Ministry of Justice 

The Lord Chancellor is responsible for the appointment, on behalf of Her Majesty The Queen, of all magistrates, otherwise known as justices of the peace, in England and Wales. At present there are around 29,500 lay magistrates in England and Wales who deal with approximately 97% of all criminal cases brought before the courts.

The Lord Chancellor is assisted in this task by Advisory Committees which normally cover counties or metropolitan areas. In Staffordshire there is one Advisory Committee.

In the case of the Staffordshire Advisory Committee, the interviewing process is organised by one of three Sub-Committees, each of which covers a particular area of the county. The membership of the Advisory Committee and the membership of the three Sub-Committees, and the areas which they cover, are given on the following pages.

Advisory Committees, which comprise two thirds magistrates and one third non-magistrates, i.e. lay members, seek applicants who wish to become magistrates and then arrange for interviews to be held. Advisory Committees then make appropriate recommendations to the Lord Chancellor who, personally, decides whether or not to make appointments. Successful candidates are then allocated, by the Lord Chancellor, to a local Bench, although they are eligible to sit anywhere in England and Wales.

Although there is no lower age limit for applicants, the normal upper age limit is 65 years and retirement age from the Bench is 70 years.

The Lord Chancellor will consider a candidate's personal suitability for appointment regardless of ethnic origin, gender, marital status, sexual orientation, religion or, subject to the physical requirements of the office, disability. No formal qualifications are required. Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each Bench broadly reflects the community which it serves.

Each magistrate is expected to undertake a fair share of the work of the Bench and is required to sit for the equivalent of at least 26 half days each year and endeavour to be available to sit for up to the equivalent of 35 half days each year, which is the national average. The average annual sittings for the three Benches in Staffordshire is between 40 and 42. Magistrates should be prepared to sit for a whole day if necessary which counts as two sittings. Magistrates normally exercise their duties as part of a Bench of three and will, at all times, have available to them the advice of a qualified court clerk.

Magistrates' duties include hearing criminal cases which are dealt with either in the Adult Court, Family Court or in the Youth Court. This includes deciding on applications for bail, deciding whether a defendant is guilty or not and passing sentence as appropriate. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community punishment and community rehabilitation orders, or a period of not more than six months in custody. Magistrates may also decide civil matters, particularly in relation to family work. These often arise from the breakdown of marriage and may involve making orders for the residence of, and contact with, children and matters relating to the care and control of children. Enforcement of financial penalties and orders such as those in respect of non-payment of council tax might also be involved. Magistrates are also responsible for granting or refusing applications for licences and permits relating to betting and the registration of gaming clubs and for hearing appeals from local authorities in relation to liquor licences.

Newly appointed magistrates undergo a training programme to help them to understand their duties, to obtain a sufficient knowledge of law and procedure, to acquire a working knowledge of the rules of evidence and to appreciate the nature and purpose of sentencing.

Magistrates are not paid for carrying out their duties, but may claim allowances, within specified limits, for travelling, subsistence and financial loss.

The personal qualities which the Lord Chancellor looks for in a candidate include good character; understanding and communication; social awareness; maturity and sound temperament; sound judgement; and commitment and reliability.

The holders of a limited number of positions/occupations are debarred from appointment as magistrates. The following list is not exhaustive but it can include a serving Police Officer; a member of the Special Constabulary; a civilian employee of a Police force or a traffic warden. In addition, the spouse, partner or close relative of one of these four categories of employee might also be debarred from appointment if the close relative works in the same local justice area (court area) to which the candidate would be appointed. Other categories include a member of the United Kingdom Parliament or European Parliament; a member of the Welsh Assembly; a full time party political agent; an employee of the Crown Prosecution Service; a Probation Officer; a Bailiff or a member of an enforcement agency; a store detective.

If you are interested in becoming a magistrate, please apply to the appropriate Area Secretary whose name, address and telephone number appears on one of the following pages and you will be supplied with an application form and further details.

Last Modified: 15/10/2007 11:39:16
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