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Why do we have magistrates?

The part played by lay magistrates in the judicial system of England and Wales can be traced back to the year 1195, when Richard I (The Lionheart) commissioned knights as magistrates to preserve the King's Peace and uphold the law.

Since then, magistrates have remained a vital part of the judicial system - there are nearly ten times more magistrates than there are judges, and they deal with 95 per cent of all criminal offences.

What's the difference between a judge and a magistrate?

Paid judicial office-holders like judges must be fully qualified barristers or solicitors for a minimum time period (at present, seven years since qualifying).

In the case of the magistracy, no academic qualifications are needed, and all necessary training is given on appointment. There is continuous training for both judges and magistrates throughtout the time they serve the justice system.

Who decides if you can become a magistrate?

The Lord Chancellor appoints magistrates on the advice of local advisory committees. An application form must be filled in, references are followed up and at least one, usually two interviews are held before a decision is made.

Following the Constitutional Reform Act 2005 transitional arrangements for the appointment of magistrates have been put in place. In this interim period recommendations on the appointment of magistrates continue to be made by local advisory committees, these are then passed to the Lord Chief Justice for approval, before being submitted to the Lord Chancellor to make the appointment.

Is the magistracy representative of the community?

Magistrates come from a wide range of backgrounds and occupations. For many years the numbers of women and men serving as magistrates are roughly equal. After specific intiatives to encourage members of ethnic communities to apply to beocme maagistrates in recent years, some 8.5 per cent of magistrates are now from a minority ethnic background - only slightly less than the proportion of ethnic minorities in the overall population. It is important that the local bench of magistrate reflects the community in which it serves. More younger people are being sought to balance benches at the moment.

How much do magistrates get paid?

They aren't. Magistrates give up their time for the vital task of administering justice on a voluntary basis. Many employers allow time off with pay but if a magistrate suffers loss of earnings or is self-employed, they may claim a loss allowance at a set rate. Travel and subsistence allowances may also be claimed.

Do magistrates have to wear special clothes to sit in court?

No. In fact, magistrates should not wear anything that detracts from the dignity of their office, draws attention to them personally or declares them to be a member of a particular organisation or club - this avoids any perception of bias in favour of, or against, anyone being dealt with by the court. An exception is made for forms of dress dictated by a particular religion or ethnic background.

What happens when magistrates break the law?

Magistrates are subject to the law just as everyone else is, and must maintain the dignity, standing and good reputation of the magistracy at all times. Those found to have brought the magistracy into disrepute - for example, by breaking the law - are liable to face disciplinary action.

How do you know if a case is held in a magistrates' court or a crown court?

All criminal cases start in a magistrates court or youth court. The vast majority will remain there, providing the offence is not considered so serious that only a crown court can deal with it.

A magistrates court can issue fines, conditional discharges, community sentences and terms of imprisonment.

Offences fall into three categories, which dictate where they will be dealt with:

• Summary offences - where the defendant is not entitled to trial by jury and must be dealt with by magistrates. These include motoring charges and minor assaults;
• Either-way offences - such as theft, handling stolen goods and more serious assaults. Procedures take place to decide where the case will be held. The defendant can be tried by magistrates or can request a jury trial at the crown court;
• Indictable-only offences - These include murder, manslaughter, rape and robbery, and must be dealt with by a judge at the crown court.

Magistrates also decide some civil matters, including family work and local government matters such as non-payment of council tax.

Why do magistrates sit as a panel of three?

Magistrates normally sit as a 'bench' of three magistrates, including one who has been trained to take the chair; the other two are referred to as 'wingers'. Although the chair speaks on behalf of the bench, all three magistrates have equal decision making responsibility. Whenever possible, a bench should be mixed in terms of gender, ethnicity, occupation, magisterial experience etc so that there is the broadest representation on the bench when dealing with cases. Magistrates will always have the benefit of advice on the law and legal procedures from a legally qualified legal adviser sitting in court.

How do they work out how much to fine you as a punishment?

There are official legal minimum and maximum payments for each offence. What an offender might be fined within those depends on their individual circumstances and ability to pay.

What happens to people who don't pay their fine?

If you are in arrears with a fine and do not make any arrangements to pay, the court can also:

• Use private bailiffs to seize your goods;
• Make deductions from your wages or benefit;
• As a last resort, the court could order you to be sent to prison. There must be a hearing before this happens.

Why are there different courts for young people under 18?

Youth courts are part of the magistrates' court, and they deal with young people aged 17 and under. Youth courts are presided over by at least two magistrates, who have special knowledge and experience of youth justice issues. Under-16s must be accompanied by a parent or guardian or social worker, and the language used is likely to be simpler and easier to understand.

Why are magistrates sometimes known as 'beaks'?

The term 'beak' has been used to signify a judge or magistrate for several centuries, but there are several theories as to why this might be.

One is that the term comes from an Old English word, beag, meaning a necklace worn as a badge of office.
It is also thought that the word might have evolved from harman beck, which from the mid-16th to the early 19th century meant a constable, beadle or parish officer.