ARE MAGISTRATES BEING SELECTED BY ETHNIC QUOTA by The Justice of the Peace

ARE MAGISTRATES BEING SELECTED BY ETHNIC QUOTA?

written by The Justice of the Peace on the 20^th July 2021 at 14:41 - Posted in Police Blog

Magistrates courts have been around for well over 600 years. Until 2010 one might have used the term ubiquitous when describing their locations. There were around 330 in England and Wales serving the needs of a population both town and country. And then came Kenneth Clarke as Lord Chancellor of a newly elected Tory government obsessed with the ramifications of the financial crisis. In that first year Clarke was proud to be the first cabinet member to announce his department`s contribution to the looming deficit; 23.8% was cut from the following year`s budget of the Ministry of Justice. With like minded thinking at the Home Office the whole paraphernalia of all that contributed to the law making and its enforcement in a civilised country was hacked to pieces over the following decade. The numbers of police and support workers were pared back to the extent that none ever appeared except when driving past blue lighted. Prison officers were decimated with many prisons thrown to outsourcers eg Serco and others who cut so many corners with them and their sub contractors trying to force profits from an ever shrinking capital base. Probation services and others were catastrophically re-organised in 2015 by undoubtedly the worst most reckless and ignorant Secretary of Justice in memory only to be reconstituted by the same Tory government years later. And so to our courts system. In the year ending March 2019, 5.3 million crimes were recorded by police in England and Wales compared with 3.9 million in 2011/12. The figures are not directly comparable over time as recording practices change although there has evidently been a rise in recorded crime. Over the same period, the number of prosecutions brought by the Crown Prosecution Service (CPS) fell by 46%.In 2019/20 the total MoJ budget was around 25% lower than in 2010/11.In 2018/19 there were 5,684 full-time equivalent CPS staff in post compared with 8,094 in 2010/11.Between 2010/11 and 2018/19 criminal legal aid expenditure fell by over a third (35%). As of April 2010 there were 29,270 magistrates, 143 district judges and 151 deputy district judges operating in the roughly 330 magistrates’ courts throughout England & Wales.There are currently 150 magistrates courts served by 12,333 magistrates and 124 District Judges (MC). The loss of magistrates is due to retirement. Their age profiles were always well known at the MoJ. The effect of their loss was predictable but government assumed an "all would be right on the night" philosophy with the result that over the last year or so coincident with the Covid pandemic which was a fine alibi for mismanagement the MoJ has been frantic in trying to recruit new bodies to warm the benches of our remaining magistrates courts. Almost every county `s local print media has been bombarding its readers with pleas to apply for appointment to their local bench. Social media companies have also received their fair share of similar advertising revenue. Common aspect of such advertising is that anyone can apply and particular attention will be given to those of an ethnic minority. The committees overseeing applicants operate in secret. The basic criteria are available here. The application form is available at the end of this post. Latest judicial diversity statistics are available below. Unfortunately to publish this whole section magnification could not be larger. Readers might want to use tool available on their own Windows or Mac system.

With a national BAME figure of 13% of the population the figures above do not seem incompatible. However there is pressure from assorted sources that composition of the bench must reflect local areas` ethnicity head count. There are some who would argue that that requirement is, to coin a phrase, ill judged. I do not intend to discuss that in this post. What I will posit is my opposition to appointment by quota. We have seen recently the furore over the "taking of the knee" and in particular the accusations that those who oppose this act are by their very opinion; racist. In their eyes I too therefore am branded by this abuse owing to my opposition to such a political act by professional sportsmen (and women). Many will be unaware that at the 1936 Olympic Games in Berlin in front of hitler the English football team made the nazi "heil" salute. There was much opposition at home.

Despite denials by the Ministry of Justice there is no certainty that magisterial appointments are made without an eye on the diversity statistics. As citizens we should be entitled to know if those who sit upon us in judgement are indeed chosen strictly on merit or not. This would be beneficial most of all to any member of an ethnic minority applying for position. To be appointed with the purpose of maintaining or fulfilling a quota and not necessarily on individual worth would be as insulting to those BAME magistrates as it would be for any of us in such a position. The MoJ must declare its policy.

Text Box: MAGISTRATES IN ENGLAND AND WALES APPLICATION FORM FOR CRIMINAL COURT

This document is produced and maintained by:

Magistrates HR

Judicial Office

10^th Floor, Thomas More Building

Royal Courts of Justice

Strand

London

WC2A 2LL

PRE-APPLICATION CHECKLIST Please read ‘Becoming a Magistrate in England and Wales – Candidate Information in full before starting your application.

You must complete the following checklist before submitting your application. If you do not complete the checklist, your application is liable to be rejected.

I have read the Candidate Guidance in full.
I have checked to ensure that recruitment is taking place in my area.
I am not in the process of seeking asylum or applying for indefinite leave
I understand that applicants are expected to be living or working in, or reasonably close to, the area in which they wish to serve.
I understand that, if called for interview, I will be required to demonstrate that I have a good knowledge and understanding of social issues in the area I wish to serve.
I understand that magistrates are required to sit for at least 13 full days per year (or 26 half days). I also understand that I will be required to attend training and occasional meetings after court. I confirm that I am able to meet this commitment.
I am in employment and have obtained my employer’s agreement to take the necessary time off work if I am appointed. (Leave blank if not in employment and see below)
I am not in employment.
I have undertaken at least two visits to a magistrates’ court in the twelve months prior to making my application.
The people I intend to nominate as referees have agreed to provide a reference and I understand that if references are not provided by the required date my application will be rejected.

PRELIMINARY INFORMATION

Applicants are expected to be living or working in, or reasonably close to, the area in which they wish to serve.

Please state the name of the advisory committee whose recruitment exercise you are applying for:

Advisory Committee

If you have a preference to sit at a particular court (or courts) within the area you are applying to, indicate them below. Please note that we cannot guarantee to meet your preference(s):

Preferred court(s)

How did you initially become aware of the role you are applying for?

What additional material have you seen that has increased your knowledge of the role? This might be advertisements, pages on the internet etc.

Only answer the next question if you are applying for vacancies in Wales.

Refer to page 14 of the Guidance for Prospective Applicants.

If the area to which you are applying has vacancies for bilingual magistrates, please indicate below if you would like to be considered for those vacancies:

Yes

All applicants must have visited a magistrates’ court to observe the proceedings, at least twice before submitting an application.

Name of magistrates’ court	Date	D M Year
Name of magistrates’ court	Date	D M Year
Name of magistrates’ court	Date	D M Year

We need to know if you have previously applied to become a magistrate, including any separate applications to sit in the family courts.

Have you previously applied to become a magistrate?

Yes

Have you made an application to sit in the family court?

Yes

If you answered yes, please give details of when you made your application, to which advisory committee, and the outcome (if known) of your application.

The Magistrates’ Association represents approximately 80% of magistrates in England and Wales. Information about the Magistrates’ Association is available at: www.magistrates-association.org.uk/

If you are appointed, may we pass your details (name, address, date of birth and local justice area) to the Magistrates’ Association, so that they can contact you about the Association?

Yes

Your details will not be disclosed without your permission and will not be passed to any other organisation.

PERSONAL INFORMATION - This information will be removed prior to applications being assessed

Title	Mr	Miss	Ms	Mrs	Dr
	Other (please state)
Surname
Forename(s)
Previous surname (if any)
Date of birth	D M Year
Home address (including post code)
Telephone	Home Work Mobile
Contact email
Nationality
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ARE MAGISTRATES BEING SELECTED BY ETHNIC QUOTA?

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