History of the magistracy
''Magistrate'' derives from theMagistrates
The titles "magistrate" and "justice of the peace" are interchangeable terms for basically the same thing, although today the former is commonly used in the popular media, and the latter in more formal contexts. Magistrates sit in tribunals or "benches" composed of no more than three members. Although three is the usual number, a bench is properly constituted with two members. However, if they sit as two on a trial and disagree about the verdict, a retrial will be necessary (see ''Bagg v Colquhoun'' (1904) 1KB 554). Magistrates deal with around 97 per cent of criminal cases in England and Wales. A single magistrate sitting solo can deal with remand applications, issue search warrants and warrants for arrest as well as conducting early administrative hearings. Since 2015, a single magistrate handles under the "single justice procedure" criminal cases where defendants plead guilty or do not respond to summons; 535,000 cases were heard this way in 2020. On a bench of two or three, the magistrate who speaks openly in court is formally known as the Presiding Justice, or more informally as the chair, chairman or PJ. When sitting three magistrates on the bench, the chairman will sit in the middle. The magistrates sitting on either side of the chairman are known as "wingers". Magistrates deal with less serious criminal cases, such asQualifications
There are no statutory requirements as to the qualifications of a magistrate. There are, however, six core requirements as to the character of candidates for the magistracy, as laid down by theLocality and commitment
Until the passage of the Courts Act in 2003 it was necessary for magistrates to live within 15 miles of the commission area for the court in which they sat. As a commission area was usually co-terminous with a county or metropolitan area, they could live a considerable distance from the court in which they sat. However, the Act introduced a single commission area for the whole of England and Wales. The country is divided into local justice areas and magistrates are expected to either live or work within reasonable travelling distance of their court. Magistrates must commit themselves to sitting for a minimum of 26 half days each year. A 'half-day' sitting typically lasts from 10am to 1pm or from 2pm to 5pm, with new magistrates taking over the afternoon session. On other benches, sittings are organized with magistrates attending to sit for the whole day. Magistrates are expected to attend half an hour before sitting for preparation and a briefing about the case list from their legal adviser.Restrictions on appointment
Subject to the Lord Chancellor's discretion, a number of activities and occupations, including the occupations of a spouse or partner or other close relative, may give cause for concern in relation to the perceived impartiality of the bench and corresponding risk to the right to a fair trial. For example, a candidate will not normally be eligible if: *they are a member of the police service. *they are a member of, or have been selected (formally or informally) as a prospective candidate for election to, any parliament or assembly. *they are an undischarged bankrupt as it is unlikely that they would command the confidence of the public. *they are a probation officer *they are a member of a Youth Offender Panel or Youth Offending Team *they are a member of a Crime and Disorder Reduction Partnership *members of the Crown Prosecution Service When considering candidates who have been subject to any order of a court (civil or criminal), various factors, including the nature and seriousness of the offence, will be considered before an appointment is made. Magistrates deal with motoring offences, and while minor motoring offences are not usually an issue, serious motoring offences, or persistent offending, might disqualify them. If they have had their licence suspended for less than twelve months in the past five years, or for twelve months or more in the past ten years, they will generally not be recommended for appointment. Members of the following professions are prohibited from serving as magistrates, but may have individual circumstances which means their employment is not incompatible with magistracy: Prison service employees; employees of the NSPCC; members of HM Armed Forces unless there is no realistic likelihood of a foreign posting; 'Mackenzie friends'; victim and witness support workers; Members of the following professions are usually permitted to serve as magistrates, subject to certain exceptions depending on their individual circumstances or requirements not to sit in certain types of cases: Members of Local Authorities; Police employees two years after leaving police employment; traffic wardens; individuals connected to the police; Civil servants and employees of executive agencies; employees of local authorities; ministers of religion; social workers and care managers; educational welfare officers; licensees; bookmakers; members of prison Boards of Visitors and prison lay observers; employees of the Citizens Advice Bureau; members of Neighbourhood Watch Schemes; members of police authorities or probation boards; members of parole boards; members of crime prevention panels; interpreters; Sheriffs. In any of the above cases, reference should be made to the Lord Chancellors directions and the Advisory Committees will make a determination in specific cases.District judges (magistrates' court)
Prior to 31 August 2000, district judges (magistrates' court) were known as stipendiary magistrates (i.e. magistrates who received a stipend or payment). Unlike magistrates, district judges (magistrates' court) sit alone. Some district judges have been appointed from the ranks of legal advisers to the magistrates' court and will be qualified solicitors or barristers. Questions have been raised by the Magistrates' Association as to the legal safeguards of a single district judge being allowed to hear a case, decide the outcome and pass sentence without reference to another tribunal member,. Originally, deputy district judges could only be drawn from barristers and solicitors of at least seven years' standing. However, in 2004, calls for increased diversity among the judiciary were recognized and the qualification period was changed so that, as of 21 July 2008, a potential deputy district judge can satisfy the judicial-appointment eligibility condition on a five-year basis.Appointment
In the year to 31 March 2020, 1,011 Magistrates were appointed to and 1,440 Magistrates left the position. The appointments are made by theLocal advisory committees
These committees are responsible for selecting suitable candidates for the magistracy. They comprise a maximum of twelve magistrate and non-magistrate members. The membership of local advisory committees used to be confidential but following reform in 1993 all names must be published. Local advisory committees have regard to the composition of local benches, especially the numbers needed to process the work, and the balance of gender, ethnic status, geographical spread, occupation, age and social background. Anyone who meets the basic requirements can put themselves forward as a candidate for the magistracy. In fact, many local committees advertise for candidates, mounting campaigns to attract a diverse range of people. Advertisements are placed in local papers, newspapers, magazines aimed at ethnic groups, or even on buses. In Leeds for example, committees have used the radio to invite potential candidates to attend their local magistrates' court open evening.Interview panels
The first stage of the selection process is the submission of a detailed application form, from which potential magistrates are first sifted to check eligibility to apply and basic suitability. Then, those who are eligible, will be invited to a first interview where selectors from the local advisory committee will seek to establish more about the candidates' personal qualities and whether or not they possess the six key qualities required. The interviewers also use the opportunity to explore the candidates' attitudes on various criminal justice issues such drink driving, juvenile crime or vandalism. If successful at the first interview, the candidate will be invited to a second interview where they will discuss some practical examples of the type of cases with which magistrates deal. Typically, this will involve a discussion of at least two case studies which are typical of a magistrates' court. In both interviews the candidate will be assessed against the core competencies. This is designed to assess and explore the potential candidates' judicial aptitude. Following the interview stage, the committee will submit the names of those who they assess as being suitable for appointment, to theMagistrates' duties
A magistrate primarily deals with criminal cases, although they have a civil jurisdiction and can also choose to specialise in the family proceedings court. The civil cases they deal with include issuing warrants of entry to the utility companies (gas, water and electricity), enforcing payment of council tax, as well as appeals from local authority licensing decisions regarding pubs and clubs. All criminal cases start in the magistrates' courts, and 97 per cent are concluded there. There are three types of criminal offence: *summary offences – such as most motoring offences, less serious assaults and many public order offences, which can only be dealt with in the magistrates' courts. For these offences, magistrates will decide bail (in the more serious cases), taking a plea – guilty or not guilty – deciding verdict and passing sentence. * triable either-way offences – such as theft, fraud, criminal damage (value of damage over £5,000), assault occasioning actual bodily harm, some less serious sexual offences, dangerous driving. In these cases, magistrates decide venue (magistrates' court or Crown Court) after hearing representations from the prosecution and defence. If they decide on trial in the magistrates' court, the defendant can still elect trial at the Crown Court. Otherwise, magistrates will have the same powers as summary offences – dealing with bail, passing sentence, etc. *indictable-only offences – these are the most serious cases such as murder, rape and robbery, which can only be dealt with by trial on indictment at the Crown Court. Nevertheless, the first hearing of such cases is in the magistrates' court where the bench considers bail and then sends the case to the Crown Court. Single magistrates do not normally hear cases on their own, although they do have a limited jurisdiction. They usually sit as one of a bench of three magistrates, together with a qualified legal adviser who can advise them on matters of law and procedure.Youth & family proceedings courts
For young offenders aged between 10 and 17 years, there are special arrangements. Youth courts are set apart from the adult courts and the procedures are adapted to meet the different needs of younger persons, for example by requiring the attendance of parents and ensuring that everything is explained in appropriate language. Members of the public are generally excluded from the youth and family proceedings courts and, although the press may attend, there are restrictions on what they can report. Magistrates sitting on the youth court are members of youth panels which meet regularly for training and administrative purposes. Youth magistrates receive specialist training in the youth court, and are mentored and appraised in that role. A youth court must usually include one male and one female member. Likewise, there is also a special panel for the family proceedings court which deal with private and public family cases. These include applications for non-molestation orders, occupation orders, adoption orders, maintenance cases, and proceedings under theTraining of magistrates
Section 19(3) of the Courts Act 2003 states that the Lord Chief Justice must provide training for magistrates. In practice this is delivered by the Judicial College (formerly the Judicial Studies Board) and follows the ''National Training Programme for Magistrates'' which aims to support the learning and development of magistrates to a consistent standard across England and Wales. The initial classroom-based induction training takes place over a minimum of 3 days, and must be completed before a magistrate can be appointed. The training includes topics such as judicial awareness, trial procedure, structured approaches to verdict and sentence, common sentencing options, a particular focus on the sentencing of traffic offences, bail and case management. Twelve months after appointment, magistrates are required to attend a further consolidation training which aims to reflect and build on their experience and competence as a magistrate. All magistrates are required to visit a prison establishment, a young offenders institution and a probation service facility, and are required to have observed the court on at least three occasions prior to the completion of their initial training. Further essential training is delivered regularly by the Judicial College, to ensure that magistrates remain competent and confident in performing their role. Essential training is identified and agreed by the magisterial criminal and family subcommittees of the Judicial College, however local Training, Approvals, Authorisations and Appraisals Committees (TAAACs) may also identify specific local training needs that are dealt with at a local level. A compulsory "first continuation" training takes place for all magistrates who have been sitting for at least three years, and who were deemed competent at their threshold appraisal. The National Training Programme aims to encourage a culture of continuous professional development, which is supported by a programme of training, mentorship, self-assessment, objective assessment via appraisal, and regular post-court reviews.Mentors
All new magistrates are provided a personal development log and are allocated a mentor, an experienced magistrate who has been specially trained to take on this role. The mentor will advise, support, and guide the magistrates, particularly during the first few months. A new magistrate will have a minimum of six formal sittings attended by their mentor, each of which is followed by an opportunity to discuss the days business and help to consolidate and apply their initial training. The magistrate will reflect on how they have applied the knowledge and skills developed during their initial training and, using the competence framework, will consider whether or not they have any further training and development needs.Appraisal
A threshold appraisal takes place after one year of sitting as a magistrate. This is conducted by an appraiser who is an experienced magistrate specially trained for the role. Following the sitting, the magistrate and the appraiser use the competence framework for magistrates to assess the appraisee's performance and to identify if the magistrate has any outstanding training needs. All magistrates are appraised every four years in each of the judicial roles they perform, except for Presiding Justices, who are appraised every 2 years. If extra training is given and the magistrate cannot demonstrate that they have achieved the necessary competency level, the matter is referred to the local advisory committee, who may recommend to theTraining for additional roles
Experienced magistrates may choose to take on additional roles and responsibilities, such as becoming a Presiding Justice, sitting in the family or youth courts or becoming an appraiser or mentor. Requirements for authorisation in these roles depend on having acquired the pre-requisite experience and having been deemed competent in their last appraisal. There is additional compulsory training required for these roles, which is delivered by the Judicial College.Retirement and removal
Retirement
The statutory retirement age for magistrates is 75 years. The retirement age was, until 2021, 70, but any magistrates who had to retire at 70 and who are still under 75 may apply for reinstatement if they wish. When magistrates reach retirement age, their names are placed on the Supplemental List. Although they can no longer sit as magistrates, they are able to carry out minor administrative functions, the signing of official documents. Magistrates may of course resign their office at any time. Magistrates moving out of the judicial area are placed on the Supplemental List until there is a vacancy in the new area.Removal
According to Section 11 of the Courts Act 2003 and Section 314 of The Constitutional Reform Act 2005, theThe justices' clerk
The principal adviser to a bench or benches of magistrates is the justices' clerk, appointed under the Courts Act 2003 by the Lord Chancellor. The justices' clerk will be a qualified solicitor or barrister of at least five years' standing. The vast majority of magistrates' courts are taken by the justices' clerk's assistants who are known as magistrates' clerks, court clerks or legal advisers. Their primary role is to provide legal advice to magistrates in the court room and in their retiring room, as well as assisting in the administration of the court business. The clerk's duty is to guide magistrates on questions of law, practice and procedure. This is set out in the Justices of the Peace Act (1979) s 28(3) which provides: Although the clerk can assist the magistrates in their decision-making (e.g. advising on the sentencing guidelines of higher courts, or on the admissibility of evidence), he/she should not participate in the factual decision-making process. Neither should he/she automatically accompany the magistrates when they retire to make their decisions, although they can be invited to join them. This principle has been upheld in case law, such as the case of ''R v Eccles Justices, ex parte Farrelly (1992)'' in which the Queen's Bench Divisional Court quashed convictions because a court clerk had apparently participated in the decision making process. A justices' clerk has the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and make directions in criminal and family proceedings. The justices' clerk may delegate these functions to a legal adviser (referred to as "assistant justices' clerk" in the relevant legislation).The Role of the Justices' Clerk and the Legal Adviser, Justices' Clerks' Society, December 2008. The Crime and Disorder Act 1998 also gives clerks the powers to deal with early administrative hearings.Evaluations of magistrates
Over the last fifteen years, there have been a number of research papers and reviews of the role of magistrates, with many observations being made:Composition of the bench
Magistrates have been perceived as middle-class, middle-aged and middle-minded and this has some foundation in fact. ''The Judiciary in the Magistrates' Court (2000)'' report found that magistrates were overwhelmingly from professional and managerial backgrounds and 40 per cent of them were retired from full-time employment. The majority of magistrates are within the 45–65 age range and the appointment of magistrates under the age of 30 is still rare although there are a few notable exceptions. For example, in 2006 a 19-year-old law student, Lucy Tate, was appointed making her Britain's youngest magistrate. The majority (56%) of magistrates are female. This compares to 32% of professional judges. Ethnic minorities are reasonably well represented. According to ''The National Strategy for the Recruitment of Lay Magistrates (2003)'', 6 per cent of magistrates are of an ethnic minority background which is close to the 7.9 per cent of the population as a whole. Again this compares favourably with the professional judiciary which only has 1 per cent membership from ethnic minorities. This comparatively high level of ethnic minorities in the magistracy is largely a result of campaigns to attract a wider range of candidates, such as that launched by thePublic confidence
In their report, Professor Rod Morgan and Neil Russell demonstrated that there was lack of public understanding about magistrates: 33% of the public thought that magistrates were legally qualified. Professor Andrew Sanders (Sanders 2001) found a low level of public confidence in magistrates' courts based on a British Crime Survey, a MORI poll and focus groups with the public and with offenders. Lord Justice Auld was scathing about these aspects of the research, stating in his report that "it is one thing to rely on uninformed views of the public as a guide to what may be necessary to engender public confidence, and another to rely on such views as an argument for fashioning the system to meet them. Public confidence is not an end in itself; it is or should be an outcome of a fair and efficient system. The proper approach is to make the system fair and efficient and, if public ignorance stands in the way of public confidence, take steps adequately to demonstrate to the public that it is so." A number of initiatives have been formulated to improve community relations: "Magistrates in the Community" which deals with public relations at a local level, such as presentations to schools, colleges and community groups; the National Magistrates' Mock Trial Competition run in conjunction with the Citizenship Foundation which involves schoolchildren in mock trial competitions; the Local Crime and Community Sentence project. Court open days organised by Her Majesty's Courts and Tribunals Service are another method of engaging with the community. Projects are in place to improve public confidence in the criminal justice system (CJS) as a whole. The British Crime Survey of September 2010 reported that 61 per cent of adults thought that the CJS was fair and 42 per cent thought that the CJS was effective.The importance of local knowledge
The Auld report noted that local justice was seen as "a bridge between the public and the court system which might otherwise appear remote". However, locality could encourage inconsistencies between areas and created a risk of magistrates knowing defendants too well. The argument that magistrates should have a good knowledge of their local justice area is still raised today, often as a defence to court closures. The idea that magistrates should be "local" derives from the fact that magistrates are drawn from that area and, until the Courts Act 2003, had to live within 15 miles of their commission area. In reality, magistrates may not have a knowledge and understanding of their area, especially the poorer parts, because most of them come from professional and managerial classes and live in affluent areas. Nevertheless, it is suggested they are likely to have a greater awareness of local events, local patterns of crime and local opinions than a professional judge from another area. In the case of ''Paul v DPP'' (1989), the court had to decide whether a kerb crawler was 'likely to cause a nuisance to other persons in the neighbourhood'. The defendant was convicted on the basis that the magistrates knew that kerb crawling was a problem in that residential area. On appeal Lord Justice Woolf noted that this was a case where magistrates' local knowledge had been useful.Cost and timeliness
The use of unpaid magistrates is cost effective, in terms of cost and timeliness, saving the tax payer from the high cost of employing full-time judges. The report ''The Judiciary in the Magistrates' Court'' (2000) found that at the time the cost of using lay magistrates was £52.10 per hour compared with the cost of using a stipendiary at £61.90 an hour. In 2010, offence-to-completion time for defendants whose case was committed or sent for trial at the Crown Court was an average of 187 days. The estimated average offence-to-completion time in the magistrates' courts for indictable/triable either-way offences was 109 days for the same period. The cost of a trial in the magistrates' court is also much cheaper than the cost in theLegal adviser
The issue of the legal qualifications of legal advisers has come under scrutiny in recent years. Following reforms in 1999, all legal advisers were required to be legally qualified. Any existing legal advisers under the age of 40 in 1999 were required to gain a legal qualification within 10 years. The Assistants to Justices' Clerks Regulations 2006, in regulation 3, set out the qualifications for assistants to justices' clerks who could be employed as clerks in court. They provided that people who have qualified as barristers or solicitors and had passed the exams for either of those professions or had been granted an exemption were qualified to be assistants to justices' clerks which meant that they can carry out matters on behalf of the justices' clerk. The 2006 Regulations also enabled the Lord Chancellor to make temporary appointments of people to act as clerks in court where he was satisfied that they were, in the circumstances, suitable and that no other arrangement can reasonably be made. However, the Assistants to Justices' Clerks (Amendment) Regulations 2007 replaced regulation 3 of the 2006 Regulations. The effect was to clarify that those: (i) who were in employment as an assistant registered by the Law Society under regulation 23 of the Training Regulations 1990 (ii) who held a valid training certificate granted by a magistrates' courts committee before 1 January 1999; or (iii) who acted as a clerk in court before 1 January 1999 and were qualified to act as such under the justices' clerk (Qualification of Assistants) Rules 1979 (as amended) to carry out the duties of assistant clerks could act as clerks in court. These changes have brought a greater degree of professionalism to magistrates' courts, thus helping magistrates in dealing with points of law and procedure. Furthermore, the training of magistrates has become more consistent with the involvement of theFew appeals
Comparatively few appeals are made against decisions made by the magistrates' court, and the majority are made against sentence rather than verdict. The ''Judicial Statistics Annual Report (2006)'' showed that only 12,992 appeals were made to theObliged to give reasons
TheProsecution bias
One criticism of magistrates' courts is that they have high conviction rates in comparison to jury trials in the Crown Court because, it is suggested, magistrates have a bias in favour of the prosecution. Unsurprisingly, in a 1982 study commissioned by the Home Office, it was found that direct evidence from prosecution witnesses whose credibility was not challenged led to a high level of convictions. Weaknesses in the prosecution case, such as unreliable witness evidence, a lack of confessions or direct evidence against the defendant led to higher likelihood of acquittal. However, in those cases where a defendant's credibility was not demonstrably undermined, there was a conviction rate of 63 per cent. In the majority of these cases, there was first-hand evidence (mainly from police witnesses) of the defendant's behaviour from which criminal intent was inferred. Since the inauguration of the Crown Prosecution Service in 1986, the proportion of weaker prosecution cases has declined as a result of the CPS' review function which requires a "realistic prospect of conviction" before a prosecution can be commenced or continued. In 2009, the conviction rate of defendants tried in magistrates' courts for all offences was 98% and in the Crown Court, 80%. One contributor to Lord Justice Auld's ''Review of the Criminal Courts of England and Wales'' (2001) drew attention to the "dichotomy in people's attitudes towards the magistracy, according to whether they are considering the elective right to trial by jury in 'either-way' cases or the relative advantages of lay and professional judges in summary cases. On the former issue magistrates are often portrayed as part of the establishment, being used to deny defendants a basic human right; on the latter they are depicted as the near equivalent of a jury – the peers of people who appear before them, ordinary people with experience of the real world, bringing common sense to bear etc." The need for magistrates to demonstrate impartiality in criminal trials was emphasised in the case of ''Bingham Justices ex p Jowitt'' (1974). A motorist was charged with exceeding the speed limit and the only evidence was contradictory, in the form of the statements of the defendant and a police officer. The defendant was found guilty and the chairman stated "My principle in such cases has always been to believe the police officer". The conviction was quashed on appeal as the magistrates clearly demonstrated bias.Inconsistency in sentencing
It has been demonstrated that magistrates in different regions have passed different sentences for what appear to be similar offences. The Government's White Paper, ''Justice for All'' set out differences found in criminal sentencing in the magistrates' court. *For burglary of dwellings in Teesside, 20 per cent of offenders were sentenced to an immediate custodial sentence, compared with 41 per cent inReliance on the legal adviser
The lack of legal knowledge of magistrates should be offset by the fact that a legally qualified clerk is available. It is suggested that, in some courts, magistrates place too much reliance on the clerk, to the extent that a few cases have been quashed on appeal. For example, in ''R v Birmingham Magistrates ex parte Ahmed'' 995 the defendant was accused of deception and handling. When the magistrates retired to consider their verdict, the clerk joined them. Since there was no point of law arising, this created a suspicion that he was taking part in deciding the verdict, and therefore the verdict was quashed. In the case of ''R v Eccles Justices, ex parte Farrelly (1992)'' the Queen's Bench Divisional Court quashed convictions because the clerk had apparently assisted and participated in the decision making process. In '' R v Sussex Justices, ex parte McCarthy'' (1924), a motorcyclist was involved in a road accident which resulted in his prosecution before a magistrates' court for dangerous driving. Unknown to the defendant and his solicitor, the clerk was a member of the firm of solicitors acting in a civil claim against the defendant arising out of the accident that had given rise to the prosecution. The clerk retired with the magistrates, who returned to convict the defendant. On learning of the clerk's provenance, the defendant applied to have the conviction quashed. The magistrates swore affidavits stating that they had reached their decision to convict the defendant without consulting their clerk.Magistrates' Association
The Magistrates' Association is the membership organisation for magistrates. Since 1969, it has helped to develop various sentencing guidelines. It also organises conferences and publishes a journal, ''The Magistrate'', ten times a year. Members also participate in local branch activities, with each branch nominating representatives to the organisation's council.See also
* Lay judge * Magistrates' Courts Act 1980 * Courts of England and Wales * Judicial titles in England and Wales * Judiciary of the United KingdomReferences
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