While you may well know that almost all cases – more than 90 per cent – start in magistrates’ courts, it might surprise you to learn that magistrates are volunteers drawn from their local communities and that they have been a much-valued part of our justice system for over 900 years?
Magistrates come from all walks of life, and their different experiences and backgrounds help them to understand and show compassion to the people who appear before them. They take an oath “to do right to all manner of people after the laws and usages of this realm”. This implicit commitment to ensuring equality and fairness in the judicial system is important because everyone seeking justice should feel that courts are accessible to them.
I have been a magistrate for nearly 20 years and, in that time, I have seen the magistracy make excellent headway towards ensuring it better reflects the communities it serves. Today, it is the most diverse part of the judiciary; the latest government statistics show that 13 per cent of magistrates are from Black, Asian and minority ethnic backgrounds – a proportion that almost mirrors the ethnic makeup of the UK.
However, this diversity is not evenly spread and the lived experiences of the Black, Asian and minority ethnic magistrates that I speak to make it clear that we need to do more. As Chair of the Magistrates’ Association’s (MA) Black, Asian and minority ethnic network, I have long argued that improved representation in the magistracy is key to enhancing public confidence in the justice system, and to ensuring fairer outcomes for all. David Lammy’s 2017 finding that many Black, Asian and minority ethnic defendants “neither trust the advice that they are given, nor believe they will receive a fair hearing from magistrates” vividly highlighted an urgent need for us to do better.
As well as retaining the incredible volunteers we already have, we also need to attract new and more diverse magistrates. That’s why the MA was delighted to endorse the Ministry of Justice’s latest drive to recruit 4,000 new magistrates, which particularly encourages applications from traditionally underrepresented groups. Promisingly, as of April 2022 a quarter of the 33,000 expressions of interest had come from people of Black, Asian and minority ethnic backgrounds.
This is, therefore, the perfect time for us to take stock of where we are as an institution and what needs to be done to make the experiences of all magistrates better. Earlier this year we surveyed the members of our network to learn more about their lived experiences. While many said they had not personally experienced negative comments/issues relating to their background, others said they feel they constantly have to prove themselves to colleagues, are regularly subjected to microaggressions, and believe outdated attitudes towards race and ethnicity are not uncommon in the magistracy.
One of the ways we’re seeking to tackle this is by developing training for our members on how to have difficult conversations. We hope this will empower magistrates to challenge racist or otherwise prejudiced behaviour they see on the bench.
We have also started reflecting about how we talk about diversity and inclusion, and the role of intersectionality therein. However, there are great data gaps that need plugging to inform our discussions. There is, for example, virtually no data on magistrates who identify with more than one diversity and inclusion category. We are working with policymakers in government to change this.
Despite the challenges, I would wholeheartedly recommend all readers consider applying to be a magistrate. You don’t need a legal background. You just need to be able to commit at least 13 days a year and have a passion for giving back to your community. For me, it has been an immensely rewarding experience.
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