‘WITHOUT THE LAW WE’RE LOST’
Magistrate reveals importance of voluntary role
YOU can blame the weather for how a window cleaner from Barry ended up running the organisation that looks after South Wales’ magistrates.
Most days John Viney runs a window cleaning business. So when it rained and he couldn’t work he went to watch proceedings in the magistrates’ court.
After finding out through a friend that he didn’t need a law degree to join the world that fascinated him, he applied for the role and became a magistrate in 2003. He now runs the Magistrates’ Association executive committee for Mid and South Glamorgan as well as being one of about 250 magistrates in Cardiff.
The role is important but sometimes hard to explain. Mr Viney, 67, describes how one colleague explained it to a friend, prompting the reply: “All right, so you send people to prison as a hobby!”
Speaking to him it is evident he values both humour and law.
“We do a lot of laughing,” he says. “Not at defendants, not at victims, obviously. But at situations that you get. So we have a sense of humour and ability to have empathy – but a strength to realise that at times you need firmness. Because without the law we are lost.”
Magistrates are volunteers in charge of the lowest criminal courts in the country. Some 95% of cases pass through magistrates’ court, Mr Viney says, including the most serious like murder, rape or arson.
Magistrates can specialise in the youth court or family court. Mr Viney picked youth court for the opportunity to have a positive influence and to reach young offenders. He is now also the chair of the Magistrates’ Association executive committee for Mid and South Glamorgan and preparing events for the association’s centenary this year. Mr Viney has even convinced his own clients to become magistrates.
But in spite of the latest intake Cardiff needs new magistrates. A few obstacles make recruitment more difficult and magistrate numbers lower: a period of about five years, until about four years ago, where there was no recruiting, combined with an ageing magistracy, as well as a pressurised financial climate.
Mr Viney adds: “You have to retire from being a magistrate when you’re 70. So the balance of younger to older magistrates is completely skewed – there’s something like 70% of magistrates over 55 or 60. We’re an older population.”
More diverse applicants – younger people, those with disabilities, and people from different ethnic backgrounds – are especially needed so that people are judged by their peers.
In April 2019 only 12% of magistrates were BAME. Only 5% were under 40 years old but 52% were older than 60 – and this figure worries Mr Viney.
The financial climate has made a difference, too.
“As we now face financial constraints employers are less inclined to give time off. They are less inclined to look at their magistrate as a benefit to their workforce, although we are actually better employees.
“But they’re less likely to see it that way. There’s more pressure on employers not to give time off for things like voluntary work as magistrates.”
Still, Mr Viney still pinches himself at the opportunity to become a justice of the peace.
“It is a great privilege being able to put the initials JP after your name.
“You’ve got to do it for the right reason and you’ve got to be prepared to put the time in. And if people do that, and work hard and attend the training, then it’s a really, really enjoyable thing.”
More information and application forms are found at https://www.gov. uk/become-magistrate.