The Magistrates’ Association has said that while it is proud that the magistracy remains the most diverse part of the judiciary, progress on magistrate diversity has slowed. It has called for urgent action to restart the momentum.
Responding to yesterday’s judicial diversity statistics, published by the Ministry of Justice, the Association said that there are some positive indicators – for example, 57 per cent of sitting magistrates are women, 12 per cent of applicants had declared a disability, with 11 per cent of new magistrate appointments being disabled (up from nine per cent last year). Additionally, nine per cent of new appointees identify as lesbian, gay, or bisexual.[1]
However, the failure to improve ethnic diversity among new magistrates, and the continuing lack of age diversity, show that more needs to be done. For example, while 14 per cent of magistrates are from ethnic minorities, this is below the 18 per cent in the general population, and the gap has slightly widened over the past year.
“It is frustrating that on several key measures, progress appears to have stalled,” said Tom Franklin, Chief Executive of the Association. “We are calling for a comprehensive plan to jump-start efforts to create a magistracy that even better reflects the society it serves.”
In light of yesterday’s data, the Magistrates’ Association is calling for a renewed focus on removing barriers to recruitment and retention, including:
- Reforming the magistrates’ expenses system so that no one is left out of pocket for volunteering. Our report It Shouldn’t Cost to Volunteer shows the current system disproportionately affects younger magistrates and those from Black, Asian and minority ethnic backgrounds. We’re pleased that Lord Ponsonby of Shulbrede, the minister responsible for magistrates, has announced an expenses review – it cannot come soon enough.
- Better data and transparency, including urgent work to understand why such a large gap exists between the proportion of applicants from Black, Asian and minority ethnic backgrounds (26 per cent) and those appointed (13 per cent). The gap is even more striking for Black applicants – eight per cent of applicants, but just one per cent of appointments.
- Greater flexibility in sitting arrangements, including more widespread adoption of half-day sittings, to support employed magistrates and those with caring responsibilities. This was set out in our position statement on Half-Day Sittings.
- A Magistrates’ Volunteer Charter, as proposed in our Magistrates Matter report, to codify magistrates’ rights and responsibilities and strengthen the volunteering offer.
- Ensuring that structural reforms to how magistrates are organised – such as those affecting local justice areas – support diversity rather than undermine it. As we said in our local justice area reforms position statement, current proposals around magistrate deployment risk increasing travel expectations, disadvantaging carers and those without private transport.
- A comprehensive magistrates’ recruitment and retention strategy, including targeted outreach to underrepresented communities (as proposed in Magistrates Matter).
Alongside the official data, the Association has recently undertaken its own small survey of 200 members from underrepresented groups – including Black, Asian and minority ethnic magistrates, LGBT+ magistrates, those under 40, and disabled magistrates. While many reported positive experiences, others highlighted barriers to participation and inclusion. Younger magistrates spoke of financial losses that deter them from sitting more often; some Black, Asian and minority ethnic magistrates said they felt they had to work harder to be seen as credible; and a significant number of LGBT+ magistrates said they were not comfortable being open about their identity in court. And disabled magistrates reported a lack of flexibility around sittings, with some experiencing patronising behaviour from others or assumptions about their abilities. All these findings reinforce the need for practical changes to ensure all magistrates are supported to thrive.
Tom Franklin, Chief Executive of the Magistrates’ Association, said:
“We are proud that the magistracy is the most diverse part of the judiciary. But that doesn’t mean we can be complacent – there needs to be concerted action from the Ministry of Justice, the Judicial Office, and HM Courts and Tribunals Service. The low level of appointments from Black, Asian and minority ethnic communities is a real concern – particularly when the proportion of applicants from these backgrounds is rising. There needs to be urgent action to understand what’s driving this gap and how to address it.
“At the same time, younger magistrates and those from lower-income backgrounds are telling us that the expenses system and inflexible sitting arrangements are making it harder for them to continue. These barriers need to be removed to help build a truly inclusive and sustainable magistracy.”
“Our members are passionate, committed, and bring a huge range of lived experience to the bench. But they deserve a system that supports inclusion, tackles structural inequalities, and invests in their success.”
[1] Information about the appointment of new trans magistrates was not published – we would like to see this in future editions.
