The UK Ministry of Justice (MoJ) has initiated a new recruitment campaign aimed at attracting younger individuals to serve as magistrates, in an effort to address court backlogs and enhance diversity within the judicial system. This initiative, launched on October 3, 2024, seeks to add up to 2,500 new magistrates to the current roster, bringing the total to approximately 17,000.
Shabana Mahmood, the Justice Secretary, is considering expanding magistrates' sentencing powers from six months to one year. This change could potentially alleviate the prison overcrowding crisis by reducing the number of remand prisoners. As of June 2024, a record 17,070 individuals were on remand, comprising one-fifth of the entire prison population – a significant increase from 6,000 five years prior.
The campaign specifically targets "younger and working-age people" to improve representation of under-represented groups. Currently, only about 5% of magistrates are under 40, leading to criticism that the judiciary does not adequately reflect wider society. The MoJ emphasizes that the role requires no specific qualifications or legal knowledge, instead valuing qualities such as open-mindedness, rational thinking, and teamwork ability.
Tom Franklin, chief executive of the Magistrates' Association, stressed the importance of recruiting from underrepresented groups: "The focus on recruiting individuals from currently underrepresented groups must be maintained – including from younger and working-age people – to better reflect the communities that magistrates serve."
Magistrates play a crucial role in the UK justice system, handling over 90% of all criminal cases in England and Wales. The position dates back to 1361 when the Justice of the Peace Act was introduced. In recent years, efforts have been made to modernize the role, including lowering the minimum age from 27 to 18 in 2022 and increasing the retirement age to 75.
The recruitment drive also aims to address the significant decrease in magistrate numbers, which have fallen by about 50% since 2012. Prospective magistrates must be between 18 and 74 years old and commit to a minimum of 13 days per year for at least five years. Employers are legally required to allow time off for magistrate duties, ensuring that individuals from various professional backgrounds can participate.
While the campaign focuses on recruitment, Franklin also highlighted the importance of retention: "There should be a fundamental overhaul of the magistrates' expenses system, so that magistrates are not left out of pocket, as is the case currently."
This initiative comes as part of a broader effort to streamline the justice system and address ongoing challenges. By increasing the diversity and number of magistrates, the MoJ hopes to create a more representative and efficient judicial process, ultimately benefiting communities across the UK.