About Magistrates

Who are magistrates?

Magistrates have an important role in magistrates’ courts. This is not a job they do everyday  –  this is a voluntary role so it is not paid (just expenses for travel and food) and the magistrates come and sit in court about one day a fortnight. In the rest of the time they perhaps work in jobs from bus drivers to architects, pilots to mechanics, nursery nurses to teachers. Some magistrates may be retired, parents looking after small children, unemployed or students. Magistrates come from all parts of the community. There are about equal numbers of male and female magistrates and whenever possible there are magistrates representing different ethnic groups, different ages, different occupations and different cultures.

Anyone can apply to become a magistrate as long as they are able to undertake a minimum of 26 half day sittings a year (a sitting is the name given for every morning or afternoon that a magistrate goes to court). You can apply once you reach the age of 18 and you have to retire once you become 70.

Magistrates in court

Magistrates sit as a panel of three people – a chairman sits in the middle, does all the talking in court  and is usually an experienced magistrate. The two magistrates on either side are called wingers, although they do not speak out in court they do take part in all the decision made in court and you will see the magistrates often talk together in hushed voices.

What do magistrates do in court?

Magistrates listen very carefully to everything said in court. They have to decide who is telling the truth and whether they think the defendant is guilty or innocent. Magistrates have to decide what will happen to someone who either admits they have broken the law or someone who is found guilty after a trial. There are a number of choices - they can fine someone which means they have to pay some money to the court, stop them from going out at night by putting an electronic tag on them, ask them to attend a clinic to help them if they are addicted to drugs or alcohol or to attend classes to help train them for work - or they may even send them to prison.

What sort of cases do they deal with?

Magistrates deal with less serious crimes such as stealing a bike, breaking a window, getting into a fight and hurting someone, being very drunk and shouting nasty comments which frighten people and driving a car through a red traffic light.

Some magistrates sit in special courts for young people under 18 called youth courts where there is a different way of dealing with young people who have got into trouble.

There are also family courts which try to help people sort out family problems; sometimes when families split up, parents argue about where their children will live, where they will go to school. Magistrates always hope that families can talk and sort these things out but sometimes the magistrates have to decide for them.

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