Volunteering - magistrates

From Camlink

The following explanation about becoming a magistrate is extracted from the Government's Directgov website.

The role of the magistrate

Magistrates or Justices of the Peace (JPs) are volunteers from all walks of life who deal with around 95 per cent of criminal cases in England and Wales, including many of the crimes that most affect the public, such as anti-social behaviour.

You need to be able to commit at least 26 half-days per year to sit in court (employers are required by law to grant reasonable time off work for magistrates). Magistrates are not paid for their services. However, many employers allow time off with pay for magistrates. If you do suffer loss of earnings you may claim a loss allowance at a set rate. You can also claim allowances for travel and subsistence.

Magistrates can be appointed from the age of 18 and they must retire at 70. However, the Lord Chancellor will not generally appoint anyone aged 65 or over. Selection is based entriely on merit and applications are welcome from all sections of the community regardless of gender, ethnicity, religion or sexual orientation. You don't need legal or academic qualifications to be a magistrate and full training is provided.

Becoming a magistrate

Personal qualities

You don't need formal qualifications or legal training to become a magistrate. However, you will need to be able to demonstrate six key personal qualities:

• good character

• understanding and communication

• social awareness

• maturity and sound temperament

• sound judgement

• commitment and reliability

Occupation

Because of the need to maintain public confidence in the impartiality of the judiciary, employees in a small number of occupations (for example, police officers and members of the regular Armed Forces) cannot become magistrates.

Good character

Magistrates must command the confidence of the public, have personal integrity and have the respect and trust of others. This means that, for example, it is unlikely that you will be appointed if you are an undischarged bankrupt. Serious motoring offences or persistent offending may be a disqualification.

Health and disability

The magistracy welcomes applications from people with disability. However, if your health would prevent you from carrying out any of the range of magistrates' duties, you may not be eligible.

What do I do next?

there are over 360 magistrates' courts in England and Wales - you can choose to sit at one near where you live or where you work There are a few important issues to consider before you apply.

Firstly, your availability. You must be sure you can meet the required time commitment. You will also need to be available for training; initially equivalent to 18 hours and some meetings. Training and meetings usually take place outside of work hours.

Also, can you get time away from work? If you are employed, your employer is legally obliged to provide reasonable time off for magistrate duties. You will need to agree with your employer how you will manage any additional time away from work that you need.

Finally, which court will you work in? You will need to decide which court to apply to sit at. There are more than 360 magistrates' courts in England and Wales. You can choose a court near to where you live or work. A list of all magistrates' courts can be found at your local court, or use CourtFinder to find one in the relevant area.

Magistrates are recruited by local Advisory Comittees. Recruitment takes place at different times from area to area, so it is important to check when it is happening in your area. You can telephone your local Advisory Committee to find out when they will be recruiting and discuss any other queries you may have.

Magistrates Association

The Magistrates Association provides information, advice, and training for magistrates.

The system of administration of justice by lay magistrates is more than 600 years old but it was not until 1920 that it was proposed to establish an association of magistrates. The Association encouraged its members to undertake basic training immediately after appointment and to keep up with changes in law and procedure. It was not until 1949, when the Royal Commission drew attention to the subject, that the real importance of training was recognised by the government. Most of the Commission’s recommendations regarding training were implemented in the Justice of the Peace Act 1949, which provided that the magistrates’ courts committees should make and administer schemes of instruction in accordance with arrangements made by the Lord Chancellor.

At its inaugural meeting in 1921 the Association had around 500 members. By its Silver Jubilee in 1945 it had 5,288 members and 16,354 at its fiftieth Anniversary in 1970. In 2001, the Association’s membership was over 28,000 of which over 26,000 are active (ie serving) magistrates. The Association can claim to represent over 80% of magistrates on the bench as well as many on the supplemental lists.

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