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Publications

We produce advocacy reports, briefing notes, consultation responses and position statements to support our policy work. Use the search box or filters to find what you're looking for, and drop us a line with any questions.

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  • Diversity, disparity and inclusion
  • Practicalities of being a magistrate

Half-day sittings

Our new position statement on half-day sittings is based on our members’ experiences and views. There is considerable variation between benches about accommodating requests for half-day sittings, with some benches allowing them and some not. Half-day sittings enable magistrates with additional commitments like employment, young children, or caring responsibilities to sit – likewise for many disabled magistrates, who may find it difficult to sit for a full day. Our position statement advances a case for half-day sittings being available to all magistrates – an arrangement that we feel would improve individual experiences for some magistrates and benefit the magistracy as a whole.
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  • Adult court matters
  • Diversity, disparity and inclusion
  • Youth court matters

Turning 18 in the youth jurisdiction

Every year, hundreds of children are charged with offences that do not reach court until the child has turned 18. This leads to childhood criminality being dealt with in the adult court, which lacks the specialist focus on welfare and preventing reoffending that underpin the youth jurisdiction. We believe that offences committed during childhood should be retained in the youth justice system.
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  • Adult court matters

Single Justice Procedure

Reflecting hundreds of our members’ insights into hearing Single Justice Procedure (SJP) cases over the last eight years since it was introduced, our position statement highlights that the SJP needs reform if it is to be seen as fair and transparent. We have made twelve recommendations to improve the operation, transparency and fairness of the SJP.
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  • Diversity, disparity and inclusion
  • Practicalities of being a magistrate

Inaccessible courts: a barrier to justice

We reveal that three quarters of magistrates courts are insufficiently accessible. We identify the barriers this creates for the public and magistrates and make six recommendations to urgently address the systemic issues in the court estate.
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  • Adult court matters

Utility warrants for pre-payment meters

We address magistrates' role in applications for installation of pre-payment meters and how vulnerability is considered. We stress that reform of this system should be pursued in Parliament.
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  • Adult court matters
  • Wider justice system
  • Youth court matters

Out of court disposals: Fit for purpose or in need of reform?

We reveal a lack of comprehensive scrutiny of out of court disposals (OOCDs) and call for reforms to ensure consistent use and scrutiny of these police powers. We make seven recommendations that will, if implemented, achieve this.
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  • Practicalities of being a magistrate

It shouldn’t cost to volunteer

Our seminal report on the costs to volunteer to be a magistrate uses findings of a survey of nearly 1,400 magistrates. It finds that the expenses regime does not compensate losses fully, leaving the majority of magistrates consistently out-of-pocket.
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  • Adult court matters
  • Youth court matters

Victim surcharge increase

We oppose the increase in victim surcharge rates. Magistrates apply the law as reformed after this consultation but we continue to raise our concerns around the use of the victim surcharge in youth court and the impact on people on low incomes.
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  • Adult court matters
  • Wider justice system
  • Youth court matters

Magistrates’ courts and Covid-19

Our report reveals the negative impacts of remote links to conduct criminal cases in magistrate’s courts including poor technology provision during the pandemic and the damaging effects for communication, morale, and the gravity of court proceedings.
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  • Diversity, disparity and inclusion
  • Practicalities of being a magistrate

Providing support to employed magistrates

Our young magistrates' network sets out the necessary steps to support magistrates who are employed. It makes recommendations for better resources and signposting.
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  • Adult court matters
  • Diversity, disparity and inclusion

Unauthorised encampments

We oppose the creation of a specific new criminal offence that could lead to excessive or unintentional criminalisation.
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  • Adult court matters
  • Knife and weapon crime
  • Youth court matters

Knife crime prevention orders

We call for caution in the implementation of Knife Crime Prevention Orders as the current law already covers knife crime offences adequately. Police should send cases to court rather than imposing restrictive orders without court oversight.
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  • Family court matters
  • Wider justice system

Legal Aid

We voice our concern about the increase in unrepresented litigants appearing in criminal and family jurisdictions following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the negative impacts on participation that result.
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  • Adult court matters

Single Justice Procedure

We support the use of the single justice procedure to improve the efficiency of criminal justice but we voice our concern that it is insufficiently open and transparent.
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  • Wider justice system

Justice in Wales

We maintain a neutral position on the issues of devolution and a separate jurisdiction in Wales.
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  • Practicalities of being a magistrate

Increasing magistrate retirement age

We advocate for an increase of the retirement age to 75 from 70. This policy was accepted and implemented by the Ministry of Justice in 2022.
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  • Adult court matters
  • Diversity, disparity and inclusion
  • Motoring offences

Driving bans and exceptional hardship

We set out the current law on magistrates' considerations in relation to issues like exceptional hardship when they consider imposing a driving ban on a defendant.
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  • Adult court matters
  • Diversity, disparity and inclusion

Decriminalisation of non-payment of tv licence fee

We recognise the gendered outcomes of the offence and review data, but note that reform of the offence is a matter for parliament.
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  • Adult court matters
  • Youth court matters

Maturity in the magistrates’ court

Our research shows that lack of maturity should be properly acknowledged but is often raised too late in the magistrate’s court process. We call for maturity to be independently assessed and information presented to the court at a first hearing.
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  • Adult court matters

Extending the jurisdiction of magistrates’ courts

We advocate for a change to sentencing options in the magistrates' court that would increase efficiency in the criminal justice system and reduce crown court backlogs.
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