Lay justice and magistrates
above justice. This budget cut has been felt most by those working in the various types of Magistrates’ Courts (Family Courts, Junior Courts, Courts of Equity, Court of Probate etc.). The CPS has stated that it costs around £1,150 (per diem) to run a Magistrates’ Court and £1,900 to run a crown court ; it is therefore understandable that in the last decade the number of volunteer magistrates has fallen by 50%. 9 The annual budget the Judicial College allocated for the training of magistrates in 2009was £110 per magistrate, that number is now £36, yet a staggering £629 10 is set aside each year for the training of District Judges. This difference shows not only the skill gap between magistrates and DJs but the sheer lack of training given to magistrates. One particular magistrate who also worked as a university professor stated that she was ‘truly shocked by the lack of professional training in what should be a professional role’. 11 Before I discuss the recruitment process for magistrates I shall – for the sake of perspective – outline the process of becoming a District Judge. In order to apply one must have a law degree, a post-graduate legal qualification, a minimum of five years ’ experience as a barrister or solicitor, two years ’ experience sitting as a deputy District Judge and additional vocational training. It takes around 12 years at least to become eligible to apply for the position of DJ and even then you must then acquire professional references, go through an interview process and partake in an assessed moot trial (and an applicant may have to go through the process several times to succeed). Magistrates have almost exactly the same powers as district judges yet need only to fill out a form, attend one interview and show evidence of charity work and be willing to give 13 days a year. Upon succeeding in their application, magistrates are given 18 hours introductory training and must shadow a magistrate for three days. Magistrates go through a performance assessment once every three years which is a maximum of one day being shadowed and it is often done by someone they know. The difference is astounding and yet whether a defendant stands in front of a magistrate or DJ is pure luck. The 2016 House of Commons Justice Committee formed of several ex-magistrates condemned the selection process of magistrate s as ‘inadequate, woeful and unfit for purpose’ . 12 The final nail in the magisterial coffin is the significant lack of diversity observed in the Magistrates’ Courts. The majority of defendants brought before the magistrates will not see their cultural heritage represented in their audience. The local justice championed by commonly male and pale chief justices and politicians does not seem to be provided for all. There is therefore a considerable lack of faith in the Magistrates’ Courts by many people who f ear that one of the few benefits they gain by appearing in front of a magistrate instead of a justice is lost. Moreover, a study shows that defendants and claimants alike feel they are treated unfairly more often when their case was heard by an audience in which their cultural heritage was not represented. As Jane C. Donaghue has said: ‘Majority social groups, most notably white, middle-class professionals, have been over-represented in the magistracy, inevitably inviting the criticism that lay participation is not inclusive or indeed fundamentally democratic.’ 13 Although initiatives from The National Recruitment Strategy have had a noticeable effect in increasing public confidence in the Magistrates’ Court System (a 5% increase in publicity confidence from 2003 - 2007) 14 there is still a significant lack of structural change in the recruiting process of magistrates. 58% 9 Ministry of Justice Quarterly Statistic Bulletin (January 2016). 10 Judicial College Annual Report 2016. 11 The Secret Barrister Anonymous (2018), quote given in confidence. 12 2016 House of Commons Justice Committee meeting. 13 Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales Jane C. Donoghue (2014). 14 Publishing, 2008); A. Ames, R. Szyndler. J. Keith, R. Gaunt, S. Davies and C. Mottman, The Strengths and Skills Magistrates' Courts (2011).
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