Magistrates Courts

For information about Magistrates see Magistrates.

There are currently two types of magistrate: lay magistrates and legal professionals permanently employed by the Ministry of Justice. (United Kingdom) (until May 2007, the Department for Constitutional Affairs). The first group of about 30,000 people, known as lay Justices of the Peace, sit voluntarily. They receive training and tend to sit on minor cases. The second group, professional magistrates, are nowadays known as District Judges (Magistrates' Court), although hitherto they were known as Stipendiary Magistrates (which is to say, magistrates who received a stipend or payment). Unlike lay magistrates, District Judges (Magistrates' Court) sit alone and have the authority to sit in any magistrates' court.

Magistrates' sentencing powers extend to shorter periods of custody (maximum of six months, or twelve months for consecutive sentences), fines (maximum £5,000), community orders which can include curfews, electronic tagging, requirements to perform unpaid work up to 300 hours or supervision up to 3 years and/or a miscellany of other options. Magistrates hear committal proceedings for certain offences, and can establish whether sufficient evidence exists to pass the case to a higher court for trial and sentencing. In more serious cases, Magistrates have power to pass 'either-way' offenders to the Crown Court for sentencing when, in the opinion of the magistrates, a penalty greater than can be given in the Magistrates' court is warranted. A wide range of other legal matters are within the remit of magistrates. In the past, magistrates have been responsible for granting licences to sell alcohol, for instance, but this function is now exercised by local councils though there is a right of appeal to the Magistrates' court. Magistrates are also responsible for granting search warrants to the police and some other authorities. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales— . . . b)addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus every Magistrate in England and Wales may act as a magistrate anywhere in England or Wales. (But see section 9 of the Official Secrets Act 1911.)

There are two types of magistrate in England and Wales: As per requirements, around 50% of them are women, although the majority are seen as "middle class, middle aged and middle minded" with over 41% of Magistrates retired from employment.

Magistrates are unpaid volunteers but they may receive allowances to cover travelling expenses, subsistence and loss of earnings for those not paid by their employer whilst sitting as a magistrate. They are appointed to their local bench, (a colloquial and legal term for the local court), and are provided with advice, especially on sentencing, by a legally qualified Clerk to the Justices. They will normally sit as a panel of three with two as a minimum. Most are members of the Magistrates' Association, which provides advice, training and sentencing guidelines and represents the 30,000 lay magistrates to the Government.