Magistrate (England and Wales)

In England and Wales, magistrates (/ˈmædʒɪstrət/;[1] Welsh: ynad)[2] are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings.

[5] Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales,[6] and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.

[12] According to official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021.

For example, before 1714, magistrates could be approached at any time and in any place by people legally recognised as paupers, appealing to them for aid if parish authorities had refused to provide any.

In Middlesex, for example, the commission was increasingly dominated by merchants, tradesmen and a small number of corrupt magistrates, known as "Trading Justices" because they exploited their office for financial purposes.

[22] Women in England and Wales were not allowed to become justices until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office.

[13] 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.

[26] On a bench of two or three, the magistrate who speaks openly in court is formally known as the Presiding Justice,[27] or more informally as the chair, chairman or PJ.

The country is divided into local justice areas and magistrates are expected to either live or work within reasonable travelling distance of their court.

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.

However, in 2004, calls for increased diversity among the judiciary were recognized and the qualification period was changed[42][43] so that, as of 21 July 2008, a potential deputy district judge can satisfy the judicial-appointment eligibility condition on a five-year basis.

[49] Upon appointment, a new magistrate will be required to swear or affirm that they "will be faithful and bear true allegiance to His Majesty King Charles the Third, his heirs and successors, according to law" and that they "will well and truly serve our Sovereign Lord King Charles the Third in the office of Justice of the Peace, and will do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill will"...

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.

The interviewers also use the opportunity to explore the candidates' attitudes on various criminal justice issues such drink driving, juvenile crime or vandalism.

[32] 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.

[62] Further essential training is delivered regularly by the Judicial College, to ensure that magistrates remain competent and confident in performing their role.

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.

[65] 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.

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.

[81] 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 the Lord Chancellor's Department in March 1999.

[86] This was partly because many people found it difficult to obtain support from their senior managers to be released for magisterial duties, and because of other reasons relating to employment.

[90] 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 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.

Implicit in this right is the requirement that magistrates give reasons for their decisions, unlike jury verdicts in the Crown Court.

[102] 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.

[110] The Prison Reform Trust Report on Sentencing (2009–2010) highlighted a number of issues including the following: However, when the statistics are put in context, they may not appear as severe as they might at first glance.

Furthermore, in an effort to bring a greater degree of consistency to sentencing, national guidelines have been issued to magistrates and updated on a regular basis.

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.