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Magistrate (England and Wales)

This article is part of the series: Courts of England and Wales
Law of England and Wales
Administration
Civil and family courts
Criminal courts
Criminal prosecution
Legal profession

In England and Wales, magistrates (/ˈmædʒɪstrət/;[1] Welsh: ynad)[2] are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings.[3] They are also known as Justices of the Peace.[3] In the adult criminal court, magistrates decide on offences that carry up to twelve months in prison, or an unlimited fine.[4] Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10-17.[5] Established over 650 years ago[when?], the magistracy is a key part of the judiciary of England and Wales,[6] and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.[6]

Magistrates typically sit as a bench of three,[7] mixed in gender, age and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to hear warrant applications[8] or deal with uncontested matters heard under the single justice procedure.[9][10] All members of the bench have equal decision-making powers, but only the chairman, known as the Presiding Justice (PJ), speaks in court and presides over proceedings.[11] Magistrates are not required to have legal qualification; they are assisted in court by a legal adviser, who is a qualified solicitor or barrister, and who will ensure that the court is properly directed regarding the law.[12]

According to official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021.[13] There were 12,651 magistrates in 2021, which has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012.[13]

  1. ^ "Definition of MAGISTRATE". www.merriam-webster.com. 30 November 2023.
  2. ^ "Recriwtio Ynadon – Just another Justice On The Web site".
  3. ^ a b "Magistrates Association > About magistrates". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  4. ^ "Magistrates' Court". www.judiciary.uk. Retrieved 28 May 2022.
  5. ^ "Magistrates Association > About magistrates > Jurisdiction > Youth court". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  6. ^ a b "The role of the magistracy". Parliament.uk. Retrieved 28 May 2022.
  7. ^ "Criminal courts". GOV.UK. Retrieved 28 May 2022.
  8. ^ Search Warrants. Crown copyright. 2020. p. 132. ISBN 978-1-5286-2169-4.
  9. ^ "Single Justice Procedure Notice (SJPN)". www.singlejusticeprocedure.co.uk. Retrieved 28 May 2022.
  10. ^ "Criminal Justice and Courts Act 2015". Legislation.gov.uk. Retrieved 28 May 2022.
  11. ^ "Bench Chair". www.judiciary.uk. Retrieved 28 May 2022.
  12. ^ "Magistrates Association > About magistrates". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  13. ^ a b "Diversity of the judiciary: Legal professions, new appointments and current post-holders – 2021 Statistics". GOV.UK. Retrieved 28 May 2022.

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