MAGISTRATES` £££ - V - District Judges` ££££

I suppose that there are three prime functions of a modern government; protection of the realm and its citizens, the provision of a justice system and an effective  finance system including the efficient use of citizens` taxes to provide for the common good.  Of these requirements the last is usually uppermost in the minds of most people. To that end all governments manipulate what they tell us and what they try to keep from prying eyes. 

The justice system of late has had more column inches than perhaps is usual with the headlines on costs of immigration and  prisons colliding in the corridors of the Treasury.  One definite result of the government`s hoped for improved efficiency is the establishment of a new tier of court between magistrates and the crown court in which a District Judge[MC] would sit with two magistrates.  Unlike judges in crown court District Judges [MC] sit with a legal advisor as is the case when a lay bench is sitting.  I have often wondered why such additional help is needed for a legally qualified judge such help being anticipated to apply at the new court. HMCTS is unable (unwilling?)  to provide the costs of legal advisors assisting magistrates.  I wonder whether the district judges collectively have been approached as to whether they would negotiate for higher salaries  on sitting without the advisor and if any savings would result in their so doing cf the current position especially when so many lawyers would gladly have the full time judiciary sit in place of lay magistrates. 

There was a report in 2000 (Morgan & Russell) where comparison was made between costs of a DJ court and a magistrates` presided court.  References suggest £52.10 per hour for lay magistrates vs £61.90 per hour for  District Judges.   The next similar investigation was Ipsos MORI & Ministry of Justice (2011). That study explicitly compared its findings with Morgan & Russell noting differences in methods and sample size and that Morgan & Russell concentrated on fewer courts (Morgan & Russell: 3,047 cases across 10 courts; the 2011 study used 2,276 cases across 44 courts).The conclusion was “Despite the relative speed with which they handle cases the cost model showed that District Judges are typically more costly per case (where key differences are controlled for) than magistrates in terms of the magistrates’ court processing costs. This was mainly due to their salary costs.” 

Current  estimates for using lay magistrates is  (loss of earnings, training, allowances) £26.80 per hour plus an additional estimated volunteer "value" to the broader economy (proxy cost): £10 per magistrate per hour making a total of £56.80 per hour for a bench of three although that unverified figure seems rather low. For District Judges inclusive of salary, training, recruitment, equipment, overheads: £148.32 per hour which after being adjusted to reflect actual sitting days works out at £162.16 per hour.

At current modelled rates even without legal advisors District Judges would cost roughly three times more per hour than a bench of magistrates  even when accounting only for magistrates’ direct expenses let alone their “volunteer value.” So removing the legal adviser does not close the cost gap. The salaried nature and associated overheads of District Judges still make them substantially more expensive than lay magistrates although they process cases more quickly.  

Legal advisors are paid [according to seniority]  £37,683 -£50,192. Add on costs (employer NI + pension + overheads) are roughly an additional 33%.  So using a sensible base the costs to the tax payer are around £58,520 per LA per year.  The cost per LA per hour might be estimated at £53.00 making the cost per hour of a DJ court £215.00.  Over a standard 5.5-hour sitting day that’s about £290 per day extra.  The cost of the DJ + LA can be estimated at £1,183 daily and £892 sitting alone. 

Using same methods and calculations the cost of three magistrates sitting with a LA are 109.80 per hour and £603.90 per day.

Even with a legal adviser a magistrates bench is cheaper than a District Judge; roughly half the cost if you count only direct expenses and still about two thirds the cost if you include volunteer value

So it seems that the legal profession looks likely to have to tolerate lay magistrates for some considerable time because where the MOJ is concerned ££££ are more important than any other consideration.