I’m a Magistrate - AMA

[BettyCallMeAl]

I’m a magistrate, and since a few people at work have asked me about it, I thought I’d do an AMA in case others have questions.

I am a Presiding Justice in adult criminal courts, holding trials and sentencing across the whole range of cases from theft to drugs, assault, domestic violence, criminal damage, sexual offences, traffic etc (96% of all criminal offence are dealt with by Magistrates - only the most serious are not). I also adjudicate on search warrants for drugs / immigration, various other things.

If you want to know more about what we do, what works well / doesn’t, ask away. Or if you might want to become a magistrate, are due to appear in court as a defendant / witness, and want to know how it all works, I am here.

(so long as you address me as Your Worship and take your hands out of your pockets) 😊

Interesting AMA thank you. I would love to do it, but unfortunately I am not allowed due to my current role (unless things have changed recently?) being a conflict of interest.

I have been reading The Secret Barrister's books recently about the current (at the time of writing of course) state of the CJ system and how cases are dealt with at court, particularly the lack of time that seems to be available for reading case files and considering the evidence available. Have you read any of their books, and if so, do you think they are an accurate representation?

I don’t know your current role but there are certain restrictions yes (like working for the police etc).

I have read TSB’s books. S/he hates magistrates, ha! But the books are really good. I can’t comment on the Crown Court stuff that makes up the bulk of the books; but there are definitely similar types of issues in magistrates courts, like long delays, lack of access to Legal Aid (meaning defendants represent themselves) etc. There’s just too few people to meet demand across the whole system from the police, courts, probation, prisons. It’s a mixture of poor salaries, more complex crimes and just more people needing help.

@BettyCallMeAl

Thank you for this mumsnet op thread idea
pbviously will be interesting and insightful one,

I would like to be called up for Jury service like my friend was,

how does this happen 🤔 and what is the criteria ect of this kind of role then?

Thanks

oops typo word mistake obviously *

Jury service is not the same as being a magistrate.

Juries sit in Crown Courts, and anyone in the electoral role can be selected at random to serve, normally for two weeks and then you go back to your normal life. You can’t apply.

Magistrates sit in Magistrates Courts. If you want to become one, you can apply when there are vacancies in your area.
(just Google it). You don’t need academic qualifications or legal experience. They look for honesty, integrity, good decision making skills, and a general interest in the work (which you can demonstrate by having visited courts beforehand to observe). Lots more info here https://magistrates.judiciary.uk/?gclid=EAIaIQobChMItMaNmv7FgwMVSQKLCh2kdg0jEAAYASAAEgJdT_D_BwE&gclsrc=aw.ds

Thank you for the thread, very interesting. I have been thinking about applying to be a magistrate for quite a long time. Maybe this is the year that I'll go for it.

Can I ask how your schedule/rota is decided, and how far in advance? I have full control over my work calendar but it does tend to be quite busy!!

Go for it. I would (and do…) recommend it to anyone. It’s a fascinating, educative, good and useful way to spend your time.

Rotas come out twice yearly, so you know your sittings about 3-9 months in advance.

Before the rotas come out everyone is contacted with a reminder to update unavailability online.

Once the rotas come out it is possible to swap sittings, and you’re often given more than the minimum so you can drop down to that level by rejecting sittings, and this is absolutely fine because others will gladly pick them up.

Some sittings are easier to swap than others - for example mentored sittings that you do at the start of your magistrate career are more difficult to swap, because the mentor will also need to swap. It’s normally OK though.

Thank you, this is really helpful and quite reassuring in terms of fitting it in around my other commitments.

How essential do you think it is to go and observe the courts prior to application? I have fairly extensive experience of working with vulnerable clients who might end up in the courts but no actual experience of the courts themselves. Part of me just wants to get on with submitting the application but perhaps I need to go and observe first?

One more question, if it's OK. Is there much admin involved? I have adhd and this is something that I can struggle to stay on top of. I don't mind doing a bit, but don't want to create additional burdens for myself if there is a lot.

Can you describe some of your interesting cases please.
As you are already anonymous I don't think you'd be breaking confidentiality? Maybe mix a few details? Thanks.
Or is it all no car tax or TV licences?

I think observations are essential. First and foremost they’re really useful in showing you how courts work (and what the problems are). It’s also deemed an essential part of the application process, and you’re asked to list the dates and venues of your observations on the application form, and are then asked about them at interview.

There is no out of court admin involved at all for me in adult court. I think there is some for family courts, but being a family magistrate is a different thing. On the day there are papers to read etc but you will have to judge whether this is manageable for you.

I can’t go into any details, but we do have a great variety, as i said in the introductory post. Some stick in my mind for various reasons, normally because I can more easily identify with some of the situations some people find themselves in.

It definitely isn’t just traffic and TV licences. There are special dedicated courts for traffic and for specialist non-CPS prosecutions eg TV licences, Council Tax non-payment, transport fare non-payment etc.
I quite like traffic (because it’s not just car tax. It’s mainly speeding, and there are often tight calls to make on banning people) but I do find the other specialist stuff quite tedious. That’s the worst bit of the role.

Thanks for your reply. I am a fraud investigator in a public sector organisation so very much a CoI I understand.

Yes I agree with your points there about the magistrates!

As for the funding, lack of staffing etc etc, it's unfortunately a very similar story across much of the public sector as I am sure you are aware.

I gave this serious consideration about twelve years ago, and even spent the recommended time observing magistrates in action at our local court. Then my son's special needs became more obvious and I have focussed on his needs instead.

My question - how flexible is the arrangement in terms of days/weeks/hours that you sit, do you have to commit to these in advance and what happens if circumstances get in the way? For you it might be a hospital appointment that cannot be rearranged (for me, it could be that my son is ill and I therefore have to stay home).

I have heard that a policy exists whereby candidates of certain ethnicities and sex are favoured over others. Are you female and what ethnicity would you say you are?

Ok, if you can't tell us about individual cases have you ever been fooled?
For example been convinced to go lenient on someone only to see them in front of you again later?

Can you do anything to actually help people? Refer them to things like counselling or drug rehabilitation or is it all fines or custody?

Have you ever wanted to sentence someone for longer than you were allowed?

Have you ever been able to just send somebody home because you felt sorry for them?

White British female 42yo. I know that a diverse magistracy is seen to be the ideal (and i agree). People from under-represented groups are encouraged to apply. But applications are judged on their merits, without bias in any direction.

I've been handed a sentence by a magistrate. Many years ago. However, what struck me is that they dithered about sentencing, wanted to pass my case to Crown Court, and it took my solicitor to point out what the magistrate's sentencing powers were, fine limits which exceeded what he wanted to fine me, suspended prison terms which exceeded what he wanted to give me.

It was very unsettling and I felt the magistrate basically didn't have a clue.

Does this happen often?

There is quite a lot of flexibility, and there is a culture of helpfulness.

Minimum commitment is 13 days a year. If you consistently go below this then you may be asked to consider whether you should carry on. If the issue is temporary (eg illness) then you can go onto the reserve list, which means that you stay a magistrate but don’t sit for a while, with phased returns and support just like a job.

It’s pretty easy to swap sittings far in advance. But the closer you get to the day, the more difficult it is. The online system doesn’t allow you to vacate or swap a sitting less than a few days before, so you have to ring the rota team and do it that way. Hopefully hospital appointments would come with more notice for you.

Obviously short notice cancellations happen, e.g. if people are sick on the day. We get emails most days asking for urgent cover, and these are normally filled no problems. But if you had to cancel at short notice frequently this could be an issue.

I suspect we’re fooled to some degree quite often. People express remorse etc and might not feel it as much as they let on. But it’s not that common to see the same people over and over again; in large part because they’d have to appear on the same day I was sitting, which would be flukey.

I like to think that a lot of our sentences help. We can send people to prison, give them community penalties inc unpaid work, curfew and rehabilitation activities, or we can fine them, or we can discharge them with conditions (or very rarely, with none).

All sentences need to have a punitive element, but even this hopefully helps people think again before committing a crime. We do though refer people specifically for relevant rehabilitative courses for driving, alcohol and drugs, thinking skills, conflict resolution, sexual behaviour etc. These do help.

We do occasionally want to sentence people for longer than the maximum one year that we’re allowed. In these cases we refer them to the Crown Court where a judge can impose a longer sentence (if they want. Often they don’t, but it’s their call).

More often my frustration about sentencing is that I can see that a fine is the maximum realistically available, but that it won’t be paid because the defendant has no money and big debts.

We can’t just ‘send someone home’ if they’ve pleaded guilty or been found guilty. But there are times where people have really done very little consciously wrong (eg in some instances where car insurance hasn’t automatically renewed, and they never realised, and were randomly stopped for something else, and there’s lots of evidence to show that they really did think that they were insured) where we can go below the normal guidelines. The lowest sentence we can impose is an Absolute Discharge, which is no actual punishment at all. But it is still recorded as a criminal offence on someone’s record.

These are very rare though. I can only recall giving one Absolute Discharge.

No questions but thank you for doing such an important job, for nothing!
My worry is the younger generation will not volunteer to carry out the role in future

Not in my experience.

If the magistrates and the Legal Adviser are working well together then this shouldn’t happen in open court. But of course there will always be a degree of uncertainty over sentencing because every case is different and sometimes sentences can be quite complicated to work out and pronounce. Often people are convicted of multiple offences at the same time, all with different sentences that need to be tallied at the end.

What should happen is that the sentence should be worked out in the retiring room and pronounced in open court without any confusion. I’m sorry that didn’t happen in your case.

Thank you. I had never been (or ever will be!) in front of a magistrate, was a hysterical shaking bundle of a human and have been diagnosed with CPTSD following the experience.

I'm pleased to hear my experience is unusual and shouldn't have been heard in front of me. The magistrate really didn't seem to have a clue.

Do you tend to see the same old faces?
I used to work in a Crown Court you really get to see another side of life.
Are you worried you will get recognised out of work?

I experienced magistrates in my family court case. Unfortunately. They seemed to get the situation going on but it's hard to tell.

A C1A was submitted.. do the sitting magistrates read this ahead of the case? What about statements ? Is it easy to suss out when one party is controlling and the arsehole?

If someone kicks off in the waiting room do you get informed on this by the clerk?

I have so many questions here but don't want to out myself !