From top left to right: Jacqui Macdonald-Davis, Sarah Butters, Sarah Clarke, Val Castell, and Tracy Sortwell.
Although the magistracy has existed for over 650 years, it was only in 1919, when the Sex Disqualification (Removal) Act came into force, that the first women magistrates were appointed. 107 years later, 57 per cent of sitting magistrates are women, making the magistracy the most diverse part of the judiciary.
We asked some of our female trustees about their journeys to become magistrates and the importance of having diverse voices and experiences in the judiciary.
Why did you join the magistracy?
Jacqui MacDonald-Davis (JMD): I was brought up to take nothing for granted. To give something back to one’s community in some way and some form, and therefore, from an early age, I’ve volunteered. It was not lost on me that society is not equal for all, and some voices are seldom heard, particularly in the criminal justice system; and that was when I thought I could make a small difference by becoming a magistrate.
Sarah Butters (SB): I’ve always had an interest in the criminal justice system. In my first career, I was a broadcast journalist working in local TV and radio; I spent a lot of time gravitating towards crime-based stories and many days reporting from the courts on my patch. My former colleagues often joked that when I retired, they fully expected to find me in a court somewhere in Yorkshire observing justice in action. I’m not sure either they or I thought it would be as a magistrate.
I think being a magistrate is a pretty selfish volunteer role. I gain so much more than I give. I’ve gained knowledge, skills and a broader world view in the four years I have been part of the judiciary. I’ve gained friendships, opportunities and regained an ambition I thought was long gone. I have purpose. And all I’ve been asked to give is my time.
Being a magistrate has been so much more than I thought it would be. I’ve had the chance to turn an interest in criminal justice to making a difference within the world of criminal justice.
Sarah Clarke (SC): My aunt was a magistrate in Lancashire, and she felt strongly that you should give back to your local community. When I was in my twenties and thirties, she encouraged me to think about being a magistrate, but life rather got in the way of making an application. I’d always been interested in the law and the work of the courts so when my son started at primary school, I thought that it would be an ideal time to challenge myself and do something that would be good for me and benefit my local community.
Tracy Sortwell (TS): I applied shortly after my thirtieth birthday. I was a housewife and mum, who did quite a few voluntary things for the village and was pretty involved with the WI. The idea came to me as I drove past the court house in Peterborough. It was literally – I wonder if I could? I didn’t know anyone who was, so I went into the court building and asked for an application form.
Val Castell (VC): I wanted to become a magistrate because I had some spare time and wanted to use it to do something useful and interesting. As a Neighbourhood Watch Coordinator I also had some concerns about anti-social behaviour and damage to property, so there was also a feeling that the best way to improve anything is from within. Now of course I know that the courts have absolutely nothing to do with whether anyone is arrested or charged for anything!
Why is gender equality important within the magistracy?
JMD: It’s about hearing diverse voices, which come from different perspectives that can make all the difference in terms of how a case is viewed and the decision made as to the outcome for the person standing before you. Gender equality is about inclusivity, and equity. After all, we do make up just over half of the population of England and Wales, I believe; therefore, it’s imperative that our voice is heard and that we have a seat at every table.
SB: It’s about fairness. I think it is vital that the bench looks like the communities we represent. It is also really important that we have women to contribute a gendered perspective to the conversations we have within the retiring rooms.
SC: I think the magistracy sets the example within the judiciary for gender equality, and it’s vitally important that we have benches that represent our communities. Traditionally there have been far more men who are judges, whilst there’s ongoing work to address that imbalance, it’s really positive to see magistrates leading the way. When people come into court, they should have confidence that genders are equally represented.
VC: I think gender equality is part of the importance of equality in general. If we as magistrates can’t show that we can treat each other fairly we will never be able to convince anyone else that we will treat them fairly. The difficulty is always in trying to level the playing field without being thought to exercise positive discrimination. Compared to various workplaces I have experienced, the magistracy is a model of equality, but we are still working on it.
Are there added challenges for women?
JMD: There will always be challenges for women who are the predominant care givers in society, be it, having children of their own or caring for others. There are few women in society who are not juggling multiple roles and do so quietly with seldom a murmur. The notion that a woman can have it all (all at the same time), I believe is a fallacy…something has to give at some point – and there lies the challenge.
SB: Just last week I spoke to a retiring teacher who voiced an interest in joining but was put off by what she perceived as the commitment required. After I’d clarified the requirements, she vowed to put an application in. So false perceptions can be a barrier. In my view, we need to find ways to offer more flexibility to attract those who have caring responsibilities but also make the minimum sitting requirements clear. We also need clarity on the issue of half day sittings. I am clear that the experience of some of these people on our benches would be so very valuable.
SC: Yes, especially for younger working women who may be building their careers, juggling caring responsibilities as well as finding time to volunteer as a magistrate.
TS: I would hope that there are not different challenges for women now. As Bench Chair, the major challenges I am finding for new magistrates is the lack of support from employers in terms of allowing magistrates the time to undertake their duties.
VC: There are always challenges for women whatever we do. Now we are attracting younger recruits many have family commitments, and indeed with the cost of childcare many of our older magistrates have grandparenting commitments, and childcare still falls disproportionately on women. With sitting days getting ever longer and finishing times more unpredictable it is difficult for anyone who has children to pick up from school. We are getting better at talking about things and about reasonable adjustments so I hope anyone who is menopausal or menstruating and needs regular breaks would feel able to say so, but this is still work in progress.
What makes you proud to be a magistrate?
JMD: Feeling that I’ve made a small difference by playing a part in my community. The role is not one to be taken lightly, it really is about contributing to justice without fear or favour.
SB: When I go into community groups, school and colleges to talk to people about the work that we do as magistrates, I feel especially proud because I can see their reactions when I describe the responsibilities we take on and the time we dedicate to the role. It shows me there is a lack of appreciation within our society as to the scale of the contributions we make. However, when you get the opportunity to speak to people about the role and the responsibilities, I think people regard it as a valuable one. And that makes me very proud.
SC: We come together from a wide variety of backgrounds, with different experiences, all volunteering our time and working to reach the best decisions we can, dealing with people, often in pretty dire circumstances, fairly and with respect. There will always be some days which are better than others, but having that shared experience with fellow magistrates where you feel you can make a difference to people’s lives, is such a privilege.
TS: I am proud that I have been appointed to the role and that I have been fortunate to have been able to give my time to society. It has given me opportunities to develop my interpersonal, decision making and analytical skills, which I hope I am now demonstrating in my role as a Leadership Magistrate. It also gave me the confidence to apply to do a degree as a mature student.
VC: I am proud to be part of a body of people who come from a huge variety of backgrounds and are in the most part very fair to each other. I am proud that we are the most diverse sector of the magistracy. And I am proud that we play a large part in providing what is still a very fair justice service.
