Ex-criminal magistrates ‘would boost diversity’
HIRING more magistrates with criminal records would help increase diversity among the judiciary, the chairman of the Magistrates Association has said.
John Bache said that a more representative set of magistrates was needed to make those accused of crimes feel less alienated by the justice system.
“We all make mistakes, we all do things we shouldn’t have done. But we want to increase diversity, and if we did say anyone who’s done anything wrong ever isn’t going to be appointed, that’s no way at all to increase diversity,” he told The Daily Telegraph.
He said the rules, which do allow people with a criminal record to become magistrates, needed to be better known, “because hopefully it would encourage some people who thought they’re not going to be eligible”.
“They’re wrong, they are still eligible,” he said. “I wouldn’t want them to think that because they’ve got a relatively minor criminal record some years ago that they’re not going to be accepted as a magistrate, because that would be completely erroneous.”
Ministry of Justice figures show the number of magistrates has dropped by 40 per cent in six years, and most are over the age of 60. Magistrates must retire at 70. Another 9,000 magistrates were needed over the next decade “just to stay still”, Mr Bache said.
Applicants must be over 18 and under 65, and must show they have qualities including maturity, an awareness of social issues and an ability to think logically and weigh up arguments.
Guidelines say applicants are unlikely to be accepted if they have been convicted of a serious offence or a series of less serious offences.
Magistrates often go into schools to talk to pupils about their role, which could form another educational opportunity, Mr Bache added. “There’s always a question-and-answer session at the end and it’s not uncommon for questions of that type to come up.
“Obviously the magistrate who’s giving the presentation will answer honestly, and if he’s got a criminal record hopefully he’ll say he has a minor offence from some years ago.”
Last year a report by Labour MP David Lammy found a distrust in the justice system among black and minority ethnic communities. Mr Bache said while he believed magistrates and judges would “treat everybody fairly”, there was a problem with “perception”.