Lay justice and magistrates
of practising magistrates are above 60, an increase of 26% since 1989; 15 only 10% of magistrates identify as BAME (Black, Asian and Minority Ethnic), yet the UK population is 14.1% BAME. Only 4% of magistrates are disabled yet 16% of the UK working age population has a disability. These statistics make the fact very clear. Magistrates’ Courts are not an apt representation of our diverse modern society and it is therefore untrue to say that a British citizen will have the chance to be tried with an audience of peers. Geoffrey Robertson QC, in a statement to the House of Commons Home Affairs Committee in 1995, described magistrates as ‘ladies and gentlemen, bountiful, politically imbalanced, unrepresentative of ethnic minority groups and women who slow down the system and cost a fortune ’ . Lord Hewart ’s aphorism ‘ Not only must Justice be done; it must also be seen to be done ’ struggles for purchase in the modern Magistrates Court. Faith in the justice system stems from the public’s confidence in fairness and equality. The Magistrates’ Court System achieves neither. In conclusion, the Magistrates’ Court System is underfunded, unrepresentative and unjust. It has been allowed to operate at an unacceptable standard for far too long owing to its traditional place in our democratic society and, while peer judgement is an essential part of democracy as it promotes equality and justice, these pillars of society cannot be achieved through the Magisterial System in its current state, as not all members of society that stand in the dock of court can be certain they will receive fair and unbiased treatment.
15 The Secret Barrister (2018).
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