New Magistrate - AMA

[NewWinger]

NC for this.

Apologies if this has been done before, but I've been a magistrate for almost a year. I'm still very much learning, but thought an AMA might be helpful for anyone thinking of applying, or if there's any interest generally in what we do/how we do it.

I do feel very supported in the role. Legal Advisors will always set out the options available to the bench, and are available for guidance during deliberation. When it comes to sentencing, there are sentencing guidelines for every offence, and these give a starting point for the punishment, usually together with a range, so you can adjust your decision taking aggravating and mitigating factors into account.

You can fit in your sitting however works for you, however in my experience, sittings are dotted around the six-month period of the rota, I have never been allocated consecutive days, and multiple-day cases are rare. That said, I gave my availability (in theory) as every day. You can specify your availability, not just by day, but you can also mark your non-availability on one of the court systems, and there are enough magistrates in each court so that individual needs should be able to be accommodated. Personally, I prefer to do one sitting per fortnight, but in reality, it doesn't work quite like that.

Experienced magistrates are very welcoming and supportive, but be warned, when it comes to deliberations, you'll be asked your opinion first; this isn't to put you on the spot or under pressure, but to ensure that your views aren't affected by those with more experience. You have an equal voice, and if the two wingers disagree with the PJ, then that will be discussed, but ultimately, majority rules.

Diversity is tricky for me to comment on, as I live in an area with very little. However, as I think I mentioned earlier, there are networks for BAME magistrates, also LGBT+ and young magistrates. I have sat with a colleague who is registered blind, he is provided with a taxi to and from court. Older building might have accessibility issues, but in theory, disability should not be a bar to becoming a magistrate.

I have done jury service twice and spent most of that time waiting. And then waiting some more, not just waiting to be allocated a case, but then waiting while legal arguments, which are not suitable for jurors to hear, are discussed. As a magistrate, there is definitely some waiting around; often to do with getting the accused transport to court from the local prison, but generally, if a case stops for reports, or whatever, you can work other cases while that work is going on.

At the start of the day, we are given papers with the name, address and date of birth of each defendant, together with brief details of the charge(s). If, at the time, anything is familiar to you, you mention it to the Legal Advisor, and explain the connection. The LA will then decide whether or not you should be recused. If it's someone you know, that would have to be the case.

I had one case listed, and realised that the defendant lived a few doors away from DM. I didn't know the name and had never heard DM mention this person. Also, the case was not something that would have affected DM. The LA decided that I could sit on that case, however, it was later moved to another court as we were behind schedule.

Thinking about your question, if a close relative was accused of a crime, as soon as I knew about it, I would speak to my mentor, i.e. before it even got to court. I don't think it would affect my ability to continue as a magistrate generally, but I certainly wouldn't go (or be allowed) anywhere near the case, and would prefer to not even be in court on the day of the trial.

Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both. This link goes into more detail.

www.gov.uk/become-magistrate

My answer to this is that I believe so, and I have to trust the recruitment process, which certainly touched on these matters.

We are expected to have, and to demonstrate, understanding of societal issues, particularly in our local area. Not necessarily to have lived with abuse, drug use, or homelessness, for example, but to have awareness, understanding and empathy; to look beyond the behaviour and to see what has driven it. Not to give someone a free pass, necessarily, but to look at the broadest possible picture. Also, where guilt has been admitted or established, so punishment is necessary, we try to avoid those that would probably set someone up to fail; there's nothing to be gained by imposing fines that can never be paid, or imposing unpaid work that simply could not be undertaken.

This feels more like something to be discussed over coffee/whatever, but I hope that I've been able to answer your question at least to some extent.

Thank you for doing this. Watching with great interest!

I submitted my register of interest a while ago, but as yet no selection exercise for my area has come up. I’ve been keeping an eye on vacancies for years, but there never seems to be any around here. A good thing, I suppose, that we have a plentiful supply of people willing to and capable of doing this.

No question I can think of just yet, but I’ll probably come back later.

I think most family court magistrates sit on criminal and family, but I believe you can be recruited straight onto, and work solely within family court, should that be your preference.

(I now have Song For Whoever as an ear-worm now, thanks for that!)

Thank you!

The process has changed since I applied, so hopefully your register of interest is there and waiting. You can also check which courts have vacancies, I think this link should take you there...

apply.magistrates.judiciary.uk/search/?sType=magistrates_website

@NewWinger
No that's a helpful answer! I think in my role there are some issues with local magistrates not fully understanding the lives that people are living and giving unachievable community sentences.

Another question - there was talk of removing custody sentences of under 12 months, what's your view on this?

Hi @NewWinger have you got any examples of cases you’ve seen? Or rather not actual examples, but just to give us an idea of what you see each day? Driving without an MOT? Someone throwing a brick at a bus stop window? Allowing your children to play truent? I’ve always wondered.

Magistrates really should have local awareness; an unachievable sentence is just storing up trouble for later. One thing I hear a lot on my bench is about not setting people up to fail, and it's so important. In cases where this has happened, I'd be wondering about the Legal Advisor and Probation Service; the former should be advising on legal matters, including sentencing options, but with pragmatism, similarly, the latter should gather information and suggest ways forward that can be achieved and which also serve the purposes of justice.

Our sentencing powers recently increased from six months' custody to twelve, but to be honest, I don't have a strong view on the subject. Having worked in the local prison (Victorian, category B) for a couple of years, I have to be very sure that sending someone there is the right course of action (though everyone I've sat with has this outlook), but I do think it's right that magistrates can impose a custodial sentence. Without that option, every case that might cross the custody threshold would have to go to the Crown Court, which I imagine would cause greater backlogs in bringing cases to court. I also think that it's probably good that magistrates can have teeth, so to speak, if only to be clear that this is crucial part of the justice system, not just a bunch of amateurs playing a part.

That's a long answer to a short question, and I'm not sure I've expressed myself terribly well!

We see offences at the lower end of the scale, so certainly things like vandalism and many driving offences. The list is pretty much endless. Most cases start in magistrates' court, but more serious ones are then referred on to crown court for trial, or (if the defendant indicates they will plead guilty) sentencing.

We hear cases involving vandalism (criminal damage) which can be in respect of public or private property, also offences such as affray and assault, which covers a range of actions, including spitting, this is (I think since covid) seen as a serious aggravating factor.

Cases can be around animal cruelty (thankfully rare), fly tipping theft, malicious communication, and as you mentioned, not ensuring a child is in school. We hear cases around possession of a bladed article, which, if I remember correctly, automatically carries a custodial sentence, if found guilty.

With some cases, magistrates can impose Restraining Orders, and any breaches of them are an offence in their own right.

Traffic is a big one, and can include excess speed, failing to provide the driver's information (which carries a greater penalty than the original offence), and driving under the influence of alcohol or drugs. We also hear from drivers whose offence takes them to 12 or more penalty points; this means disqualification as a rule, but can be appealed against on the basis of exceptional hardship.

Overall, no two days are alike, which, on the one hand, keeps thing interesting, but on the other, as a newbie, makes for a steep learning curve.

@NewWinger hello! Sort to jump on an older thread but I wanted to ask about scheduling. I'm currently a full time teacher but really interested in becoming a magistrate. I know you said up thread you can post your general availability, would only being able to sit for a few days every 6/7 weeks hinder my application do you think? I would always be able to give time in most school holidays but it wouldn't be as regular as (for example) once a fortnight due to the term times.

I'm 30, do you know if they generally look for magistrates to be a bit older?

I don't think your pattern of availability should affect your application; if you're willing and able to meet the minimum commitment, the practicalities should be dealt with once the application process has been completed.

My sittings have been irregular, but this is possibly because I am available every day. I suspect that when the rota team are filling the forth-coming rota, those with specific or limited availability will be placed first, and the rest of us will be slotted into whatever gaps are left. Also worth mentioning that courts sit on Saturday; generally just the morning, so it only counts as one sitting, whereas a full day counts as two, but it all adds up if that works with your circumstances.

As well as providing general availability, which I believe populates our availability calendar, we can also mark ourselves as unavailable for specific future dates; at the moment, I can block out dates up to the end of January 2024. You might have a lot of unavailable dates, but what's left should give the rota team plenty to work on.

Don't let your age deter you, or think that it will count against you; it really is all about personal qualities, which you can have at any age. If I remember correctly, the minimum age for magistrates is 18, and while I doubt there are many teenaged magistrates, the Magistrates' Association has a group for young magistrates, so there must be enough in their 20s to make it worthwhile. Where I sit, the general population skews older and white, which is reflected on the bench (and with defendants, to be fair), whereas I'd expect other areas to be more diverse.

From my point of view, the more diversity the bench has, the better; a defendant who is young and a person of colour must wonder how fair a hearing they will get from three 60-something white men. We have training on unconscious bias, and I've not sat with anyone who has shown any prejudice, but still, the local bench really should reflect its community overall, not just a certain parts of it.

It's probably worth mentioning that magistrates' courts are public buildings, so anyone can enter and ask at the ushers' office to sit and observe.

Oh, and I wish I had applied when I was 30, so I'd definitely encourage you to go for it.

@NewWinger thank you so much for your detailed response! I will definitely consider it further.

@peanutbutter00 you’re very welcome - do keep an eye out on recruitment, it always seems to be either famine or feast - and feel free to ask anything else, if you’d like to.

@peanutbutter00 My DD is a magistrate and is in her 20s. They are looking for diversity of ages and backgrounds on the bench, so do apply. I will pm you.

Hi

ive been a mag for over twenty years - also started young. Open to questions