ARE MAGISTRATES BEING SELECTED BY ETHNIC QUOTA?

Magistrates courts have been around for well over 600 years. Until 2010 one might have used the term ubiquitous when describing their locations. There were around 330 in England and Wales serving the needs of a population both town and country.  And then came Kenneth Clarke as Lord Chancellor of a newly elected Tory government obsessed with the ramifications of the financial crisis.  In that first year Clarke was proud to be the first cabinet member to announce his department`s contribution to the looming deficit; 23.8% was cut from the following year`s budget of the Ministry of Justice. With like minded thinking at the Home Office the whole paraphernalia of all that contributed to the law making and its enforcement in a civilised country was hacked to pieces over the following decade.  The numbers of police and support workers were pared back  to the extent that none ever appeared except when driving past blue lighted.  Prison officers were decimated with many prisons thrown to outsourcers eg Serco and others who cut so many corners with them and their sub contractors trying to force profits from an ever shrinking capital base.  Probation services and others were catastrophically re-organised in 2015 by undoubtedly the worst most reckless and ignorant Secretary of Justice in memory only to be reconstituted by the same Tory government years later. And so to our courts system.   In the year ending March 2019, 5.3 million crimes were recorded by police in England and Wales compared with 3.9 million in 2011/12. The figures are not directly comparable over time as recording practices change although there has evidently been a rise in recorded crime. Over the same period, the number of prosecutions brought by the Crown Prosecution Service (CPS) fell by 46%.In 2019/20 the total MoJ budget was around 25% lower than in 2010/11.In 2018/19 there were 5,684 full-time equivalent CPS staff in post compared with 8,094 in 2010/11.Between 2010/11 and 2018/19 criminal legal aid expenditure fell by over a third (35%).   As of April 2010 there were 29,270 magistrates, 143 district judges and 151 deputy district judges operating in the roughly 330 magistrates’ courts throughout England & Wales.There are currently 150 magistrates courts served by 12,333 magistrates and 124 District Judges (MC). The loss of magistrates is due to retirement.  Their age profiles were always well known at the MoJ. The effect of their loss was predictable but government assumed an "all would be right on the night" philosophy with the result that over the last year or so coincident with the Covid pandemic which was a fine alibi for mismanagement the MoJ has been frantic in trying to recruit new bodies to warm the benches of our remaining magistrates courts. Almost every county `s local print media has been bombarding  its readers with pleas to apply for appointment to their local bench. Social media companies have also received their fair share of similar advertising revenue. Common aspect of such advertising is that anyone can apply and particular attention will be given to those of an ethnic minority. The committees overseeing applicants operate in secret.  The basic criteria are available here.  The application form is available at the end of this post. Latest judicial diversity statistics are available below. Unfortunately to publish this whole section magnification could not be larger.  Readers might want to use tool available on their own Windows or Mac system. 

 

With a national BAME figure of 13% of the population the figures above do not seem incompatible.  However there is pressure from assorted sources that composition of the bench must reflect local areas` ethnicity head count.  There are some who would argue that that requirement is, to coin a phrase, ill judged. I do not intend to discuss that in this post.  What I will posit is my opposition to appointment by quota.  We have seen recently the furore over the "taking of the knee" and in particular the accusations that those who oppose this act are by their very opinion; racist. In their eyes I too therefore am branded by this abuse owing to my opposition to such a political act by professional sportsmen (and women). Many will be unaware that at the 1936 Olympic Games in Berlin in front of hitler the English football team made the nazi "heil" salute.  There was much opposition at home. 

Despite denials by the Ministry of Justice there is no certainty that magisterial appointments are made without an eye on the diversity statistics. As citizens we should be entitled to know if those who sit upon us in judgement are indeed chosen strictly on merit or not.  This would be beneficial most of all to any member of an ethnic minority applying for position.  To be appointed with the purpose of maintaining or fulfilling a quota and  not necessarily on individual worth would be as insulting to those BAME magistrates as it would be for any of us in such a position.  The MoJ must declare its policy.  

 

 

 

 

 

 

 

 

 

 

 

                   

This document is produced and maintained by:

Magistrates HR

Judicial Office

10^th Floor, Thomas More Building

Royal Courts of Justice

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PRE-APPLICATION CHECKLIST Please read ‘Becoming a Magistrate in England and Wales – Candidate Information in full before starting your application.

You must complete the following checklist before submitting your application.  If you do not complete the checklist, your application is liable to be rejected. 

I have read the Candidate Guidance in full.
I have checked to ensure that recruitment is taking place in my area.
I am not in the process of seeking asylum or applying for indefinite leave
I understand that applicants are expected to be living or working in, or reasonably close to, the area in which they wish to serve.
I understand that, if called for interview, I will be required to demonstrate that I have a good knowledge and understanding of social issues in the area I wish to serve.
I understand that magistrates are required to sit for at least 13 full days per year (or 26 half days).  I also understand that I will be required to attend training and occasional meetings after court.  I confirm that I am able to meet this commitment.
I am in employment and have obtained my employer’s agreement to take the necessary time off work if I am appointed.  (Leave blank if not in employment and see below)
I am not in employment.
I have undertaken at least two visits to a magistrates’ court in the twelve months prior to making my application.
The people I intend to nominate as referees have agreed to provide a reference and I understand that if references are not provided by the required date my application will be rejected.

 

 

PRELIMINARY INFORMATION

 

Applicants are expected to be living or working in, or reasonably close to, the area in which they wish to serve. 

 

Please state the name of the advisory committee whose recruitment exercise you are applying for:

Advisory Committee

 

If you have a preference to sit at a particular court (or courts) within the area you are applying to, indicate them below.  Please note that we cannot guarantee to meet your preference(s):

Preferred court(s)

 

How did you initially become aware of the role you are applying for?

 

 

What additional material have you seen that has increased your knowledge of the role? This might be advertisements, pages on the internet etc.

 

Only answer the next question if you are applying for vacancies in Wales.

 

Refer to page 14 of the Guidance for Prospective Applicants.

 

If the area to which you are applying has vacancies for bilingual magistrates, please indicate below if you would like to be considered for those vacancies:

Yes

No

 

All applicants must have visited a magistrates’ court to observe the proceedings, at least twice  before submitting an application.

 

 

Name of magistrates’ court		Date	D       M      Year
Name of magistrates’ court		Date	D       M      Year
Name of magistrates’ court		Date	D       M      Year

 

 

 

 

 

 

 

 

We need to know if you have previously applied to become a magistrate, including any separate applications to sit in the family courts.

 

Have you previously applied to become a magistrate?

Yes

No

 

Have you made an application to sit in the family court?

Yes

No

 

 

 

If you answered yes, please give details of when you made your application, to which advisory committee, and the outcome (if known) of your application.

 

The Magistrates’ Association represents approximately 80% of magistrates in England and Wales. Information about the Magistrates’ Association is available at:  www.magistrates-association.org.uk/

 

If you are appointed, may we pass your details (name, address, date of birth and local justice area) to the Magistrates’ Association, so that they can contact you about the Association?

Yes

No

 

Your details will not be disclosed without your permission and will not be passed to any other organisation.

PERSONAL INFORMATION - This information will be removed prior to applications being assessed

 

                           

Title	Mr	Miss	Ms	Mrs	Dr
	Other (please state)
Surname
Forename(s)
Previous surname (if any)
Date of birth	D       M      Year
Home address (including post code)
Telephone	Home        Work         Mobile
Contact email
Nationality
Country of birth
How many years have you lived in the local area?

 

 

 

 

 

 

 

 

 

EMPLOYMENT HISTORY

 

Certain occupations (including past occupations) may affect your eligibility to serve as a magistrate. 

 

Refer to Appendix C of the Candidate Information. 

 

Please provide full information about your employment status and history:

Employment status	Employed		Self-employed		Retired		Not in paid employment
	Other (please state)
Current occupation (if applicable). Please include job title
Name and address of current employer
Brief description of work
Time with employer
Is the role?	Full Time	Part Time    Hours per week				Fixed Term (end date) D       M      Year

 

Please confirm that you have discussed your intention to apply to become a magistrate with your employer and have their agreement to take the necessary time off work if you are appointed.

 

Please give details of any other occupations in which you have been employed in the last ten years, starting with the most recent:

Occupation	Employer	From	To

 

In limited cases, the occupation of a spouse, partner or close relative may affect your eligibility.

Refer to Candidate Information for further information.

Is your spouse/partner in any form of employment?

Yes (Please state their occupation)
No		Not applicable

Has your spouse, partner or a close relative worked as any of the following - Police Officer, Special Constable, Police Community Support Officer, civilian employee of a police force, Traffic Warden, Crown Prosecution Service or Prison Service employee, or in any other occupation whose work involves attending court?

Yes (see below)

No

Not applicable

 

If you answered yes above, please describe the person’s (or persons’) relationship to you, their occupation, where it is (or was) carried out, and their approximate dates of employment:

  

 

 

 

1.   REFERENCES

 

All applicants must provide the names of three people who have agreed to act as referees.  Please complete Appendix B.

Refer to Candidate Information.

 

 

 

 

 

 

2.   REASONS FOR APPLYING TO BECOME A MAGISTRATE AND PERSONAL QUALITIES

 

Please explain what has motivated you to apply to become a magistrate (maximum 300 words)

 

The six key qualities required of all magistrates are: Good Character; Understanding and Communication; Social Awareness; Maturity and Sound Temperament; Sound Judgement; Commitment and Reliability.

 

Refer to Candidate Information for further information.

 

 

Please provide some examples of how you believe you meet each of the six key qualities.  Please give your most relevant examples.  These could be from past or present employment, from voluntary, community or leisure activities or from other areas of your life 

 

Each key quality example should be a maximum of 300 words.   

 

Good Character (maximum 300 words)

 

Understanding and communication (maximum 300 words)

  

 

Social Awareness (maximum 300 words)

  

     

Maturity and Sound temperament (maximum 300 words)

  

 

Sound Judgement (maximum 300 words)

  

 

Commitment and Reliability (maximum 300 words)

  

 

 

Voluntary work can sometimes provide an eligibility conflict.  Please provide a brief description of any voluntary work you are currently doing or have done in the past:

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONVICTIONS, CAUTIONS AND CIVIL ORDERS

 

Please read the Candidate Information carefully before completing this section.

 

Are you involved in any of the proceedings referred to at Appendix B, Section 1 - ‘Involvement in Current Proceedings’ of the Candidate Information?

 

Yes

No

 

If you answered yes, please provide details below:

  

 

Have you ever been convicted of a criminal offence? (Do not include fixed penalty notices for motoring offences.)

Yes

No

 

If you answered yes, please provide details below. You must disclose all previous convictions irrespective of when they were received.

Offence	Date of Conviction	Name of Court	Sentence or Penalty

 

Have you ever received a Police Caution?

Yes

No

 

If you answered yes, please provide details below. You must disclose all cautions irrespective of when they were received.

Offence	Date of Caution	Conditions Attached to the Caution (if applicable)

 

Have you received any Fixed Penalty Notices (FPN), including for a driving offence, within the last 4 years?

Yes

No

 

If you answered yes, please provide details below:

  

Offence	Date of FPN	Amount of Fine

 

Have you regained your driving licence within the last 4 years following disqualification from driving?

 

Yes

No

 

If you answered yes, please provide details below:

Offence	Date of Disqualification	Date on which licence regained

 

Do you currently have penalty points endorsed on your driving licence (this includes points endorsed as a result of receiving a Fixed Penalty Notice)?

Yes

No

 

If you answered yes, please provide details below:

Offence	Date of Endorsement	Number of Penalty Points

 

Have you received a Penalty Notice for Disorder (PND) within the last 4 years?

Yes

No

 

If you answered yes, please provide details below:

Offence	Date of PND	Amount of Fine

 

Are you subject to any of the civil orders (or an Individual Voluntary Arrangement) which qualify for disclosure under Appendix B, Section 6- ‘Bankruptcy, Individual Voluntary Arrangements and County Court Judgements’?

Yes

No

If you answered yes, please provide details below:

  

 

To the best of your knowledge, has a spouse, partner, close relative or close friend received convictions or cautions which would qualify for disclosure under Appendix D, Section 7 - ‘Spouses, Partners, Close Relatives and Close Friends’?

Yes

No

If you answered yes, please provide details below:

  

 

Excluding any information already provided above, is there anything else in your private or working life, past or present, which could damage your credibility as a magistrate if it became known to the public?

Yes

No

If you answered yes, please provide details below:

  

 

 

DECLARATION

 

The information that I have given in this application is true and complete to the best of my knowledge and belief. I understand that my application is liable to be rejected if I knowingly fail to disclose relevant information. 

(Please sign electronically or by hand).

 

   

Signed:

Date:

 

EXTINCTION REBELLION: ANARCHY FOR THE 21st CENTURY

 

ANARCHY:- 

a state of disorder due to absence or non-recognition of authority or other controlling systems

absence of government and absolute freedom of the individual, regarded as a political ideal

a society being freely constituted without authorities or a governing body. It may also refer to a society or group of people that entirely rejects a set hierarchy. The word Anarchy was first used in English in 1539, meaning "an absence of government".

There is no doubt that the above concept is widely known to most in theory if not in practice.  Where its ideals have been translated into action the results have gone from causing inconvenience to revolution with the murderous results that those activities inevitably cause. 

Extinction Rebellion is just the latest form of direct action by those who believe that they have a god given right to disrupt society in which way they think better furthers their cause. It could be termed in general anarchy 21st century style.  Perhaps older readers will remember the words Greenham Common and what took place there as an example. The case of Imogen May is an example of what in practice is truly anarchy for the 21st century.  Another example which many magistrates have probably experienced is the prosecution of the same offence, non payment of Council Tax, of those who call themselves Freemen on the land.  

From Wikipedia, the free encyclopedia

The freeman-on-the-land (FOTL[2]) movement, also known as the freemen-of-the-land, the freemen movement, or simply freemen, is a loose group of individuals who believe that they are bound by statute laws only if they consent to those laws. They believe that they can therefore declare themselves independent of the government and the rule of law, holding that the only "true" law is their own interpretation of "common law".[3] 

These deluded defendants I suppose compare themselves to historical figures  like Joan of Arc or Wat Tyler a leader of the Peasants` Revolt of 1381 who was killed before the uprising was crushed. They do not have an occupying army to oppose or a sovereign who sanctioned virtually  a slave`s existence for the population under his feudal system.  They see themselves as martyrs to the cause.

Anarchy has always posed a problem for a benign legal system in a democratic society. It is a binary choice between a carrot or a stick; adopting the former to reduce tensions or wielding the power of the state to punish. But we have a government that doesn`t know what its policies are between Monday and Tuesday and whose ministers and spokespersons try to be all things to all people. And so the courts must do their best under the law sometimes risking opprobrium from those who ought to know better.   Perhaps it`s all summed up by the old adage attributed to Abraham Lincoln; "You can fool some of the people all of the time or all of the people some of the time but you can`t fool all of the people all of the time."  For Boris Johnson et al it`s just a matter of time. 

SCANDAL OF SINGLE JUSTICE PROCEDURE IS A BLOT ON THE LEGAL LANDSCAPE

There are few if any independent observers who would not agree that the once highly valued English justice system has been brought into disrepute; in my humble opinion of course. The financial crash of 2008/9 not only brought down institutions it systematically led to a situation where the very consideration that justice was a service to the community in its widest sense was abandoned.  In its place the costs of providing that service became the criteria by which the quality and quantity of that service were evaluated.  The rule of law and principles such as equality, accountability and non-arbitrariness were no longer to stand alone as enabling justice to be upheld as a pillar of a just and democratic society. The old adage that justice should be seen to be done seems but a historical footnote. 

While Civil Rights has been a catch all phrase from all parties to debates on justice, it remains the practical experience of a right that defines its existence and conformity with the ideals of a just society but Rights must be effective, not illusory.  Just this week we have a government which is progressing through Parliament   The Police, Crime, Sentencing and Courts Bill. Of particular concern to many are the increased powers for police to respond to non-violent protests which would expand the circumstances in which police can impose conditions on protests, remove the need to knowingly breach conditions in order to commit an offence and introduce a broad statutory offence of public nuisance with a maximum sentence of 10 years in prison. Against a background of this government`s tendency to take an authoritarian point of view in situations others would have temporised is another change in legal process which has been imposed upon the justice system by diktat; the single justice procedure. 

It is no secret that there two widely held held opinions on the function of the long held positions of lay magistrates` participation in the justice system; many practising lawyers would like that system abolished and for District Judges alone to be in practice judge, jury and sentencer. On costs alone that has been rejected but in principle the second supposedly widely held opinion of governments per se  is that the lay magistracy is the backbone of our courts system  and will continue. Five years ago a major change took place in the manner in which minor non custodial cases were to be handled.  No longer would offences such as non payment of TV licenses or council tax be heard before a bench of three magistrates in open court: instead they would be heard in private by a single JP assisted by a legal advisor. The government public information  publication for the single justice procedure is available here. The historical footnote to which I referred above certainly does not apply with this form of so called justice yet opposition has been muted although the Magistrates Association unusually has in this event offered some criticism.  The number of cases progressed through this procedure is shown below.  It is apparent that the pandemic has reduced the rising trend in those numbers.

Latest statistics are that there are currently 12,333 magistrates serving c150 courts. They must have been successful in their threshold appraisal taken about a year after they have begun sitting.  I am unaware whether undertaking the SJP is a compulsory or voluntary requirement of a magistrate. I retired immediately prior to its introduction and certainly have been opposed to it from the beginning. A major criticism in addition to its being conducted behind closed doors is the behaviour of those presented with a summons to appear in such a "court".  A cause for concern is the numbers of defendants who do not enter a plea by post.  All not guilty pleas are regarded as going to trial. No figures are available for the results of such trials or whether or not the defendants appear.  It should be noted that interrogating Covid-19 offences in 2020 88.52% failed to enter a plea.  As with other "no plea entered" they would have been found guilty. A complete record is below.

To put the above in arithmetical perspective:-

2015    2.38% guilty plea    74.52% no plea entered

2016    3.1%                        71.61%

2017    3.46%                      72.21%

2018    3.45%                      72.26%

2019    2.95%                      71.64%

2020    2.17%                      70.65%

2020

Covid-19 offences    0.57% guilty plea    88.52% no plea entered

The figures for those choosing to put their summons behind the clock on the mantelpiece or with the unpaid bills in a drawer are alarming.  The chances of their appealing the decision or subsequent fine are unlikely owing to a variety of circumstances. Indeed the first time such a matter will have been brought home to them  is liable to be a debt collectors` claim or a foot in the door.  It is inconceivable that those who pushed through this so called procedure did not have advice that the tables above have shown; namely secret justice on the nod will not just garner little respect it will be ignored by those it was designed to ensnare. 

It is nothing short of scandalous that magistrates, the Magistrates Association, notwithstanding belated reservations, and the so called unelected  toads known as leadership magistrates ( use search box for details) have acquiesced in this process.   What we today consider fundamental pillars of justice cannot be taken for granted and must instead be subjected to a continuous process of revitalisation, dialogue, and improvement. Only when this apology for justice is removed from our courts will be re-assured that this government is at least attempting to row back from its apparent proto authoritarian behaviour. 

ADDENDUM 13th July 2021

Further statistics on SJP are available in table below

https://www.theyworkforyou.com/wrans/?id=2021-07-06.28183.h&s=%22magistrates%22#g28183.r0

A NIGHT WATCHMAN?

For those who enjoy the statistics that emanate from the Ministry of Justice I have accessed here current information of the numbers of people employed by HM Courts and Tribunal Service. There are a few closed locations still employing a single individual; perhaps a night watchman if such still exist.