One of the greatest shocks that first-time clients face when they arrive at a criminal court is not the way most other ‘normal’ defendants dress (track suits and leggings), not the fact that they have to sit in a glass cage when in court (making hearing the proceedings for the regulars optional), and not the fact that, even though their charge sheet says 10am it does not actually mean 10am (but wait, and wait, potentially until 5pm). Rather, it’s the fact that magistrates are not lawyers.
Magistrates are people like you, volunteers from all walks of life from the local community. They give on average 35 days per year (minimum is 13 days) to sit in the criminal, family and youth courts. They deal with 95% of all criminal cases (albeit the less serious ones) and they are only paid for expenses and loss of earnings (at a set rate). Generally, despite the headlines, the magistrates get it right – only 1% of their decisions are appealed.
Some see the very concept of magistrates as a contradiction at the heart of the British judicial system; they are the judges that deal with more cases than any other branch of the judiciary, yet they are not legally qualified. However, magistrates are not employed by the state in the same way a professional judge is, and are therefore seen as closer to knowing what real life is like – they are more like jurors than professional judges, which many believe results in them being less jaundiced compared to case-hardened cranky professional judges.
But despite the platitudes on the governmental websites, magistrates are fast disappearing. For over ten years there have been reports of the number of magistrates falling, and the Ministry of Justice (MoJ) recently released figures that show there has been a fall from 29,419 in 2008 to 13,177 today. There is a rumour that the MoJ is content with this fall given that stipendiary magistrates, now known as District Judges (Magistrates Court), deal with cases faster which results in cost savings.
Whatever the truth of the rumour, the MoJ is always recruiting magistrates from all backgrounds, so whether you are a retired solicitor, bus driver or anything in-between, you will be suitably qualified if you can demonstrate the following six required characteristics: Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament – then you will probably be taken on.
My own experience in the local magistrate’s court was that there were a good number of committed Christian magistrates, and some were local pastors. Their faith did make a difference, not just benefiting myself (at 10am solicitors generally go into court to ‘see who’s on the bench’, to warn the client as to their the likelihood of them being ‘sent down’ – pastors are always far less likely to send the punters down!), but also there were times when they would encourage a defendant to continue with their faith (which was not met with any opposition, given they were the ones in charge!).
Being a magistrate is an excellent opportunity to be salt and light in a dark world. A polite and kind magistrate, who is able to show kindness whilst dispensing justice, makes all the difference to all those involved in the criminal justice system. Not only to the defendants, but also to the ushers, court clerks, probation officers, and professional lawyers. It is the perfect opportunity to balance mercy and justice.
