If you’ve always been interested in the legal system, then have you ever thought about being a magistrate? If you want to work as a judge or lawyer, you’ll need years of legal training. Magistrates are members of the local community, selected to represent the local population. New magistrates are trained before being set loose on the courts. If you’re interested in the legal process, could the role of a magistrate be a good choice for you?
The role of the magistrate in court
Although the legal systems in Scotland and England have several major differences, both have similar roles. In Scotland, the role similar to a magistrate is a Justice of the Peace. Magistrates don’t deal with the serious crimes like murder or armed robbery. They hear less serious offences, and usually listen to evidence in trials about motoring offences or minor assault trials. There isn’t a jury in this sort of trial, so the magistrate makes the decision. More serious criminals might appear in front of a magistrate too. This is just an administrative appearance though, and the role of the magistrate is to direct the case on to a more senior court for a full trial by jury. In these cases, magistrates might have the final say on whether to grant bail or not.
Applying to be a Magistrate
The whole idea of magistrates is to have ordinary people taking part in the legal system. In England and Wales, there are around 21,500 people volunteering as a magistrate. To become a magistrate, you should be between 18 and 65 years old. You don’t need to have a legal background, or have worked in the court system or for the police before. Vacancies for magistrates are advertised by 47 local committees across England and Wales. If you are successfully appointed as a magistrate, you will be expected to serve for 5 years.
Vetting Process
Although formal qualifications aren’t required to become a magistrate, there is a strict background and character check. This will involve applying for a DBS check, previously known as a CRB check. A standard DBS check involves a search into your criminal record, and will show up all previous convictions and cautions, even if they would be considered spent under other circumstances. A few minor convictions a long time in the past won’t automatically bar you from being a magistrate, but a longer record might. You’ll also be asked to supply the names and addresses of some people who can act as character references. Once you’ve passed the vetting, you can start training.
Pay and Conditions
Magistrates have to commit to a minimum number of days to be in court. Usually, this is 13 full days or 26 half days a year. Employers have to give you time off work to serve as a magistrate. Employers don’t have to pay you, although many do. If you’re not being pad, you can claim expenses and an allowance back from the court. The amount of money is set out centrally. If you need to stay overnight, you can claim for a hotel. You can also claim mileage for driving between home and court.