How to become A Magistrate

In a noble effort to protect and preserve the rights and liberties of their jurisdiction, Magistrates strive to dispense impartial, independent, timely, and economical justice to the perpetrators and victims of non-capital criminal and most civil offences.

• Justice of the Peace
• Bench Magistrate
• Lay Magistrate
• Magistrate Judge
• Municipal Court Judge
• County Court Judge

What do Magistrates do?

A Magistrate would typically need to:

• Reach judicious decisions based on evidence given in court, specific case law, and logic 
• Provide autonomous and objective reviews of complaints about criminal conduct raised by law enforcement or the general public
• Issue arrest warrants, summonses, search warrants, emergency protective orders, and emergency custody orders when dealing with criminal proceedings
• Conduct initial appearances and listen to evidence from complainants, defendants, victims, and witnesses 
• Consider applications for bail and conduct bail hearings 
• Seek advice from the court’s legal adviser on relevant points of law before establishing the guilt or innocence of criminal defendants
• Pronounce judgments with clear-cut rationale and logic;  impose appropriate sentences, fines, or community and training orders on defendants found guilty
• Set conditions of release; send more serious cases to higher courts of law for jury trial
• Offer timely, fair, and cost-effective solutions to civil cases
• Hear small claims cases; determine liabilities/damages and involuntary commitments
• Enter orders for evictions for residential and non-residential properties
• Hear allegations of the prosecuting and defending parties; listen to witness testimony
• Inform defendants of their rights; instruct the jury, if there is one; question the witnesses
• Rule on motions presented by the prosecution and defence counsel
• Perform civil marriages
• Train to sit in a Youth Court and work with young people associated with anti-social behaviour, drug offences, knife crime, or theft and burglary
• Engage directly with the child or young person to ensure they understand the situation
• Restrict public entry to the court and publication of personal particulars such as name, address, and school of any young person involved in the proceedings
• Follow the suggestions of a youth offending team in issuing appropriate sentences to the young person that support their welfare and rehabilitation
• Come up with sentences that follow sentencing guidelines written specifically for young persons under the age of 18
• Send significantly serious offences such as murder or rape to the higher courts 
• Work in family court cases brought by local law authorities on matters such as domestic abuse, parental disputes over their children’s living arrangements and expenses, and adoption
• Guide, train and support less-experienced colleagues

Magistrates spend most of their workday in a court or an office. You may need to travel to different courts under your jurisdiction.

Although courts have fixed sitting hours, a Magistrate’s work schedule may depend on the time they need to prepare for or wind up case hearings. Training and volunteer activities on panels may further impact your work schedule. Some locations may require their Magistrates to sit in court for a minimum number of days in a year. Others may mandate 24/7/365 service for an initial two years, with subsequent periods of four years.

Magistrates should come from the communities they sit in. Suppose your employer is willing to give you time off from work to undertake court business without loss of pay. In that case, you may apply online to volunteer for available vacancies or register your interest for when applications open in the future. A local advisory committee is usually in charge of selecting magistrates for an appointment. In other instances, a magistrate is nominated for office by the clerk of a superior court and appointed by the senior resident superior court judge.

Magistrates are generally employed by:

• The Ministry of Justice
• Courts & Tribunals Service

Professional associations and organisations, such as The International Association Youth and Family Judges and Magistrates, are crucial for Magistrates interested in pursuing professional development or connecting with like-minded professionals in their industry or occupation. Membership in one or more adds value to your resume while bolstering your credentials and qualifications.

• An emotionally-demanding work environment
• Frustration and depression due to the inability to resolve all the issues brought to court, especially ones dealing with domestic abuse and children
• Spillover of significantly worrisome or complex cases into one’s personal life and time
• The need to dress and behave as per the norms of the court
• Widespread criticism in case of any wrong steps taken while in office

Most Magistrates have prior work experience as law clerks or attorneys. A visit to a local magistrate’s court can help candidates gain further insight into its functionality and tip the selection scales in their favour. Prior notification can enable the court staff to seat you in the most appropriate court open to the public.

In general, selected candidates undergo mandatory intense training based on a checklist of knowledge and observable behaviour that can be demonstrated. Some locations include visits to penal institutions, meetings with the probation service, and court observations in the induction course. Others may offer supplementary administrative training and supervision. 

During your first year as a practising Magistrate, a specially-trained magistrate mentor may guide, monitor, review, and support your progress and training needs. Read about the profession and interview or job shadow expert Magistrates to prove your commitment to course providers and prospective employers.

You will benefit from your tasks outside of the classroom when they line up perfectly with your lessons inside it. You may get to hear countless stories from more experienced professionals and obtain valuable hands-on experience when they manage to turn seemingly routine incidents into unique learning moments.

Although it is possible to become a Magistrate with only a high school diploma or GED (General Education Development), most aspirants have a bachelor’s degree in law, political science, criminal justice, or business. A smaller number may hold an associate degree, master’s degree or doctoral degree in the above subjects.

You can also complete online courses and obtain accredited certificates in international criminal law, legal office administration, criminal justice, and international human rights law.

Focus on psychology, civics, history and business studies in high school. English and speech classes will help you develop your research, writing, and oral communication skills.

Your local Judicial College may offer accredited certification in small claims law and criminal law to acknowledge and document the commitment and accomplishments of Magistrates who demonstrate focused study of these subjects.

Candidates who complete a judicious mix of seminars and general training events at their own pace and provide documented proof of participation will be certified when they send an online request within a certain period.

You will acquire a deeper insight into decision-making, small claims, landlord-tenant law, advanced criminal procedure, DWI (driving while intoxicated) and related offences, domestic violence and criminal law. In addition, successful certification programs protect public welfare by incorporating a Code of Ethics.

Promising Magistrates might also have to undergo an employment background check, including but not limited to a person’s work history, education, credit history, motor vehicle reports (MVRs), criminal record, medical history, use of social media, and drug screening. 

Performance, experience, and the acquisition of professional qualifications drive the career progression of Magistrates who can become Chief Magistrates. 

Some Magistrates use their unique expertise and skills to join advisory committees that help policymakers resolve judicial issues such as prison standards or sentencing guidelines.

You could act as the Chairperson, Presiding Justice, or Presiding Magistrate on a panel of Magistrates in court or volunteer to sit with judges on committees focused on hearing appeals. If your passion lies in that direction, you may also choose to specialise in family or youth courts.

Candidates with law degrees, legal experience and excellent mediation skills have the best job prospects.

Continuing professional development (CPD) will help an active Magistrate build personal skills and proficiency through work-based learning, a professional activity, 

formal education, or self-directed learning. CPD also helps with the regular renewal of desirable certifications.

Consolidation training at the end of the first year as a practising Magistrate will prepare you for your first appraisal by a trained colleague. 

Candidates who demonstrate the required competencies will continue to undergo regular appraisals, receive professional development training on new legislation and procedures, and have regular in-court assessments of their work.

Those who choose to sit in family or youth courts or become presiding justices will obtain further introductory training.

More Than Academics

Accomplished Magistrates need to have a good character, awareness of local social issues, understanding, tolerance, maturity, impartiality, and commitment to the community more than a legal background or law qualification.

Your Application Will Not Be Entertained

Individuals below 18 and above 70 who have committed serious civil or criminal misdemeanours, experienced bankruptcy, or are at risk of conflict of interest, are usually not eligible for a Magistrate’s post. Police officers may not apply for the position. 

When Three Is Not Merely A Crowd

As a rule, Magistrates sit in benches of three that include two wingers and one specially trained individual to act as the chair. Although all the three Magistrates add their voices to the decision-making process, the chairperson plays the role of spokesperson to the court.

What Transferable Skills Does A Magistrate Gain?

The new learning opportunities and increased understanding of local issues will help a practising Magistrate acquire valuable transferable skills such as critical analysis, decision-making, giving and receiving constructive feedback, conflict resolution, collaboration, communication, and time management.

Magistrates deal with about 95 percent of the criminal cases in the UK.

Whether you are a volunteer or a salaried employee, the tricky and often complicated decisions you make as an informed Magistrate will serve to create a well-governed and peaceful society.

“Society is well governed when its people obey the magistrates, and the magistrates obey the law.”

Solon