Every day, the Magistrates’ Association (MA) advocates on behalf of its members. Our national officers, together with our five policy committees and supported by our small staff team, cover a wide range of issues that matter most to our members and represent the organisation on external bodies. Since our last advocacy update in November, we have prioritised the following eight issues.
1. Independent review of sentencing
The MA has submitted its response to the call for evidence to the government’s sentencing review led by the Rt Hon David Gauke, the former Lord Chancellor. Our recommendations for sentencing reform are based on our surveys of members, and there are three key recommendations:
- More constructive, flexible, and creative sentencing options
- Increased capacity within the probation service to support community sentencing
- The continued availability of short custodial sentences where no viable alternative exists.
You can read our press release and our full consultation response to find out more.
2. Independent review of criminal courts
The Rt Hon Sir Brian Leveson, the former Senior Presiding Judge, has been asked by the government to conduct a review of the structure and efficiency of criminal courts, with a focus on reducing the record case backlogs in the crown court.
The MA met with Sir Brian before Christmas, and last month, we submitted our recommendations for structural reform to him. We highlighted magistrates’ readiness to assist with crown court backlogs, contingent on improvements to the recruitment and retention of magistrates, and increased capacity in availability of legal advisers and probation services. Our recommendations included:
- The extension of magistrates’ sentencing range to 24 months (in line with youth courts)
- The removal of either-way offences, with magistrates’ courts deciding upon allocation
- The establishment of intermediate courts with benches comprising a district judge and two magistrates sitting equally as a panel of three.
You can read our press release and our full consultation response to find out more.
3. Judicial security
We have seen a rise in messages from members expressing concerns about both physical and online security, including regarding the adequacy and relevance of information available to magistrates and the physical security of court buildings. Some of the existing guidance is inaccurate or seems tailored more toward the salaried judiciary.
In December, we met with HM Courts & Tribunals Service’s (HMCTS) senior security advisor and head of security to discuss the ongoing review of judicial security resources. One of our deputy chairs, David Ford JP, has joined the Judicial Security Committee to help represent magistrates’ concerns.
We are planning a webinar on judicial security in the coming months, and we will be featuring an article on the subject in our Magistrate magazine.
4. MA publishes guide for members on new social media guidance
In October 2024, the Judicial Office published updated guidance on using social media, for all judges and magistrates in England and Wales. Some of you told us you were concerned that it didn’t fully take into account the needs of magistrates who use social media for professional or personal purposes. We felt the same way and contacted the Judicial Office on members’ behalf.
We have now had a reply and, as a result of this, we have written this short guide for members who use social media, or who may use it in future.
We are pleased to confirm there is no blanket ban on magistrates using social media. However, security and impartiality remain crucial.
Key advice:
- Remove magistrate references: Avoid mentioning your role or using ‘JP’ in profiles.
- Think before you post: Be mindful when engaging with content, especially regarding legal or sensitive topics.
- Share outreach with care: Use group photos and avoid naming individual magistrates.
Magistrates can still share professional content and engage with MA posts – just ensure your activity aligns with the guidance. Contact us at media@magistrates-association.org.uk if you have any questions.
5. MA secures clarification on magistrate access to non-home courts
After raising concerns about search policies for visiting magistrates, we have received written confirmation from HMCTS Chief Executive Nick Goodwin that magistrates are exempt from security searches when presenting their HMCTS ID pass. This policy applies regardless of the court being visited, provided magistrates are on the daily hearing list or a pre-approved list for meetings, training, or other legitimate business.
Additionally, magistrates attending a court for multiple days should be issued with a local pass or digital access code for streamlined entry. We also secured clarification that magistrates may be granted early access to court buildings when necessary. Magistrates are encouraged to liaise with the senior person on site ahead of their visit to facilitate early access and address any safety concerns.
HMCTS has assured us that local managers will be reminded of these arrangements to ensure consistent application of the policy across all court sites.
6. Probation changes impacting magistrates’ courts
We are closely monitoring the impact of recent changes in probation services announced by Shabana Mahmood, Lord Chancellor and Secretary of State for Justice. The Ministry of Justice’s £12.5 million initiative aims to prioritise medium- and high-risk offenders while streamlining support for low-risk individuals.
These changes could significantly affect magistrates’ courts, particularly regarding accredited programmes (APs) and rehabilitation activity requirements (RARs). While RARs are more common in magistrates’ courts, we are concerned that the full impact remains unclear.
The MA has written to Shabana Mahmood and Chief Probation Officer Kim Thornden-Edwards regarding these developments, and we will keep you updated.
7. Local justice area reforms
At our national conference in November, Minister Lord Ponsonby and the Senior Presiding Judge, Lord Justice Nicholas Green, confirmed that the long-awaited consultation on changes to local justice areas and governance of the magistracy, will be published early in 2025. The latest information that we have is that publication is likely to happen around late March/early April. We have been promised that it is a genuine consultation, and that all magistrates will be encouraged to submit their views over the consultation period of 12 weeks.
The MA has previously published a list of principles that we think should underpin reform, such as ‘election not selection’ for key leadership roles both nationally and at bench level, changes only being made when they have been clearly thought through and that implementation should not be rushed, and the principle of local justice should be upheld in any new structure.
We will be organising a webinar for magistrates once the consultation paper is published, to talk through the questions and issues.
8. Open justice
We are responding to the consultation by the Open Justice Board that was recently established by the Lady Chief Justice, broadly supporting its proposed objectives for open justice. However, we have advocated that the Board’s current objectives don’t go far enough and should include the publication of far more data on the courts and justice. We also emphasised the importance of courtroom accessibility and security to properly open justice.
Photo credit: © Philip Wolmuth
