The Appointment of Magistrates

Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the Lord Chancellor on behalf, and in the name, of the Sovereign.

On appointment, magistrates, also known as Justices of the Peace, are requited to swear or affirm that they:
will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.

and that they:

will well and truly serve our Sovereign Lady Queen Elizabeth the Second 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 flavour; affection or ill will.

Candidates are recommended to the Lord Chancellor for appointment by his local Advisory Committees, consisting of magistrates and other local people. The Lord Chancellor will consider a candidate's personal suitability for appointment regardless of ethnic origin, gender, marital status, sexual orientation, political affiliation, religion or subject to the physical requirements of the office, disability. No formal qualifications are required. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves.

 
The Duties of a Magistrate
Each magistrate is expected to undertake a fair share of the work of the Bench. The Lord Chancellor requires that a magistrate should sit for at least 26 half days each year and endeavour to be available to sit for up to 35 half days each year. Magistrates should be prepared to sit for a whole day if necessary.

Magistrates normally exercise their duties as part of a bench of three. They will at all times have available to them the advice of a qualified court clerk. Their duties include:

 
Criminal Matters
Over 95% of all criminal cases are dealt with by magistrates, either in the Adult Court, or in the Youth Court. The work involves, amongst other things, deciding on applications for bail, whether a defendant is guilty or not and passing sentence as appropriate. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals from Magistrates' Courts against conviction or sentence and proceedings on committal to the Crown Court for sentence.

Civil Matters
Magistrates decide many civil matters, particularly in relation to family work. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage e.g. making orders for the residence of and contact with children. Proceedings relating to the care and control of children are also dealt with in Family Proceedings Courts. The civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non-payment of council tax.

Other Duties
Members of specialist committees are responsible for the administration of the liquor licensing system and for the grant or refusal of applications for licences and permits relating to betting and the registration of gaming clubs. Most magistrates carry out some routine licensing work.

Magistrates are expected to play a part in the life of the bench and where possible, attend bench meetings etc. They may undertake work out of Court, as members of committees. They are also expected to deal, at home, with requests for warrants for arrest and search and to take declarations of various kinds.

Training
Newly appointed magistrates are required to undergo a programme of training, prescribed by the Lord Chancellor, to help them to understand their duties, to obtain a sufficient knowledge of law and procedure, to acquire a working knowledge of the rules of evidence and to appreciate the nature and purpose of sentencing.

Allowances
Lay magistrates are not paid for carrying out their duties, but may claim allowances, within specified limits, for travelling, subsistence and financial loss.

 
The Personal Qualities of a Magistrate
The following are the six key qualities sought in those applying to be magistrates:

     Good character

      Personal integrity

      Respect and trust of other

      Respect for confidences

      Absence of any matter which might bring them or the Magistracy into disrepute

      Willingness to be circumspect in private, working and public life

Understanding and communication

      Ability to understand documents, identify and comprehend relevant facts, and follow evidence and arguments

      Ability to concentrate

      Ability to communicate effectively

Social awareness

      Appreciation and acceptance of the rule of law

      Understanding of local communities and society in general

      Respect for people from different ethnic, cultural or social backgrounds

      Experience of life beyond family, friends, and work

Maturity and sound temperament

      Ability to relate to and work with others

      Regard for the views of others

      Willingness to consider advice

      Maturity

      Humanity

      Courage

      Firmness

      Decisiveness

      Confidence

      A sense of fairness

      Courtesy

Sound judgement

      Common sense

      Ability to think logically, weigh arguments and reach a balanced decision

      Openness of mind

      Objectivity

      The recognition and setting aside of prejudices

Commitment and reliability

      Commitment to serve the community

      Willingness to undertake at least 26 and up to 35 half day sittings a year

      Willingness to take the required training.

      Ability to offer requisite time

Support of family and employer

      Sufficiently good health

     

Eligibility Requirements
Applicants must live within the area of the Commission of the Peace for which they wish to be considered or within 15 miles of its boundaries. The Lord Chancellor requires that candidates should have a reasonable degree of knowledge of the area to which they wish to be appointed and generally expects them to have lived in that area for a minimum of 12 months.

Applicants should have satisfactory health in order that they are able to carry out all the duties of a magistrate. In particular, they should have satisfactory sight and hearing and should also be able to sit and to concentrate for long periods of time. Those with a disability should not be discouraged from applying; individuals will be considered by the Lord Chancellor on their circumstances in this as in other respects.

The Lord Chancellor will not generally appoint a person under 27 or over 65. Magistrates must retire at the age of 70.

British nationality is not a requirement but all candidates must be willing to take the Oath of Allegiance.

The Lord Chancellor will not appoint:

a serving or recently retired police officer or a civilian employee of a police force or their spouse or partner

a member of the Special Constabulary or their spouse or partner

a traffic warden or their spouse or partner

anyone who has a close relative (father, mother, son, daughter, brother or sister, or in-law and some other relationships) who is employed as a police officer, special constable, a civilian employee of a police force or a traffic warden in the Petty Sessional Division (court area) to which they might be appointed

a full time member of HM forces

anyone, in addition to those above, whose work or community activities or, those of their spouse or partner, are such as to be clearly incompatible with the duties of a magistrate e.g. employees of the Crown Prosecution Service, Prison Service, Probation Service or Magistrates' Courts Service.

an undischarged bankrupt.

anyone who, or whose spouse or partner, has been convicted of a serious offence or a number of minor offences.

anyone who is a Member of Parliament or has been adopted as a prospective candidate for election to Parliament or paid as a full time party political agent if part of their constituency is covered by the Petty Sessional Division to which they might be appointed.

There may be other reasons for disqualification which may be identified during the selection process.

 
Before Making an Application
You must visit a magistrates' court, when it is sitting, at least once before completing the application form. Your local court can advise you on when it is best to attend and in which courtrooms to observe.

If you are employed, you must establish with your employer that you will be allowed to take reasonable time off work, under Section 50 of the Employment Rights Acts 1996, to undertake the duties of a magistrate. Your employer or a representative should generally be one of your referees.

 
Completing the Application Form

If a question does not apply, please mark it N/A (not applicable). Do not leave the space blank or put a line through it.

Your political views are neither a qualification or disqualification for appointment. This information is required only to avoid the appointment of a disproportionate number of magistrates supporting any political party.

You must disclose any convictions, however minor, including motoring offences for which a fixed penalty was payable. You must also disclose any criminal or civil orders to which you are or have been subject, including details of divorce and maintenance orders. Any person who applies to be a magistrate is not protected by Section 4(2) and 4(3) of the Rehabilitation of Offenders Act 1974 which means that all convictions must be disclosed. You must also disclose details of police cautions.

Candidates are asked to answer the 'key' question on the application form: 'is there anything in your private or working life, or in your past, or to your knowledge in that of your family or close friends, which, if it became generally known, might bring you or the Magistracy into disrepute, or call into question your integrity, authority or standing as a magistrate?'. If candidates have any concerns about answering this question, they may, if they wish, speak with the Secretary to the Advisory Committee or Sub-Committee whose address and telephone number is shown below. It is stressed that the Lord Chancellor pays no regard to sexual orientation when making appointments. Sexual orientation or cohabitation with a partner of the same sex need not be disclosed in response to the 'key' question.

Your application must be seen and signed by three referees who are not related to you and who have known you for at least three years. At least one of the referees must be a person who lives in the same locality as yourself. If you are employed, one should generally be your employer or a representative, even if you have worked for them for less than three years. There is no obligation for you to show the completed form to your employer but you must have received an assurance from them that they are prepared to provide a reference. You should not seek as a referee anyone e.g. solicitor, police officer or probation officer who is likely to appear before the court to which you might be appointed. No more than one of your referees may be a magistrate.

Application forms can be obtained by writing to the Secretary to the Advisory Committee from any of our local Courts: