How to Become a Magistrate

September 30, 2024
To become a magistrate, also known as Justices of the Peace, indicates judicial officers who serve in magistrates’ courts, dealing with less serious criminal cases, civil matters, and family issues.
How to Become a Magistrate

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How to Become a Magistrate

What Are the Main Types of Magistrates?

To become a magistrate, also known as Justices of the Peace, indicates judicial officers who serve in magistrates’ courts, dealing with less serious criminal cases, civil matters, and family issues. In the UK, magistrates are volunteers and are crucial in ensuring the justice system operates smoothly. Here are the main types of magistrates:

  • Criminal Magistrate: These magistrates deal with less serious criminal offences, such as minor assaults, shoplifting and motoring offences, and applications for bail and issuing fines or orders for community service.
  • Family Magistrate: Family magistrates preside over cases relating to family matters such as child custody, adoption, and protection orders. They seek to resolve family disputes and protect vulnerable family members.
  • Youth Magistrate: The youth magistrate hears cases of young offenders aged 10 to 17. Cases brought to the youth magistrate include minor crimes, heavily emphasising rehabilitation rather than punishment.
  • Civil Magistrate: Civil magistrates handle non-criminal cases, including issues related to unpaid fines, debt recovery, and disputes between individuals or businesses.
  • District Judge (Magistrates’ Courts): These are legally qualified members of staff who preside in the magistrates’ courts on cases more complex or serious than ordinary magistrates can handle. They sit as part of a bench of magistrates, but their function is more judicial than purely lay.

What Does a Magistrate Do?

Magistrates are a crucial part of the UK’s justice system. They are at the heart of magistrates’ courts, which deal with various matters. For fairness, magistrates usually make decisions in panels of three. This is an outline of the role of magistrates.

  • Hear Criminal Cases: Magistrates sit on less serious criminal cases (such as theft, public order, and motoring offences), hearing cases of guilt and imposing sentences, which could include a fine, community service, or a prison sentence not exceeding 12 months.
  • Decisions on bail applications: Magistrates decide whether a defendant should be released on bail (i.e., with conditions that require them to attend and allow them to resume their normal lives in the meantime) or remanded in custody until the trial or sentencing hearing.
  • Deal With Family Cases: Magistrates in family courts decide matters that affect children, such as who should have custody, who can adopt children, and whether to issue child protection orders. They make sure that children and vulnerable people are looked after.
  • Supervise youth cases: Youth magistrates are responsible for hearing cases of young offenders and work with the aim of rehabilitation, giving out measures such as youth rehabilitation orders, fines, or community service.
  • Issue warrants: Magistrates may issue warrants to search or to arrest.
  • Decide Civil Matters: In civil courts, magistrates might preside over disputes over unpaid traffic fines, business licensing, or citizen disagreements.

Average Magistrate Salary

The roles of magistrates in the UK are voluntary, which means there is no salary for the job. You can, however, claim back reasonable expenses like travel, meals, and loss of earnings. The amount you can claim depends on how long you spend doing magistracy work and your circumstances. For example:

  • Travel Expenses: Magistrates can claim mileage for travel to and from the courthouse.
  • Meal Allowances: If magistrates work for several hours, they may claim a meal allowance.
  • Compensation for loss of earnings: the payment of compensation to magistrates who miss work due to their judicial duties up to a certain limit.

A magistrate will sit in court for at least 13 full days or 26 half days per year.

Magistrate Skills

You don’t need to have had formal training in the law to become a good magistrate, but you do need various people’s skills, which are the key skills you’ll need in order to state:

How to Become a Magistrate
  • Impartiality: magistrates should be impartial—not influenced by personal beliefs or prejudices—and be guided by the evidence and the law, not by what seems right.
  • Sound Judgment: A magistrate’s judgement should be sound, and she should show that she has made a proper assessment of the evidence, heard the arguments, and reached a balanced conclusion.
  • Communication Skills: You must be able to explain decisions and legal terminology to court staff, legal professionals, and defendants using plain language.
  • Teamwork: Magistrates sit in a panel of three, so they have to work together and make decisions jointly. You must be prepared to listen to and respect others’ opinions if you want to make balanced judgments.
  • Secrecy: Magistrates deal with sensitive legal issues. They must not talk about the cases outside court.
  • Resilience: Magistrates can be exposed to very emotive cases and must remain calm and professional.
  • Analytical Thinking: Magistrates must be able to analyse evidence and arguments to arrive at the correct legal decision.

Magistrate Tips

Here are some practical tips for aspiring magistrates:

  • Be open-minded when applying: When applying to be a magistrate, be open-minded and willing to serve the people. When they select you from among many applicants, it is because your personal qualities are more important than formal qualifications.
  • Training: You will need to be prepared for training. Although there is no formal legal qualification, magistrates are trained after selection. You will be expected to learn about court procedure, sentencing guidelines, and legal principles.
  • Commit to Regular Sitting: Magistrates must commit to sitting in court regularly, with a minimum of 13 full days per year. Ensure you have the time and flexibility to meet these requirements.
  • Get to know the legal system: You don’t have to know everything about the law, but having a basic understanding of the UK legal system, criminal law, and civil law will be useful. Go and visit some courts. Watch them. Learn a bit about magistrates.
  • Show Community Involvement: Magistrates are community representatives, so highlight any charity or volunteer work you have done in your application.

Magistrate Requirements

If you want to be selected to become a magistrate in the UK, you need to fulfil certain criteria. Here is a summary of the main criteria needed to be accepted as a magistrate.

  • Age restriction: to serve as a magistrate, you must be between 18 and 70 (most first-time magistrates are under 65).
  • No Legal Qualifications Required: Magistrates need not have legal qualifications or experience in the law. Their office is ‘given’ rather than ‘earned’ through merit. Magistrates are selected instead for their personal qualities and assumed ability to make good judgments.
  • Good character and reputation: Magistrates should have good character, integrity, and public spirit, and they should not have criminal records. You might be precluded from being a magistrate if you are, or were, a police officer or member of the armed forces.
  • Availability: Magistrates must be available to sit in court for at least 13 full days or 26 half days per year. You need to be sure you can make the time and fit it into your flexible working schedule.
  • Live or Work Near the Court: Magistrates must live or work within the area where the local court they wish to serve sits. This is so they can represent the local community.

How to Become a Magistrate

Here’s a step-by-step guide to becoming a magistrate in the UK:

  • Apply online: Visit Judiciary UK to apply to be a magistrate. You’ll be required to fill out an online application form that highlights your personal qualities, community involvement, and motivation for applying.
  • Come to an Interview: If your application is successful, you’ll be invited for an interview with your local advisory committee, who might ask questions about your decision-making skills, impartiality, and commitment to
  • Training: If selected, you’ll be trained to help you with your job. This will include learning about the law, the procedure in court, the protocols you need to follow, the sentencing powers you have, and other information that a magistrate needs to know.
  • Time to Start Sitting in Court: Upon graduation, you sit on a bench of three magistrates (new magistrates are assigned more senior colleagues for their first several sessions).
  • Continuing Training: Magistrates receive continuing training throughout their careers to keep up to date with changes in law and legal procedures.

Get Qualified as a Magistrate 

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Frequently Asked Questions

Why Should You Become a Magistrate?

Becoming a magistrate is giving back to your community by helping to keep the wheels of justice turning. You could be involved in cases that help settle disputes, protect the vulnerable, or rehabilitate young offenders. Magistrates are people who step forward to actively help others and contribute to the community as volunteers because they believe it’s the right and honourable thing to do. In this sense, magistrates are role models and exemplars.

Is Being a Magistrate a Good Career Choice for You?

Magistracy is not a ‘job’ because a magistrate is a layperson, not a professional, but a volunteer. However, it’s a great civic opportunity to give something back to your community and get involved in essential public service. Magistrates have varied backgrounds. The role suits those who are fair-minded, like working in a team, and are willing to use common sense. And it’s a role that brings its rewards as you develop new skills and insights into how the justice system works.

Magistrate Salaries

In the United Kingdom, magistrates are unpaid volunteers. However, they are entitled to travel allowances, meal allowances, and a payment to compensate them for their time in court.

Which Qualifications Can Help with a Career as a Magistrate?

There are no formal educational qualifications required to become a magistrate. Instead, candidates are assessed on their personal qualities, such as fairness, integrity, and sound judgement. However, demonstrating involvement in your community or having a basic understanding of the legal system can enhance your application.

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