West Hertfordshire Magistrates
What exactly do magistrates do?
Magistrates, also known as Justices of the Peace, carry out their duties locally and deal with almost 97% of criminal cases. You will be dealing with less serious criminal cases, such as theft, criminal damage, assaults, public disorder and motoring offences. You will consider the evidence in each contested case and reach a verdict. When a defendant is found guilty, or pleads guilty, you will decide on the most appropriate sentence.
Will I sit on my own?
No. You normally sit as one of a ‘bench' of three magistrates, including one who has been trained to take the court Chairman's role. The court Chairman speaks for the bench and helps to guide it through its business. The court Clerk, who is legally qualified, is always there to advise on law and procedure.
What sort of people become magistrates?
Magistrates come from a wide range of backgrounds and occupations. They are people with personal integrity and a good knowledge of their local community. They have the ability to listen to all sides of an argument and contribute to fair and reasonable decisions. They must, of course, be reliable and have time to give to this important task.
No. Formal or academic qualifications are not required. Nor is knowledge of the law because each bench sits with a qualified legal adviser who is there to advise on relevant aspects of the law. Sentencing guidelines are also provided.
Do I need formal qualifications, or a knowledge of the law?
Do I get any training?
Yes. You are given a programme of practical training that prepares you to sit in court. This is compulsory and involves talks and discussions and practical exercises, observing in court and visits to prison establishments.
Is being a magistrate time-consuming?
You are required to sit for a minimum of 26 half-days each year and to be available for full day sittings. The average magistrate sits for about 35 half-days a year. Arrangements for sittings are worked out well in advance on a rota basis and it's usually possible to make changes in an emergency. Training and meetings are an additional commitment. If you have more time to spare, you can volunteer, when sufficiently experienced, for extra sittings or you can train to join the Family or Youth Panels or the Betting and Gaming Committees.
How are magistrates selected and appointed?
Magistrates are appointed by the Secretary of State for Constitutional Affairs and Lord Chancellor, on the advice of local Advisory Committees. If you're interested in being appointed, you first need to complete an application form. The Advisory Committee may then invite you to a first interview and, if successful, a second interview to discuss the duties of a magistrate, your views on crime and punishment, and what qualities you might bring to the magistracy. Remember that not everyone who applies will be interviewed, and not everyone who is interviewed will be appointed.
Are there any restrictions on who can apply?
Yes. Candidates should live or work near to the bench to which they apply to be appointed. Very few people are automatically disqualified, but an undischarged bankrupt may not be appointed, nor anyone who has been convicted of a serious offence. Minor motoring offences will not normally disqualify you. Work for court associated organisations (such as the police, probation or prison service) or a relationship with someone working for them, will need special consideration to avoid any conflict of interest arising, and may debar you from appointment.
How long does the appointment process take?
Is there an age limit?
Normally, only people under 65 years of age are considered. Magistrates must retire from the bench at the age of 70.
Do I get paid?
No. Magistrates give up their time for the vital task of administering justice on a voluntary basis. However, many employers allow time off with pay for magistrates. If you do suffer loss of earnings, you may claim a loss allowance at a set rate. You can also claim allowances for travel and subsistence.
Depending on when you apply, the appointment process from your application to beginning your duties can take between 6-18 months. You will be kept informed of the progress of your application throughout this time.
How can I find out more?
General Questions
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For further information about the application process and to download application forms please visit
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