Many people don't realise that 97% of criminal cases are overseen by volunteers. Admittedly magistrates, also known as Justices of the Peace, don't judge the most serious cases but they do deal with cases involving matters such as criminal damage, assaults, public disorder, motoring offences and a range of issues involving families and young people.

The fact that they are volunteers is significant. While they get legal advice and must follow sentencing guidelines, they are not normally legal professionals. Rather, they're intended to be representative of the local community where the court is situated.  

Qualifications

No formal or academic qualifications are required to be a magistrate, nor is knowledge of the law, since a qualified legal adviser will be on hand.

According to the Department for Constitutional Affairs the key qualities that you do need are:

• Good character;
• Understanding and communication;
• Social awareness;
• Maturity and sound temperament;
• Sound judgement;
• Commitment and reliability.

As a magistrate you are required to sit for at least 26 half-day court sittings each year. Magistrates normally sit as one of a 'Bench' of three magistrates, including one who has been trained to take the Chair. They will help guide the Bench through its business and will speak on its behalf. There is always a legally qualified court clerk to advise on law and procedure.

Before applying you need to visit your local magistrates' court to observe what happens when it is sitting in general session. You should be prepared to discuss the experience and your views on it at interview. You can find details about your local court on the Courts Service website.

There is no minimum length of time for which a magistrate should be prepared to serve, but the initial training and appraisal period usually lasts for 12-18 months.

An insider's view

To find out more about what it's actually like to take on the role we spoke to 'Bystander' the person behind the popular blog about being a magistrate.

What would you say is the most important thing someone should consider if they're thinking of applying to be a magistrate?

I think they have to be prepared to commit themselves to doing justice irrespective of their personal feelings and prejudices. Parliament makes the law and the higher courts interpret it, and magistrates have to apply the law whether or not they agree with it. There is also a need to do your fair share of the work; an agreement to sit on a particular day has to override personal problems, although in practice it is usually possible to swap sittings.

What's been the most satisfying aspect of being a magistrate, and what's been the most difficult?

It is very satisfying to get to know your colleagues and to learn how to work with them. We are a very diverse group of people from different cultural and working backgrounds, but with the help of our training we are almost always able to reach an agreed decision.

It can sometimes be difficult when you're faced with a tough decision that is going to result in someone losing their freedom; this frequently happens when you are considering bail. There is a right to bail unless certain exceptions apply but in a case such as domestic violence if we get the bail decision wrong the victim could end up being killed.

Is there any advice you'd give to someone who has been through the selection and training and is just about to start sitting?

Yes – just relax! You will find that your colleagues and the court staff will be incredibly supportive and helpful. You will be allocated an experienced mentor, and we like to say that there are no silly questions other than the one that you do not ask. We all had to start sometime.

Is there anything they don't tell you that they should?

Inevitably there is a part of the work that is rather dull, such as enforcing TV licences or dealing with fare-dodgers from buses and trains, but we all do a share of it. They don't tell you the good news either, which is that it is a fascinating and rewarding job that will, whether you like it or not, make you look at the world in a different way, just as the world will have a different view of you. I feel enormously privileged to have been allowed to make a difference to many people's lives and to have worked with so many able and interesting people.

You can read more accounts about what it's like to be a magistrate on the Magistrate's Association website.

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