Magistrate

What is a magistrate?

Magistrates, also known as Justices of the Peace, are ordinary members of the community who are willing to volunteer some of their time in order to administer justice in their local area. Magistrates are people with common sense and integrity and tend to deal with less serious offences such as criminal damage, public disorder and motoring offences. Magistrates are advised by a court clerk on matters relating to procedure and law.

What are the duties of a magistrate?

Being ordinary members of the community, magistrates are not expected to have any background in law or policing. They sit as one of three on a “Bench” of Magistrates, one of who acts as a Chair and who speaks on behalf of the other two. The magistrates role is to consider the evidence fairly and objectively. If the defendant pleads guilty or is found guilty then it is the job of the magistrate to pass sentence.

Who can become a magistrate?

Magistrates are people with common sense and personal integrity; they have a good knowledge of people and their local community and have the ability to listen to all sides of an argument and contribute to fair and reasonable decisions. They must be reliable and have the time to give to this important task. Magistrates come from a wide range of ethnic and social backgrounds and occupations, and they are appointed so that the bench is a representative cross section of the local community.

The following conditions apply:
  • must sit for a minimum of 26 half days per year;
  • you should live/work near the Bench at which you are appointed;
  • un-discharged bankrupts and those convicted of serious offences are ineligible to apply;
  • must be between 27 and 65 years of age.

Would you like to know more?

If you would like more information or are interested in becoming a magistrate, please visit the Department for Constitutional Affairs web site at http://www.dca.gov.uk/magistrates/index.htm.