In England and Wales, magistrates (; ) are highly trained honorary lay judges and members of the judiciary who deal with a wide range of criminal and civil proceedings. They are also known as Justices of the Peace. In the adult criminal court, magistrates have equal sentencing powers to district judges (formerly stipendiary magistrates) and deliver verdicts on both "summary" and "either way" offences that carry up to twelve months in prison, or an unlimited fine. Magistrates also sit in the family court where they preside over disputes that involve children, and in the youth court, which deals with criminal matters involving young people aged 10–17. Established in the 14th century, the magistracy is a key part of the judiciary of England and Wales, and it is a role underpinned by the principles of 'justice by one's peers'.
Magistrates typically sit as a bench of three, known as a panel, mixed in gender, age, sexuality and ethnicity where possible, to bring a broad experience of life to the bench. They can sit alone to preside over warrant applications, such as granting authorisation or deal with uncontested matters heard under the single justice procedure. All members of the bench have equal decision-making powers, but only the chairman, known as the Presiding Justice (PJ), speaks in court and presides over proceedings. Magistrates are not required to have legal qualification; they are assisted in court by a legal adviser, who is a qualified solicitor or barrister, and will ensure that the court is properly directed regarding the law.
According to official statistics for diversity of the judiciary in 2021, 56% of sitting magistrates were women, 13% were Black, Asian and minority ethnic, and 82% aged above 50 as at 1 April 2021. There were 12,651 magistrates in 2021, which has fallen steadily in recent years, decreasing by 50% from 25,170 since 2012.
History of the magistracy
Magistrate derives from the Middle English word magistrat, denoting a "civil officer in charge of administrating laws" (c.1374); from the Old French magistrat; from the Latin magistratus, which derives from magister (master), from the root of magnus (great). Today, in England and Wales, the word is used to describe a justice of the peace.
The office of justice of the peace has its origins in the 12th century when Richard I appointed 'keepers of the peace' in 1195. The title "justice of the peace" derives from 1361, in the reign of Edward III. The Justice of the Peace Act 1327 (1 Edw. 3. Stat. 2. c. 16) had referred to "good and lawful men" to be appointed in every county in the land to "guard the Peace". Justices of the peace still retain (and occasionally use) the power confirmed to them by the Justices of the Peace Act 1361 (34 Edw. 3. c. 1) to bind over unruly persons "to be of good behaviour". The bind over is not a punishment, but a preventive measure, intended to ensure that a person guilty of a minor disturbance does not re-offend. The act provided, among other things, "That in every county of England shall be assigned for the keeping of the peace, one lord and with him three or four of the most worthy of the county, with some learned in the law, and they shall have the power to restrain the Offenders, Rioters, and all other Barators, and to pursue, arrest, take and chastise them according to their Trespass or Offence".
Over the following centuries, justices acquired many administrative duties, such as the administration of the Poor Laws, highways and bridges, and weights and measures. For example, before 1714, magistrates could be approached at any time and in any place by people legally recognised as paupers, appealing to them for aid if parish authorities had refused to provide any. It was relatively common for these magistrates to write out, on the spot, an order requiring aid to be granted. The 19th century saw elected local authorities taking over many of these duties. There is one remnant of these duties, the appellate jurisdiction over the licensing of pubs and clubs.
Towards the end of the 18th century, the absence of an adequate police force and the quality of local justices became matters of concern. Justices received no salary from the government, although they could charge fees for their services. They were appointed from among prominent citizens of property, but a shortage of landed gentlemen willing to act in London led to problems. In Middlesex, for example, the commission was increasingly dominated by merchants, tradesmen and a small number of corrupt magistrates, known as "Trading Justices" because they exploited their office for financial purposes. A Police Bill in 1785 failed to bring adequate supervision of justices. However, the Middlesex Justices Act 1792 set up seven public offices, in addition to Bow Street, London, with three justices in each, with salaries of £400 a year (£53,241.56 as of 2025). The power to take fees was removed from all justices in the city. Six constables were appointed to each office, with powers of arrest. This was the origin of the modern stipendiary magistrate (district judge).
One famous magistrate was Sir John Fielding (known as the "Blind Beak of Bow Street"), who succeeded his half-brother as magistrate in Bow Street Magistrates' Court in 1754 and refined his small band of officers (formerly known as the Bow Street Runners) into an effective police force for the capital.The Times, 31 July 2005, "Bow Street hits the end of the road" Stipendiaries remained in charge of the police until 1839.
The first paid magistrate outside London was appointed in 1813 in Manchester. The Municipal Corporations Act 1835 gave boroughs the ability to request the appointment of a stipendiary magistrate in their locality. Originally stipendiaries were not required to have any qualifications, however they could only be appointed from the ranks of barristers (from 1839) and solicitors (from 1849).
Women in England and Wales were not allowed to become justices until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, who was a JP by virtue of her office. In 2021, 56% of magistrates in England and Wales were female.
In colloquial British English, magistrates are sometimes referred to as "beaks." This term dates back to the 17th and 19th centuries inclusive and is thought to have originated from the beak-like appearance of the magistrates' Black Death masks, filled with herbs and spices, worn by them during trials, custodial visits by these justices and separately doctors during the Bubonic Plague period.
This also originated from the tradition of judicial members and magistrates wearing the beaked masks when passing death sentences. The phrase was commonly used in literature and journalism and remains a historical slang term for magistrates and judges.
Magistrates The titles "magistrate" and "justice of the peace" are often used interchangeably, although the former is today commonly used in the popular media, and the latter in more formal contexts.
Magistrates sit in tribunals or "benches" composed of no more than three members. Although three is the usual number, a bench is properly constituted with two members. However, if they sit as two on a trial and disagree about the verdict, a retrial will be necessary (see Bagg v Colquhoun (1904) 1KB 554). Magistrates deal with around 97 per cent of criminal cases in England and Wales. A single magistrate sitting solo can deal with remand applications, issue search warrants and warrants for arrest as well as conducting early administrative hearings. Since 2015, a single magistrate, under the "single justice procedure", handles criminal cases where defendants plead guilty or do not respond to summons; 535,000 cases were heard this way in 2020.
On a bench of two or three, the magistrate who speaks openly in court is formally known as the Presiding Justice, or more informally as the chair, chairman or PJ. When sitting three magistrates on the bench, the chairman will sit in the middle. The magistrates sitting on either side of the chairman are known as "wingers". Magistrates deal with less serious criminal cases, such as common assault, minor theft, criminal damage, public disorder and motoring offences. They also send serious cases such as rape and murder to the Crown Court for trial, determine applications for bail, enforce the payment of fines, and grant search warrants and right of entry applications to utility companies (e.g. gas, electricity). Magistrates' powers are limited to a maximum sentence of twelve months imprisonment and/or an unlimited fine. They also have a civil jurisdiction, in relation to family work, and the enforcement of child support and council tax payments. To complement magistrates, there are a small number of district judges who are either barristers or solicitors. Under s 16(3) of the Justices of the Peace Act 1979 they have the same powers as magistrates but sit alone. Unlike judges in many of the higher courts, magistrates and district judges do not wear robes or wigs in the court room.
Lord Bingham, former Lord Chief Justice, observed that the lay magistracy was "...a democratic jewel beyond price".
Qualifications There are no statutory requirements as to the qualifications of a magistrate. There are five core requirements as to the character of candidates for the magistracy. These are:
Awareness of social issues Maturity, understanding of people, and a sense of fairness Reliability and commitment to serving the community Ability to understand documents, follow evidence, and communicate effectively Logical thinking, weighing up of arguments, and ability to reach a fair decision
Candidates for the magistracy must be permanently resident in England and Wales. Those who are applying, or intending to apply, for asylum or indefinite leave to remain in the United Kingdom are ineligible.
Magistrates must be aged between 18 and 74 upon appointment; however, there is an expectation that they will sit for 5 years, and the statutory retirement age is set at 75. The minimum age of appointment was reduced from 27 to 18 in 2004. However, appointments under the age of 30 are a rarity. In 2010 out of 30,000 magistrates in Wales and England only 145 were under the age of 30.
Locality and commitment Until the passage of the Courts Act 2003 it was necessary for magistrates to live within 15 miles of the commission area for the court in which they sat. As a commission area was usually co-terminous with a county or metropolitan area, they could live a considerable distance from the court in which they sat. However, the Act introduced a single commission area for the whole of England and Wales. The country is divided into local justice areas and magistrates are expected to either live or work within reasonable travelling distance of their court.
Magistrates must commit themselves to sitting for a minimum of 26 half days each year. In most cases, sittings are organized with magistrates attending to sit for the whole day which counts as 2 half-day sittings, though on occasion there may be a 'half-day' sitting typically lasting from 10am to 1pm or from 2pm to 5pm, with new magistrates taking over the afternoon session. Magistrates are expected to attend half an hour before sitting for preparation and a briefing about the case list from their legal adviser.
Restrictions on appointment Subject to the Lord Chancellor's discretion, a number of activities and occupations, including the occupations of a spouse or partner or other close relative, may give cause for concern in relation to the perceived impartiality of the bench and corresponding risk to the right to a fair trial. For example, a candidate will not normally be eligible if:
they are a member of the police service. they are a member of, or have been selected (formally or informally) as a prospective candidate for election to, any parliament or assembly.