In the rush for so called equality over
the last decade or two it seems sometimes that numbers overwhelm science. By numbers I refer to age requirements for
certain activities or imposed restrictions until a certain age is attained; eg
a firearms license minimum age is 18, voting in the forthcoming election
requires a minimum age of 18 but 16 year olds were granted that privilege for
the Scottish Referendum. 16 is minimum age law recognises for consensual sexual
activity: marriage in England has a
minimum age of 16 with parental consent but the other partner
must be 18 or older whereas in Scotland 16 year olds can be married without
parental consent. Boy soldiers cannot be
sent to a war zone until they are 18 by which time they have been driving for a
year. These are only a few demonstrable age related restrictions on activities.
It is apparent that there is little scientific basis on which these are
restrictions are made. They are in other
words arbitrary. Indeed as arbitrary as
my and my colleagues being forced to retire from the bench at 70; a matter which
is currently receiving the attention of the Equality Advisory Support Service. But at the other end of the scale is the fact
that Justices of the Peace can be appointed* from the age of 18. They have to show:-
- Good character;
- Understanding and communication;
- Social awareness;
- Maturity and sound temperament;
- Sound judgement;
- Commitment and reliability.
It has been shown without much doubt that
the human brain takes longer to reach full maturity than was otherwise thought
even twenty years ago. Some researchers
are suggesting that that process continues even into the thirties. The one single facet of human behaviour that
has existed throughout the ages is wisdom associated with age. And the reason is very simple; in times gone
by the tribal elder had an accumulation of knowledge and experience which only
a long healthy life could give. Bearing
all that in mind my question is how can a 22 year old have all the attributes
needed to be judge and jury over the actions of his fellow citizens, their
consequences and the resulting sanctions.
IMHO it is not possible notwithstanding the outstanding qualities of any
candidate. But I am unlikely not to be a voice in the
wilderness. Prevailing political thought processes
require equality, equality, equality irrespective of all the diversity amongst
us. Indeed there is not even a
requirement that a J.P. must be a British citizen.
The person who has allowed his
appointment* to be headlines in the local paper has made or has had it made for
him his first error of judgement. In due
course he will learn that his newly found calling will mark him and his colleagues
as pawns in the policy of any government which is heading J.P.s into a pasture
where they can serve out of the courts environment. He will not be sitting in the courts for 48 years.
..........................................................
*Instructions for completion and return of this form
Please
complete all relevant sections of the form.
Failure to do so could lead to your application being rejected.
Where
applicable, click on the relevant box to place a cross in that box.
Where text is
required, type your answers into the form fields. These will expand as you
type
until they fill the box. Please use Arial font size 11.
If a question
does not apply to you, please mark it N/A (not applicable). Do not leave
the space blank.
Completion of
Appendix A (Diversity Monitoring Form) is
not mandatory.
Completion of
Appendix B (Referees) is mandatory.
Please
send your completed application to the relevant advisory committee by email
or post. If sending by post, please ensure the printed copy is fully
legible and do not send photocopies.
Contact
the advisory committee if you have any questions about completing your
application.
A
list of advisory committees and contact details can be found at Appendix A
of Becoming a Magistrate in England
and Wales – Guidance for Prospective Applicants (link below).
You
should find it helpful to have a copy of the Guidance with you when you
complete your application.
|
This document is
produced and maintained by:
Magistrates HR
Judicial Office
10th
Floor, Thomas More Building
Royal Courts of
Justice
Strand
London
WC2A 2LL
1.
PRE-APPLICATION CHECKLIST
Please
read the booklet ‘Becoming a Magistrate
in England and Wales –
Guidance for Prospective Applicants’ 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 Guidance for
Prospective Applicants in full.
|
|
|
I have checked to ensure that
recruitment is taking place in my local area.
Refer to page 5
of the Guidance for Prospective Applicants.
|
|
|
I understand that applicants are
expected to be living or working in, or reasonably close to, the area in
which they wish to serve.
Refer to page 5
of the Guidance for Prospective Applicants.
|
|
|
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 local area, in particular the causes
and effects of crime.
Refer to pages 5
and 14 of the Guidance for Prospective Applicants.
|
|
|
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.
Refer to page 8
of the Guidance for Prospective Applicants.
|
|
|
I am in employment and have obtained
my employer’s agreement to take the necessary time off work if I am
appointed.
Refer to page 9
of the Guidance for Prospective Applicants. (Leave blank if not in employment and
see below)
|
|
|
I am not in employment.
|
|
|
I have undertaken at least one visit
to a magistrates’ court in the six months prior to making my application.
Refer to page 9
of the Guidance for Prospective Applicants.
|
|
|
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 could be rejected.
Refer to page 13 of the Guidance for
Prospective Applicants.
|
2.
PRELIMINARY INFORMATION
Applicants
are expected to be living or working in, or reasonably close to, the area in
which they wish to serve.
Refer
to page 5 of the Guidance for Prospective Applicants.
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 magistrates’ court (or courts)
within the local area, indicate them below.
Please note that we cannot guarantee to meet your preference(s):
|
Preferred
court(s)
|
|
How
did you become aware of the vacancies for which you are applying?
|
|
Only
answer the next question if you are applying for vacancies in Wales.
Refer
to page 12 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 once, preferably two or three times, before submitting an application.
Refer
to page 9 of the Guidance for Prospective Applicants.
Please
provide the names of the courts you have visited in connection with your
application and the dates of your visits.
|
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.
Refer to page 10 of the Guidance for Prospective
Applicants.
Have you previously applied to become a magistrate?
|
Yes
|
No
|
If you answered yes, please give details of when you
made your application, to which advisory committee, and the outcome 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 and about training?
|
Yes
|
No
|
Your details will not be disclosed without your
permission and will not be passed to any other organisation.
3.
PERSONAL INFORMATION
|
Mr
|
Miss
|
Ms
|
Mrs
|
Dr
|
|
|
|
Other (please
state)
|
|
|||
|
Surname
|
|
||||
|
Forename(s)
|
|
||||
|
Previous surname
(if any)
|
|
||||
|
Date of birth
|
|||||
|
Home address (including post
code)
|
|
||||
|
Telephone
|
Home
Work
Mobile
|
||||
|
Contact email
|
|
||||
|
Nationality
|
|
||||
|
Country of birth
|
|
||||
|
|
|||||
4.
DIVERSITY MONITORING INFORMATION
Please
refer to Appendix A below.
5.
QUALIFICATIONS
No
formal qualifications are required to become a magistrate. This information is requested to give some
background about applicants. It will not be taken into account in assessing suitability
for appointment.
Provide
a brief summary of your educational and any other significant qualifications
(e.g. professional qualifications):
|
|
6.
EMPLOYMENT HISTORY
Certain
occupations (including past occupations) may affect your eligibility to serve
as a magistrate.
Refer
to page 8 and Appendix D of the Guidance for Prospective Applicants.
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)
|
|
||||||
|
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 page 8 and Appendix D of the Guidance for Prospective Applicants.
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:
|
|
7.
REFERENCES
All
applicants must provide the names of three people who have agreed to act as
referees. Please complete Appendix B below.
Refer
to page 13 of the Guidance for Prospective Applicants.
8.
REASONS FOR APPLYING TO BECOME A MAGISTRATE AND PERSONAL QUALITIES
Please explain what motivated you to
apply to become a magistrate:
|
|
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 Appendix
C of the Guidance for Prospective Applicants.
Please explain how
you believe you meet the six key qualities.
If possible, give examples of how you have demonstrated these qualities
through your work and/or in other areas of your life:
|
|
Please provide a brief description of
any voluntary work you are currently doing or have done in the past:
|
|
Please provide a brief description of
any hobbies / recreational activities in your spare time:
|
|
9.
CONVICTIONS AND ORDERS
The Senior
Presiding Judge will not appoint anyone in whom the public would be unlikely to
have confidence.
A civil matter or
a minor criminal matter in the past will not necessarily disqualify you from
appointment.
If your
application is successful, the Disclosure and Barring Service will carry out an
enhanced level criminal record check on you.
You must disclose
all relevant matters, including motoring offences, on your application
form. When disclosing motoring offences
include the number of penalty points and the amount of any fine.
Refer
to pages 6 and 7 of the Guidance for Prospective Applicants.
Have
you ever been convicted of a criminal offence?
|
Yes
(see below)
|
No
|
If you answered yes above, please
provide full information below. You
must disclose all relevant matters, regardless of when they occurred:
|
Offence
|
Conviction, Penalty
or Order
|
Court
|
Date of
Conviction
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Provide details of
any civil proceedings to which you, or any company of which you are director,
have been a party. Include details of any bankruptcy and/or maintenance orders,
whether against you or in your favour:
|
Nature of
Proceedings
|
Order
|
Court
|
Date of Order
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Are
you currently involved in any form of legal proceedings; for example as a party
to the proceedings or as a witness?
|
Yes (see below)
|
No
|
If you answered yes above, please describe
the nature of the proceedings and your involvement:
|
|
Excluding any information provided
above, is there anything 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 (see below)
|
No
|
If
you answered yes above, please provide further information:
|
|
10.
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 in my application.
(Please
sign electronically or by hand).
|
Signed:
|
|
Date:
|
|
Completion
of this Appendix is not mandatory.
However, your response would be appreciated.
This
data helps advisory committees to assess the effectiveness of recruitment
strategies and aids the identification of patterns and trends in judicial
diversity.
Statistical
data is published annually on the judiciary website*;
for example to show the proportion of magistrates from Black and Minority
Ethnic backgrounds. The information is published
in generalised form only – the personal details of individuals are never
published.
The
information provided in this Appendix is not taken into account in assessing
suitability for appointment.
Gender
Age
Under 25 25-30 31-35 36-40 41-45 46-50 51-55
56-60 61-65 Over 65 I prefer not to answer this question.
Ethnicity
I
would describe my ethnic origin as: (please tick one box with which you most
identify)
|
White
|
British (or one of the following)
|
|||
|
|
English Scottish Welsh
Northern Irish
|
|||
|
|
Other (please specify)
|
|
||
|
|
Irish
Gypsy or Irish Traveller
|
|||
|
|
Any other White background (please specify)
|
|
||
|
|
|
|||
|
Mixed/multiple
ethnic backgrounds
|
White and
Black Caribbean |
White and
Black African |
White and Asian
|
|
|
|
Any other mixed background (please specify)
|
|
||
|
|
|
|||
|
Asian/Asian British
|
Indian
Chinese
|
Pakistani
|
Bangladeshi
|
|
|
|
Any other Asian background (please specify)
|
|
||
|
|
|
|||
|
Black/ African/ Caribbean Black British
|
Caribbean
|
African
|
|
|
|
|
Any other Black background (please specify)
|
|
||
|
|
|
|||
|
Other
Ethnic Group
|
Arab
|
|
|
|
|
|
Any other ethnic group
(please specify)
|
|
||
|
|
|
|||
I prefer not to answer this question.
Disability
APPENDIX B – REFEREES
You
should give details of three referees who have known you for at least three
years.
Refer
to page 13 of the Guidance for Prospective Applicants.
Applicants in Wales only
If
you have signified that you wish to be considered for a Welsh-essential
vacancy, please write below the corresponding number of the referee (from
referees 1 to 3) who would be prepared to confirm that you are sufficiently
fluent in Welsh to be considered for these posts. (Additional guidance about
this requirement will be provided to your nominated referee.)
|
|
Referee
1
|
Title
|
Mr
|
Miss
|
Ms
|
Mrs
|
Dr
|
|
|
Other (please state)
|
|
|||
|
Surname
|
|
||||
|
Forename
|
|
||||
|
Address (including post
code)
|
|
||||
|
Contact
Telephone
|
|
||||
|
Contact Email
|
|
||||
|
Occupation (if any)
|
|
||||
Referee
2
|
Title
|
Mr
|
Miss
|
Ms
|
Mrs
|
Dr
|
|
|
Other (please state)
|
|
|||
|
Surname
|
|
||||
|
Forename
|
|
||||
|
Address (including post
code)
|
|
||||
|
Contact
Telephone
|
|
||||
|
Contact Email
|
|
||||
|
Occupation (if any)
|
|
||||
Referee
3
|
Title
|
Mr
|
Miss
|
Ms
|
Mrs
|
Dr
|
|
|
Other (please state)
|
|
|||
|
Surname
|
|
||||
|
Forename
|
|
||||
|
Address (including post
code)
|
|
||||
|
Contact
Telephone
|
|
||||
|
Contact Email
|
|
||||
|
Occupation (if any)
|
|
||||
