Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both. Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson. A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures. Criminal cases All criminal cases begin in a magistrates’ court. Magistrates pass the most serious crimes (for example murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell let out on strict conditions - for example to keep away from named places or people Magistrates deal with crimes like: minor assaults motoring offences theft handling stolen goods TV licence evasion Magistrates can give punishments such as: fines unpaid work in the community prison for up to 12 months for one crime Family cases Magistrates can also hear cases at a family court. These magistrates deal with cases about children. They can: arrange for a child to be taken into care or put up for adoption help separated parents make arrangements for their children enforce child maintenance orders make court orders to prevent domestic abuse These magistrates can get advice from the child’s guardian or a family court adviser during the case.

Who can be a magistrate

To be a magistrate you must meet some eligibility requirements. Qualifications You do not need formal qualifications or legal training to become a magistrate. You will get full training for the role, and a legal adviser in court will help you with questions about the law. Age You have to be aged between 18 and 74. Magistrates must retire at 75. Personal qualities You need to show you’ve got the right personal qualities, for example that you are: aware of social issues mature, understand people and have a sense of fairness reliable and committed to serving the community You also need to be able to: understand documents, follow evidence and communicate effectively think logically, weigh up arguments and reach a fair decision Good character In your application and interview you’ll be asked to show you have ‘good character’. This will include questions about: why you’re applying your commitment to the role if you’ve done anything that might stop people trusting magistrates and their decisions, if you’re appointed It’s unlikely you’ll be taken on if you have been: found guilty of a serious crime found guilty of a number of minor offences banned from driving in the past 5 to 10 years declared bankrupt Time off for magistrate duties Magistrates are normally expected to serve for at least 5 years. You’ll need to be in court for at least 13 full days a year. You can ask to serve 26 half days instead. If you hear cases in more than one type of court (like a criminal court and a family court), you’ll need to be: in court for at least 30 half days a year in each type of court for at least 15 half days a year Discuss with your employer how you will balance your work and magistrate duties. Your employer must, by law, allow you reasonable time off work to serve as a magistrate. You will get your rota well in advance, so you can give your employer plenty of notice of when you’ll be in court. Training to be a magistrate In your first year, training to be a magistrate will take 3 to 5 days. You’ll also have meetings with your mentor. After your first year you’ll have 1 to 2 training days every year. Pay and allowances Magistrates are not paid, but many employers allow their employees time off with pay. If you lose out on pay, you can claim an allowance at a set rate, as well as allowances for travel and subsistence. Find out more about magistrates’ allowances . Conflicts of interest You cannot be a magistrate if you have a job or role that means you could have a conflict of interest. If you’re applying to a criminal court, this includes most roles that have a link to the criminal justice system or prisons. For example, being a police or prison officer. If you’re applying to a family court, this includes: private detectives educational welfare officers police and crime commissioners Mackenzie friends those who work for the prison service and prison escort contract services

Apply to be a magistrate

Before you can apply, you must: visit your local court or research how family courts work prepare for your application Visit your local court You must visit a criminal court at least twice in the 12 months before you apply. You’ll be asked about this in your application. Find your nearest court . The court will tell you when to visit and which courtrooms to see. Research how family courts work You cannot visit a family court because these cases are heard in private. To prepare for your application, you must research what it’s like working as a family court magistrate . Prepare for your application When you apply you’ll be asked to give examples to show that you can: understand and appreciate different perspectives communicate with sensitivity and respect work and engage with people professionally make fair, impartial and transparent decisions show self-awareness and be open to learning You also need to provide 2 references. If you’re employed, one of them must be from your employer. They cannot be a relative or someone you live with. How to apply online Visit the magistrates website to find a role in your area and apply . If your application is successful, you’ll be invited to an interview. If there are no roles available near you You can register your interest . You’ll get an email when a role in your area is available. Other ways to apply Contact your local advisory committee if you cannot apply online. You can request a different format, such as a paper form.

Become a magistrate

What magistrates do

Magistrates are volunteers who hear cases in courts in their community. They can hear cases in the criminal court, the family court, or both.

Each case is usually heard by 3 magistrates, including a magistrate who is trained to act as a chairperson.

A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.

Criminal cases

All criminal cases begin in a magistrates’ court.

Magistrates pass the most serious crimes (for example murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:

kept in custody - for example in a police or court cell
let out on strict conditions - for example to keep away from named places or people

Magistrates deal with crimes like:

minor assaults
motoring offences
theft
handling stolen goods
TV licence evasion

Magistrates can give punishments such as:

fines
unpaid work in the community
prison for up to 12 months for one crime

Family cases

Magistrates can also hear cases at a family court.

These magistrates deal with cases about children. They can:

arrange for a child to be taken into care or put up for adoption
help separated parents make arrangements for their children
enforce child maintenance orders
make court orders to prevent domestic abuse

These magistrates can get advice from the child’s guardian or a family court adviser during the case.

View a printable version of the whole guide

Become a magistrate

What magistrates do

Criminal cases

Family cases

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Become a magistrate

What magistrates do

Criminal cases

Family cases

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