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Travel, court closures and falling crime: why magistrates are quitting Travel, court closures and falling crime: why magistrates are quitting Travel, court closures and falling crime: why magistrates are quitting
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The number of unpaid magistrates in England and Wales has declined steeply from 30,000 in 2006 to 17,500 today.The number of unpaid magistrates in England and Wales has declined steeply from 30,000 in 2006 to 17,500 today.
Court closures, falling crime rates and a relative increase in the number of full-time district judges have all been blamed for the fall.Court closures, falling crime rates and a relative increase in the number of full-time district judges have all been blamed for the fall.
But the main reason magistrates – also known as justices of the peace (JPs) – cite for resigning is the long distances they are forced to travel to court, which has broken the link between benches and their local communities.But the main reason magistrates – also known as justices of the peace (JPs) – cite for resigning is the long distances they are forced to travel to court, which has broken the link between benches and their local communities.
About 250 magistrates courts, youth courts and county courts have closed since 2010 as part of a coordinated cost-cutting drive. The Ministry of Justice (MoJ) argues that 95% of defendants should be able to reach their local court within an hour by car. Keeping to the speed limit, that implies many will be up to 70 miles away.About 250 magistrates courts, youth courts and county courts have closed since 2010 as part of a coordinated cost-cutting drive. The Ministry of Justice (MoJ) argues that 95% of defendants should be able to reach their local court within an hour by car. Keeping to the speed limit, that implies many will be up to 70 miles away.
Approximately 53% of magistrates are women and 89% are white. Many benches have no or few members from black, Asian and minority ethnic backgrounds. More than 86% are over the age of 50.Approximately 53% of magistrates are women and 89% are white. Many benches have no or few members from black, Asian and minority ethnic backgrounds. More than 86% are over the age of 50.
Their sense of being undervalued has been sharpened by the belief that professional district judges are given the more interesting and complex cases.Their sense of being undervalued has been sharpened by the belief that professional district judges are given the more interesting and complex cases.
Malcolm Richardson, the national chairman of the Magistrates Association, told the Guardian: “A number of resigning magistrates cite issues such as court closures and overall dissatisfaction caused by the lack of respect with which they are treated by the system as core reasons for leaving. Some considerable talent and thousands of years’ experience are lost as a result.Malcolm Richardson, the national chairman of the Magistrates Association, told the Guardian: “A number of resigning magistrates cite issues such as court closures and overall dissatisfaction caused by the lack of respect with which they are treated by the system as core reasons for leaving. Some considerable talent and thousands of years’ experience are lost as a result.
“Government needs to come up with a strategy for the magistracy and then start recruiting and use that opportunity to broaden the range of people sitting as magistrates. Contrary to popular belief, the magistracy is actually quite reflective of the demographics of England and Wales in ethnicity terms, but not age.”“Government needs to come up with a strategy for the magistracy and then start recruiting and use that opportunity to broaden the range of people sitting as magistrates. Contrary to popular belief, the magistracy is actually quite reflective of the demographics of England and Wales in ethnicity terms, but not age.”
The Magistrates Association is encouraging more working-age people to join the bench in order to lower the average age of JPs.The Magistrates Association is encouraging more working-age people to join the bench in order to lower the average age of JPs.
It has also argued for magistrates to be given greater sentencing powers, a request endorsed by the Commons’ justice select committee in the autumn which warned there was a need to tackle low morale in the service.It has also argued for magistrates to be given greater sentencing powers, a request endorsed by the Commons’ justice select committee in the autumn which warned there was a need to tackle low morale in the service.
The government has so far resisted extending the magistracy’s sentencing powers from a maximum of six months to 12 months for a single offence. Authority for it to do so already exists under section 154 of the Criminal Justice Act 2003 but this has never been brought into force.The government has so far resisted extending the magistracy’s sentencing powers from a maximum of six months to 12 months for a single offence. Authority for it to do so already exists under section 154 of the Criminal Justice Act 2003 but this has never been brought into force.
Ministers and some civil rights groups fear it would lead to more offenders being sent to already overcrowded prisons.Ministers and some civil rights groups fear it would lead to more offenders being sent to already overcrowded prisons.
The Conservative MP Bob Neill, who chairs the justice select committee, said in October: “It is unfortunate that the government’s evident goodwill towards the magistracy has not yet been translated into any meaningful strategy for supporting and developing it within a changing criminal justice system. This needs to be addressed as a matter of urgency.The Conservative MP Bob Neill, who chairs the justice select committee, said in October: “It is unfortunate that the government’s evident goodwill towards the magistracy has not yet been translated into any meaningful strategy for supporting and developing it within a changing criminal justice system. This needs to be addressed as a matter of urgency.
“Although evidence does not indicate a universal problem, there is sufficient evidence of low morale within the magistracy to cause concern.”“Although evidence does not indicate a universal problem, there is sufficient evidence of low morale within the magistracy to cause concern.”
Penelope Gibbs, a former magistrate and director of the campaign group Transform Justice, said at the time: “Magistrates themselves have lighted on increased sentencing powers … as the answer to their problems. It would give magistrates courts more work, but it risks increasing prison numbers and decreasing the number of trials heard by juries. The government and the senior judiciary need to halt the downward drift in magistrate numbers and devise a strategy to save the magistracy, not enact one measure which may have perverse effects.”Penelope Gibbs, a former magistrate and director of the campaign group Transform Justice, said at the time: “Magistrates themselves have lighted on increased sentencing powers … as the answer to their problems. It would give magistrates courts more work, but it risks increasing prison numbers and decreasing the number of trials heard by juries. The government and the senior judiciary need to halt the downward drift in magistrate numbers and devise a strategy to save the magistracy, not enact one measure which may have perverse effects.”
An MoJ spokesperson said: “The magistracy remains at the heart of our justice system, and we will consider the case for increasing their sentencing powers.An MoJ spokesperson said: “The magistracy remains at the heart of our justice system, and we will consider the case for increasing their sentencing powers.
“Closing underused and dilapidated court buildings will allow us to reinvest in the justice system and make the best use of technology.“Closing underused and dilapidated court buildings will allow us to reinvest in the justice system and make the best use of technology.
“This will improve access to justice and improve the experience for all court users, in particular vulnerable victims and witnesses.”“This will improve access to justice and improve the experience for all court users, in particular vulnerable victims and witnesses.”