Magistrates' Allowances and Expenses

Magistrates volunteer their time to perform their judicial duties, but the system recognises that they should not be left out of pocket for doing so.

To that end they are able to claim several different types of allowance to cover any expenses incurred as a direct result of their duties as a Magistrate.

There are three main types of allowance payable:

• Financial Loss Allowance;
• Travelling Allowance (which includes Motor Vehicle Allowance);
• Subsistence Allowance.

These can be claimed whenever a Magistrate attends a qualifying judicial duty.

You can view the current rates of these allowances here.

Qualifying judicial duties:

The following count as qualifying judicial duties, for which allowances are payable:

• Sittings in the Magistrates' Court;
• Magistrates' Court appeal sittings in the Crown Court;
• Training sessions and training courses;
• Attendance at meetings necessary for the proper function of the Bench;
• Attendance at formal committees to which Magistrates are elected or requested to attend as part of their judicial duties;
• Attendance of the Chairman of the Bench (or nominated Magistrates) at functions in a formal or official capacity, including pastoral visits;
• Attendance at meetings with other agencies or institutions, as approved by the Chairman of the Bench or HMCTS;
• Attending special occasions (e.g. the swearing in of new Magistrates, the attestation of police officers), as approved by the Chairman of the Bench or HMCTS;
• Attending the service and opening of the legal year;
• Making telephone calls, postage, faxing, printing and photocopying in connection with judicial duties.

Financial Loss Allowance:

Financial Loss Allowance is payable when a Magistrate provides evidence as part of the annual declaration process that they personally have incurred additional costs or experienced loss of earnings as a result of performing their judicial duties.

The maximum amount that can be claimed by self-employed Magistrates is greater than for those in employment. This is because self-employed Magistrates are responsible for paying their own income tax, whereas those in employment have had income tax deducted at source.

Travelling Allowance:

Travelling Allowance is payable when a Magistrate has incurred additional costs travelling to perform their judicial duties.

Travelling Allowance includes the following:

• Motor Vehicle Allowance: This is to reimburse the Magistrate for the costs incurred using their private motor vehicle (or motorcycle) for travelling from either their home or work address to their place of judicial duty. The distance travelled is calculated using the AA Route Planner and claimants can be confident it will be checked to the nearest mile and rejected if there are any errors. The rate was previously dependent on the size of the engine, but it's now a fixed amount. An additional amount can be claimed for up to a maximum of four passengers, who would have been entitled to claim the allowance in their own right. Tolls and parking fees (if there is no HMCTS parking provision) can also be claimed.
• Public Transport Allowance: This is to reimburse the Magistrate for the costs incurred using public transport for travelling from either their home or work address to their place of judicial duty. Magistrates can claim the lowest standard class fare available at the time of travel.
• Taxi Allowance: In exceptional circumstances, in a case of urgency or when no public transport is reasonably available, a Magistrate may claim for the reimbursement of taxi fares and a reasonable gratuity.
• Bicycle Allowance: Magistrates can claim a fixed rate when using a bicycle for conveyance between their home or work address and place of judicial duty.
• Air Travel Allowance: Magistrates may claim the cost of any air fares incurred as a result of performing their judicial duties. The amount that may be claimed is the lesser of either the actual expenditure incurred or the lowest standard rate fare available. Magistrates should seek approval prior to booking a flight.

HMCTS requires that copies of tickets and receipts are retained for audit purposes for a period of 3 years, but electronic copies are acceptable.

Subsistence Allowance:

Subsistence Allowance is payable when a Magistrate has personally incurred expense on subsistence for the purposes of enabling them to perform their judicial duties. The allowance is paid at a fixed rate based on the length of time a Magistrate is absent from their home or place of work, irrespective of the actual amount spent on subsistence.

The attendance of Magistrates and duration of their judicial duties is verified using the online Magistrates' Rota application and local records. If a Magistrate travels further to their judicial duty, therefore takes a longer time travelling, then they are likely to claim a higher rate of subsistence than one who lives just around the corner from the court.

There is normally no need for the Magistrate to retain or submit receipts for subsistence, as it can be reasonably assumed that subsistence expenses would be incurred for all but the briefest of judicial duties.

The rates are very modest. On a typical full day in court, which attracts a subsistence payment of around £10, I might buy a coffee on the way there, lunch and a coffee on the way home.

Claiming Allowances:

Magistrates are encouraged to submit their claims on a regular basis. These can either be in paper or electronic format via their eJudiciary email account. The Judicial Expenses Account Number (JEAN) is now obsolete. Magistrates are now uniquely identified by their eJudiciary email address.

Payment of Allowances:

Payments are now processed on a weekly basis, so no-one should have to wait longer than 10 or so days for payment (assuming their claim was in order). Payment is made by BACS to a UK bank or building society account.