header-logo header-logo

20 June 2019
Issue: 7845 / Categories: Legal News , Profession
printer mail-detail

Where are all the magistrates?

Numbers fall by 10,000 over six-year period

The magistracy is in ‘near crisis’, MPs have warned, with a shortfall in numbers that is ‘as frustrating as it was foreseeable’.

The Justice Committee this week called for a national strategy to recruit and train more magistrates, including extra funds for training, in its report, ‘The role of the magistracy―follow-up’. It said magistrates are struggling with reduced support and feel undervalued, while the court closure programme has created additional challenges.

The report reiterates issues raised in a Justice Committee report in 2016, which identified serious recruitment and training problems and called for the development of a national strategy as a matter of priority.

The number of magistrates―volunteers who sit in panels of three and may sentence offenders to up to six months in prison―has fallen from more than 25,000 in 2012 to about 15,000 in 2018. The report notes that magistrates have a high average age and have to retire at 70, indicating future gaps unless recruitment improves.

The MPs’ report recommends the government make it easier for working people to take time off work to volunteer as magistrates. It suggests the government consider increasing magistrates sentencing powers to up to 12 months, on the grounds that this could reduce crown court congestion and delays in sentencing offenders. Currently, magistrates must refer cases to the crown court if they are likely to incur a sentence longer than six months.

Bob Neill MP, chair of the Justice Committee, said: ‘Morale is not improving, despite the minister’s efforts to reassure us.

‘The shortage of magistrates could have been avoided had the government adopted our initial recommendation on recruitment. The action promised three years ago has failed to materialise, and we again call for an appropriate national strategy.’

The Ministry of Justice offered judges a temporary salary boost earlier this month in a bid to tackle the recruitment crisis. As well as a 2% pay rise across all tiers, High Court judges enrolled in the 2015 pension scheme are to receive a 25% (upped from an earlier offer of 11%) rise, and an extra 15% is being offered on a temporary basis to circuit and upper tribunal judges. 

Issue: 7845 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll