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to topHer Majesty’s Courts Service (HMCS), which is an agency of the Ministry of Justice, is responsible for the administration of justices’ expenses. Section 2 of the Courts Act confers on the Lord Chancellor, the power to set the rates at which allowances can be paid. The rates are reviewed annually by HMCS and notified to justices and HMCS staff. Further information about allowances can be found under About Magistrates/Magistrates’ Allowances.
The Association strongly advises magistrates not to give presentations alone but to take a colleague along for support. Your bench/branch probably has a Magistrates in the Community co-ordinator. There is a basic guide which has mix and match options to suit most audiences. Talk to Ann Flintham who can advise and help with materials and contacts. There are materials available from the Private MIC Index in the members' area of this website.
It is Association policy not to reveal any details about members without their permission. However being a magistrate is a public appointment so a list of magistrates will be published by the advisory committee and it is very likely that this will be available in the library. Identification of magistrates sitting in court varies from area to area. As this is a public appointment one could argue that public confidence in the system can only be brought about by public identification of magistrates.
Clearly magistrates have undertaken a serious role and it is very important that they do, and are seen to uphold the law. Advisory committees have guidelines regarding convictions and whilst a magistrate would not be expected to resign over a parking ticket difficulties would arise if for example a magistrate was convicted of excess alcohol, breach of trust etc.
There are clear guidelines to be followed regarding any leave of absence. Any time up to three months can be dealt with by the bench chairman but over that time the advisory committee will have to be consulted. It is unusual for leave of absence to be granted for a period longer than 18 months.
There is no automatic right of appointment to another area when a magistrate moves. Advisory committees do give sympathetic consideration to the transfer of a justice, taking into account their experience and training, provided that the magistrate can fit into the bench requirement in the new area. In the first instance the magistrate should notify the advisory committee and out of courtesy the bench chairman.
The first thing to check is what exactly you are being asked to sign. A careful look at the form may reveal exactly what is requested and may be quite uncomplicated. It may just require authentication of a signature. If more is required, as for example on a passport where it is necessary to say how long the person signing it has known the applicant, it is clear that you should not sign a form presented by a stranger. If in any doubt do not sign without first checking with a senior colleague, bench chairman or clerk.
The guiding principle here is that magistrates should not appear to be deriving any benefit, financial or otherwise from their office as a JP. The letters JP should not be used for the furtherance of trade, professional, business or political interests. The following guidance has been issued by the Ministry of Justice (MoJ):
a) The suffix may be used on private and business letterheads and other materials in the same way as suffixes relating to orders and decorations, academic or professional qualifications and similar references to status would naturally be used. (Guidance on the correct order of suffixes can be found at www.debretts.co.uk.)
b) However magistrates should, when considering using the suffix in this way, bear in mind the perceptions such usage can create. It should not, for instance, be given undue prominence when compared with other qualifications or honours. The MoJ have had a number of complaints where it has been felt that individuals have been using the suffix as a way of gaining undue influence, financial gain or credibility for their views, particularly in relation to justice matters and even individual cases. This will often, of course, be a matter of perception, but magistrates should always be alert to how references to their status might reasonably strike. Any attempt to misuse the status to gain benefit in this way would remain, potentially, a matter of misconduct.
c) There is particular sensitivity around usage in an electoral context. In this context, magistrates may refer to their status, as a matter or record and as evidence of their commitment to the local community and volunteering generally. However they must ensure that this is not done in a way which could reasonably be thought to cast doubt on their political impartiality on the bench – the importance of maintaining a politically neutral judiciary is paramount.
If magistrates wanting to use the suffix have any doubts of the propriety of the intended usage they should consult their local Advisory Committee.
Advisory Committees who are unsure as to potential usage should consult with their MoJ liaison team.
Magistrates on the supplemental list
d) The above guidance will also apply to those magistrates on the supplemental list.
It is always best to check with your bench chairman but generally you would only be asked to refrain from sitting in the family proceedings court whilst proceedings are going through.
Reading the Magistrate magazine will help to keep you up-to-date, especially in the legal pages. If a particular subject is not covered in the magazine, the links section of this website often has good links to other relevant sites. The private members’ area of this website has a Legal Guidance section and also a Latest News page, with links that cover most of the current issues concerning magistrates.
The clause in the Courts Act averting the effect of the Act of Settlement came into effect as soon as Royal Assent was given in November 2003. This now means that any non-British resident of the UK can now apply to become a magistrate as long as they are content to take the oath of allegiance.
Often the easiest way to do this is to telephone your nearest magistrates' court and explain what you need doing. Usually they will ask you to attend court so that this can be done by a magistrate before court starts at 10am but local practices do vary.