ENFORCED CHANGE FOR JUDICIAL SYSTEM

There is no doubt that many of the great British public can`t believe that magistrates are unpaid volunteers. From their point of view who would want to spend considerable time and obligations for no reward. From Carlisle in the north to Penzance in the west and all points east and south  local print media have recently been pleased to accept paid advertising from the Ministry of Justice in its appeal for applicants to the magistracy. Whether in their desperation to recruit or through sheer incompetence appointments committees charged with recruitment of JPs seem still unable to weed out those for whom sitting on the bench is more a social kudos than one of the most responsible positions a volunteer can undertake.  By far the most common reason for magistrates to be sacked is failing to sit for the minimum number of times for which they have effectively agreed; 13 days annually plus a few days training.  In my opinion such a limited attendance even for a winger is not enough to produce a well trained and rehearsed justice until at least two full years experience has been gained.  In the case of a presiding magistrate it is most certainly inadequate.  However with the current shortage of magistrates and the aging process inevitable even if those age 70 agree to sit another five years which is not a foregone conclusion the quantity and quality of aspirants is wanting.  In 2012 6 JPs were removed from the bench for failure to sit the minimum number of times required. In 2013 and 2014 it was 7. 2017 saw 10 sacked for similar failure and in 2018 it was 9.  Since July this year 6 low sitters have been sacked. With the increased pressure from on high that contrary to the facts the magistracy is lacking in diversity there is bound to be a loosening of standards.  For the record the BAME population of the WHOLE UK not just England & Wales where magistrates operate is 13.8% and the ratio of BAME magistrates is 13%.  

So there is a major problem for the MOJ. Magistrates will never be paid and their age profile is increasing owing to younger people especially in Covid 19 times making financial security number one priority and sacrificing 13 days pay  untenable.  Screaming that the bench doesn`t reflect local diversity [whether it should or not is another question] is becoming a slogan where its inaccuracy is becoming better known as fake news. In 2013 there were 149 District Judges (MC) and DDJs. Currently there are 207 i.e. about one for every magistrates court; double the ratio as in 2013. It would seem that the only way forward with a backlog of magistrates courts cases variously estimated at over 500K  is the recruitment of ever increasing numbers of District Judges(MC) and that will hasten the reduction in court duties of magistrates. 

The current crisis is hastening change at all levels of society in myriad ways.  The judicial system is not and will not be immune to the enforced changes recently instituted, or those to come both predictable and of a more esoteric nature. The institution of the magistracy will be swept along in the same tidal wave. Whether these changes will be to the benefit of Justice and the individual citizen or to the overpowering nature of government remains to be seen.