012 to approximately 12,650 in 2021.
• Cases are heard by a bench of three magistrates, assisted by a Magistrates Clerk.
• The magistrate sitting in the middle is the Presiding Justice, or Chair.

Eligibility Criteria

• Candidates must be between 18 and 74 years old.
• Candidates must be willing to take an Oath of Allegiance to the Crown.
• Candidates must permanently reside in Wales or England.
• Candidates must commit to sitting for at least 26 sessions per year.
• No formal qualifications are required.
• Candidates must possess five key attributes.
• Magistrates are expected to sit for five years.
• The appointment process can take 12-18 months.
• Candidates whose jobs have a conflict of interest may not become magistrates.

Five Key Attributes

• Making fair, impartial, and transparent decisions.
• Understanding and appreciating different perspectives.
• Communicating with sensitivity and respect.
• Showing self-awareness and being open to learning.
• Working and engaging with people professionally.
• These replaced the six key qualities: Good character, Understanding and Communication, Social Awareness, Maturity and sound temperament, Sound judgement, Commitment and Reliability.

Selection and Appointment

• Applicants must visit their local Magistrates’ Court twice in the six months before applying.
• Applicants must provide two referees.
• Local Advisory Committees select candidates based on merit.
• Committees comprise 12 members, including current and former JPs, non-magistrates, and the Lord Lieutenant of the county.
• The aim is to create a bench representative of society.
• Applications include questions on personal information, eligibility, and good character.
• The Magistrates Recruitment Qualifying Assessment focuses on potential judicial aptitude through realistic scenarios.
• The interview stage assesses personal attributes and ensures no impact on public trust.
• Interviews usually occur within 12 weeks of the assessment.
• Successful candidates undergo pre-appointment checks.
• Local Advisory Committees submit names to the Lord Chief Justice.
• The Lord Chief Justice then appoints on behalf of the King.

Training

• Magistrates undertake mandatory training after appointment to develop necessary skills.
• Before 1998 there was criticism about the limited training for new JPs.
• The Magistrates National Training Initiative (MNTI) was introduced in 1998.
• Training is carried out locally by the Magistrates Association and the Justices’ Clerks’ Society.
• Training is overseen by the Magisterial Committee of the Judicial College.
• Training is based on four competencies: Managing Yourself, Working as a Team, Making Judicial Decisions, and Managing Judicial Decisions.
• Initial Training is an introduction to the basics of the role, after which JPs may sit in court with two experienced magistrates.
• Core Training allows new JPs to acquire legal skills, knowledge, and understanding and includes visits to prisons and probation services.
• Consolidation Training builds on learning from court sittings and core training.
• Magistrates have access to a specially trained magistrate to mentor and guide them in their first months.
• After 12-18 months, a mentor and magistrate agree that they are ready to be appraised by a specially trained magistrate observing the new magistrate.
• Magistrates should take ongoing Continued Professional Development (CPD) for updates to sentencing policy.
• JPs receive further training for sitting on cases in the Youth and Family Courts.

Advantages of Training

• Training is more structured, formal, and meaningful.
• Training ensures certain standards, leading to more confident JPs.
• The supportive mentoring system and appraisals identify new targets and areas for future development.

Disadvantages of Training

• The lengthy process may discourage potential candidates.
• Training incurrs costs.

Lay Magistrates’ Role

• Similar to juries, the magistracy allows ordinary citizens to participate in the legal system.
• It prevents domination by legal professionals and informs courts of community concerns.
• The idea that JPs are ‘middle-class, middle-aged and middle-minded’ is disproven as the magistracy provides a wider cross-section of society.
• In 2021, 51% of JPs were female.
• Approximately 13% of JPs are from the BAME community.
• Currently only 4% of JPs have a disability and are actively encouraged to apply.
• Very few JPs are under 30 (1% in 2021), with an average age of 58.

Inexpensive Justice

• JPs are unpaid, making their use in the criminal justice system inexpensive.
• It is cheaper to have a hearing in the Magistrates’ Court than the Crown Court.
• The average cost of a contested trial is £13,500 in Crown Court compared to £1,500 in Magistrates Court.
• The average cost of a guilty plea is £2,500 in Crown Court compared to £500 in Magistrates Court.
• Cases are dealt with more quickly in the Magistrates’ Court.
• JPs deal with 97% of criminal cases annually.
• The direct cost of a lay magistrate is around £500 per year, whereas a DJMC costs £90,000.

Balanced View and Correct Decisions

• A bench of three JPs provides a balanced view.
• There are very few successful appeals (approximately 3%) against JPs' decisions.
• Successful appeals are usually on the length of sentence, not conviction.

Local Knowledge

• JPs have local knowledge of community problems affecting crime rates and types.

Qualifications

• Since the introduction of the MNTI and Magistrates Clerk availability, the magistracy has become less amateur-like.
• Availability is crucial, as magistrates must sit at least 26 sessions per year.

Criticisms

• Critics say JPs do not know the law, though they only need to act ‘judicially and impartially,’ knowing procedure and evidence basics.
• This has improved since the MNTI introduction.
• They are supported by a legally qualified Magistrates Clerk.
• Magistrates can be slow in reaching decisions.
• Critics suggest they rely too much on the clerk, whose duty is to guide them on law, practice, and procedure as per S.28 Justices of the Peace Act 1979.
• The Local Advisory Committee aims to achieve a wide cross-section of society, but JPs tend to be ‘middle-class, middle-aged, and middle-minded’.
• JPs are usually from professional backgrounds, with little in common with young, working-class defendants.
• While women are well represented, there is a lack of young people and ethnic minorities.
• There is great variation in sentencing between counties and even courts in the same area.
• Sentencing Guidelines have improved consistency.
• JPs are often described as being too prosecution-minded and pro-police.
• The conviction rate in the Magistrates’ Court is twice as high as in the Crown Court.
• Despite the low direct cost, lay magistrates incur more indirect costs than paid judges as they are slower and need more support from the Magistrates Clerk.

Reform of Magistrates

• The Single Justice Procedure (Criminal Justice and Courts Act 2015) allows a single JP to deal with summary non-imprisonable offences.
• Defendants pleading guilty go through the SJP, while those pleading not guilty go to a hearing in open court.
• A single Magistrate advised by a lawyer decides the case on paperwork.
• Potential reforms include creating police courts, recruiting younger Magistrates, increasing the Magistrates sentencing powers.
• Government policy goals include increasing the Magistrates sentencing powers from 6 months to 12 months and decreasing the number of trials that are adjourned.