Finding the Balance: Magistrates' Time Commitment

One of the first things any prospective new Magistrate will want to know is the time commitment involved.

We have previously discussed the application and interview process, which can be quite time consuming in their own right. In my own case it was more than a year between submitting my application and being appointed, but prior to that I had actually been waiting two years for vacancies to arise in my local area.

Once appointed there is a minimum sitting requirement of 26 half days per year, but many Magistrates sit way in excess of that. It also takes a while for a new Magistrate to get trained up, so there is a general expectation that anyone appointed will commit at least 5 years to the role (although, as volunteers, they obviously can't be held to that and can resign at any time after appointment).

A new Magistrate's first 12 to 18 months are the busiest in terms of initial training, mentored sittings and generally finding their feet. In addition to their normal court sittings, they will be expected to complete the equivalent of half a day's induction training and 3 days of core training. They will also be expected to spend a day visiting a prison and another day visiting the probation service. They might also be expected to undertake a few days observing the work of colleagues in court.

Between 12 and 18 months after appointment the new Magistrate will complete two days of consolidation training, which will be closely followed by their first (threshold) appraisal to confirm that they have acquired the skills necessary to be an effective winger. After that a winger will be appraised at least every four years and a Presiding Justice every two years.

In theory Magistrates are required to undertake a minimum of 6 hours refresher training every three years. In practice most will do well in excess of that, with training regularly delivered to reflect changes in policy, procedure and legislation. The 6 hour minimum is nowhere near sufficient and personally I would like to see it increased to an annual minimum of 2 or 3 days, even if that means offsetting the normal sittings of some Magistrates.

Anyone in employment should always seek the agreement of their employer before applying to become a Magistrate. I am fortunate that I can fit my Magistrate duties around my normal working hours, but I still discussed my application with my (very supportive) employer as a matter of courtesy.

Under section 50 of the Employment Rights Act 1996 employers are legally obliged to grant time off for any Magistrate in their employment to perform their duties. Time off does not need to be paid and Financial Loss Allowance can be claimed if it is not. The legislation does not specify the amount of leave that has to be granted.

Sittings are allocated to Magistrates on the basis of their availability. Each Magistrate is asked to regularly update their availability on the online rota system. The system shows the sittings allocated to a Magistrate for the next 3 or 4 months. Sittings can be cancelled using the online rota system, but short notice cancellations (a few days before the sitting) should always be done by telephone. Sometimes sittings arise at short notice and these are usually organised by telephone, but confirmed on the online rota system.

In conclusion, I would say that most established Magistrates on my bench sit an average of 2 full days every month, plus complete the equivalent of a full day's training every year. Those involved in committees and/or the Youth or Family Panels will sit more frequently. The highest sitters - those able to volunteer at short notice as and when vacancies arise - are easily sitting once a week, throughout the entire year.