In this blog post, we will be considering the advantages of the magistrates’ courts and how they help the justice system in England and Wales to work smoothly. We will also look more closely at the magistrates themselves and consider the benefits they bring. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions.
What are Magistrates?
Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates’ courts work. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid.
Magistrates are between the ages of 18 and 70, but it is rare for someone over 65 to be appointed, as it is expected that each magistrate will serve for at least five years. They must be able to sit for at least 26 half days a year. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not.
As mentioned above, magistrates do not need to already have legal knowledge or training. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament.
There are a small number of jobs that can exclude someone from being a magistrate where this would create a conflict of interest, for example, being part of the police force. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. The length of time since they committed the offence is also a factor.
Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. After this, they will start to hear cases, sitting in benches of three. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. The other two are called wingers.
Advantages of Magistrates
Local Knowledge
One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn’t have. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system.
Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account.
Low Cost
In addition, magistrates are a relatively cheap option for the legal system compared to judges. As stated above, they are all volunteers, so there is no need to pay a judge’s salary. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. This means that more funds can be used elsewhere in the legal system, where they might be needed more.
Of course, magistrates are not entirely free – there are still some costs associated with them. For example, magistrates can claim expenses on things such as travel. Also, the training given to every magistrate can be expensive. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. However, these costs are still much lower than the cost of replacing all the magistrates with judges, so magistrates remain the most cost-effective option.
Multiple Views
As there are three magistrates on a bench, they can each offer their own perspective. This provides a more balanced view of the situation and should make things fairer for the defendant. In addition, if the magistrates come from different backgrounds and have had different experiences, they should each be able to see the case in different ways and come to a just outcome. Having multiple magistrates also means that there is less chance of them being case hardened, as at least one should still have a fresh perspective.
Public Trust
Another advantage of magistrates is that they are seen as trustworthy by the public. As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. This helps to keep people’s faith in the legal system and makes it easier for it to run smoothly.
Wrapping Up
I hope that this helps you to understand some of the benefits of having magistrates. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that!
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