Meet the magistrate busting myths

Nicola always wanted to study law but chose not to go to university as planned so she could bring up her son.

Now she’s training to be a solicitor – and her career journey restarted when she decided to start volunteering as a magistrate 10 years ago.

With a system under pressure and a need for more diversity, the Ministry of Justice is on the lookout for new volunteers to serve as magistrates in the south east.

This key role in the community helps deliver justice and provides individuals with great life skills to help at home or in the workplace. It could even lead to a new career.

But who can apply, and what does the role entail? Let us bust some myths about what goes on in the courtroom, with the help of Nicola, 44, from Brighton.

MYTH #1 – YOU NEED SOME LEGAL KNOWLEDGE

This is a complete myth!

Not only do you not require a law degree to become a magistrate, you do not need any legal background or experience. You’ll get support from a fully-qualified legal adviser to help with every case and all new magistrates will have training to understand their role.

The judiciary want as many people from as many different walks of life as possible, as magistrates will listen to cases concerning people from right across the community.

What matters are strong communication skills, a sense of fairness, and an ability to consider different sides of an argument in a professional way.

Nicola was always interested in working in the legal profession at some point – but had no experience before becoming a magistrate 10 years ago.

Nicola says: “I have always worked and had several sorts of jobs before I started as a magistrate. It wasn’t initially my plan.

“I now work in the legal profession but not on the criminal side of things - I am gaining that experience now by being a magistrate.

“People have a preconceived idea of how courts work based on what they have seen on tv. People don’t realise that you don’t need a legal qualification to do it and you receive all the training you need.

“I sit with people from all backgrounds who do all kinds of jobs. It’s important that we have that mix and I always encourage people to go and sit in a public gallery and see how things work.”

MYTH #2 – IT IS A FULL-TIME JOB

Again, this is a myth!

Magistrates are volunteers – which means they are not paid – who must serve at least 13 days per year, plus training.

Many magistrates do more days than this but it depends on every person’s situation.

Employers are legally required to allow time off for this important public role. If your employer does not allow paid time off, or you are self employed, you can claim loss of earnings of up to £134.96 per day.

Nicola says: “If you are interested in becoming a magistrate then speak to your manager straight away. I was working for an energy firm when I first started and they were happy to support me.

“I requested time off for my court sittings every month and the agreement was that I was allowed 18 days per year.

“My employers now are the same. They see the benefits of having staff volunteer and you develop skills like judgement and reasoning over time.”

MYTH #3 – IT IS FOR RETIRED PEOPLE

It is not just a role for retired people! It is important to have people from all sections of society serving, and the number of magistrates who volunteer while in full-time employment is growing all the time.

The minimum age is 18 and there is flexibility around sitting days which could be ideal for somebody who works shifts or is still in education.

After an initial half-day training session, magistrates have a three or five-day introductory training programme and then are assigned a mentor to help them learn and develop as they settle into the role.

Nicola says: “It is a role for anyone. My son is 24 and deals with elements of criminal proceedings through his work, which provokes interesting conversations between us on process. I have a weekend job at a music and arts theatre, where I encounter a different work environment.

“It keeps me busy but I enjoy all of my jobs, as they all bring different elements to the role.

“You can bring a personal element to every case because everyone feels empathy and has something they bring to the table. You learn to leave your bias at the door and listen only to the evidence in front of you

“You are there to judge a case based on the facts.”

All training is free, and magistrates receive expenses for the days they attend.

Sound good? Make the first step to becoming a magistrate now here.

· Applications for magistrates in Brighton and the south east are now open. Register your interest: icanbeamagistrate.co.uk

· New enhanced sentencing powers were introduced to tackle the inherited crisis in prisons and Crown Courts, allowing magistrates to hand-down prison sentences of up to a year.

· Be part of a diverse magistrate group that helps shape fair and inclusive outcomes in criminal and family courts.

· Register your interest and help ensure justice is fair and representative in your local community.

· Only criminal court magistrates deliver sentences. They can sentence people for up to 12 months for a single offence. While family magistrates don’t pass sentences, they do make decisions that affect vulnerable children, support separated parents in making arrangements for their children, enforce child maintenance orders, and help prevent domestic abuse.  

· More information about the magistrates’ sentencing powers can be found here: Increased sentencing powers for magistrates to address prisons crisis - GOV.UK. 

· Magistrates must retire by the age of 75 and are expected to serve for at least five years. The application process can take between 12 and 18 months. If you are nearing the retirement age, please consider this timeline before applying.