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25 October 2024
Diversity, disparity and inclusion Practicalities of being a magistrate

For Black History Month, one of our members, Donna Clarke JP, shares her experience on the bench and why she encourages people from minority groups to apply for the role.

Text reads: member blog, Donna Clarke. It is accompanied by Donna's photo.

I’m Donna, a magistrate of 18 years, sitting in both adult and family jurisdictions in North Kent.

I became interested in the role of being a magistrate after studying law at A-level and learning about the breadth of work that magistrates undertake.

I was born in the UK and consider myself to be British. My parents were both born in Jamaica but have been here since their younger years. Though I grew up in London, I have lived in Kent for 20 years, so it feels natural for me to want to give back to my local community through volunteering as a magistrate. I enjoy the challenges of being a magistrate, and also the different responsibilities and features of criminal cases versus family cases.

I find my role as a magistrate very rewarding. The law is set in black-and-white, but I am able to interpret it and use my discretion to apply it with fairness and compassion. The decisions I make can have life-altering consequences for defendants and litigants. With this in mind, I take the role very seriously and at the end of the day in court, I can feel that I have contributed to the best outcome for all involved, including victims – where applicable.

For me, the most challenging thing as a magistrate is keeping up to date with constant changes in the law, changes in administration and in the court technology that we use. This must be done simultaneously with keeping abreast of changes in regulations and practices within my full-time job. Additionally, I try to keep up to date with special educational needs (SEN) law and SEN provisions, for the benefit of my disabled child, so all in all, there can be a lot of information intake and reading for me. This is before considering the lengthy reading of court bundles prior to a day sitting in family court.

When I became a magistrate at age 26, I was the youngest on my bench as they had not long changed the age discrimination laws to allow younger people to sit. I began at Dartford Magistrates’ Court and enjoyed many years there before it was closed down. At the time, there was not much diversity on the bench in terms of age and race, but things are somewhat more representative now.

I think that it is important to have diversity on the bench because, without it, perceptions of the justice system will be that it is operated by and for only certain sections of society. Defendants and parties in court come from different races and backgrounds, so it is desirable that when they enter a courtroom, they do not feel alienated from all the other players in the room. It is also good for magistrates to sit on benches and in retiring rooms with people who may have very different backgrounds to their own. The discussions with bench colleagues about court-related matters (and non-court-related matters) can be enriching and a learning tool for both.

When I am not on the bench, I enjoy theatre, weightlifting at the gym and planning holidays. I am employed as an engineering works manager for Transport for London. This job is mainly at night time which is when trackside engineering works take place. I do this in combination with caring for a child with severe special needs, so life can be busy and demanding. However, I find that court work is very different from the other areas of my life, and it is a welcome difference that makes my life experience more interesting.

I’m fairly new to the Magistrates’ Association (MA), having signed up within the past 12 months. I was inspired by some MA members who organised a trip to a local women’s open prison. I found the tour to be very insightful and was interested to learn more than just the bare-bones information you are otherwise supplied with. The MA offers a lot to enrich your learning and your experience as a magistrate.

To those from minority groups who are considering applying to be a magistrate, I would encourage them to go for it and to remember that representation matters!

I know that some people express concerns that the magistracy and wider judiciary are dominated by certain sections of society and groups which are very unwelcoming to minorities. To people with such concerns, I always highlight that there will never be a better balance unless they too get involved. Be the representation that you want to see!