Magistrate (England and Wales)

This article is part of the series: Courts of England and Wales
Law of England and Wales
Administration
Civil and family courts
Criminal courts
Criminal prosecution
Legal profession

In England and Wales, magistrates (/ˈmædʒɪstrət/;[1] Welsh: ynad)[2] are trained volunteers, selected from the local community, who deal with a wide range of criminal and civil proceedings.[3] They are also known as Justices of the Peace.[3] In the adult criminal court, magistrates have equal sentencing powers to district judges (formerly stipendiary magistrates) and deliver verdicts on both “summary” and “either way” offences that carry up to twelve months in prison, or an unlimited fine.[4] Magistrates also sit in the family court where they help resolve disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10-17.[5] Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales,[6] and it is a role underpinned by the principles of 'local justice' and 'justice by one's peers'.[6]

Magistrates typically sit as a bench of three, known as a panel,[7] mixed in gender, age and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to hear warrant applications[8] or deal with uncontested matters heard under the single justice procedure.[9][10] All members of the bench have equal decision-making powers, but only the chairman, known as the Presiding Justice (PJ), speaks in court and presides over proceedings.[11] Magistrates are not required to have legal qualification; they are assisted in court by a legal adviser, who is a qualified solicitor or barrister, and who will ensure that the court is properly directed regarding the law.[12]

According to official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021.[13] There were 12,651 magistrates in 2021, which has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012.[13]

  1. ^ "Definition of MAGISTRATE". www.merriam-webster.com. 30 November 2023.
  2. ^ "Recriwtio Ynadon – Just another Justice On The Web site".
  3. ^ a b "Magistrates Association > About magistrates". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  4. ^ "Magistrates' Court". www.judiciary.uk. Retrieved 28 May 2022.
  5. ^ "Magistrates Association > About magistrates > Jurisdiction > Youth court". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  6. ^ a b "The role of the magistracy". Parliament.uk. Retrieved 28 May 2022.
  7. ^ "Criminal courts". GOV.UK. Retrieved 28 May 2022.
  8. ^ Search Warrants. Crown copyright. 2020. p. 132. ISBN 978-1-5286-2169-4.
  9. ^ "Single Justice Procedure Notice (SJPN)". www.singlejusticeprocedure.co.uk. Retrieved 28 May 2022.
  10. ^ "Criminal Justice and Courts Act 2015". Legislation.gov.uk. Retrieved 28 May 2022.
  11. ^ "Bench Chair". www.judiciary.uk. Retrieved 28 May 2022.
  12. ^ "Magistrates Association > About magistrates". www.magistrates-association.org.uk. Retrieved 28 May 2022.
  13. ^ a b "Diversity of the judiciary: Legal professions, new appointments and current post-holders – 2021 Statistics". GOV.UK. Retrieved 28 May 2022.