Your Questions

Here are some common questions about magistrates and the Magistrates' Association. If you have any questions not answered below, please email them to [email protected] or use the online enquiry form.

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• I have been told I need to get a document counter signed by a magistrate/JP – where and how do I do this?
• I am researching my family history. How can I find out if one of my ancestors was also a magistrate in the past?
• I wish to complain about a magistrates’ conduct (out of court), who can I write to?
• I am not happy with the sentence imposed on me by magistrates today – what do I do?
• Can you give me the number of my local magistrates’ court?
• What time do courts start?
• My wife is a policewoman – does this prohibit me from applying to become a magistrate?
• Can a JP continue to use the suffix after they have retired?
• What is the difference between a magistrate and a Justice of the Peace?
• I have to go to court as a witness. I have been told I have to take an oath but I am not religious. What shall I do?
• Can you arrange for me to have a CRB (Criminal Records Bureau) check?
• Can someone who is not a British National be appointed as a magistrate?
• I have just received a business letter where the writer clearly advertises the fact that he is a magistrate and has put JP after his name. Is this allowed?
• Are there any forthcoming events about magistrates for the public, eg court open days?
• My son is in year 9, aged 13 and for some time has indicated that he is interested in law. I would like to take him into the public gallery of my court to show him what goes on but I am unsure about age restrictions. Can you advise?

The easiest way is to find out where your local court is to visit www.hmcourts-service.gov.uk/HMCSCourtFinder, then telephone the court and ask when it would be best to have this done.

Some courts may ask you to come at 9.45 am and magistrates will do this before the formal court business starts or they may ask you to come at 10 and be listed first. Either way telephoning in advance means you are far less likely to have to wait.

I am researching my family history. How can I find out if one of my ancestors was also a magistrate in the past?

There is now just one Commission for England and Wales and magistrates’ records are kept by the Ministry of Justice. However records are limited to serving magistrates and those on the supplemental list. The best starting place is probably the local Lieutenancy Office, the Lord Lieutenant being the Keeper of the Rolls (custos rotulorum) for each county. A full list can be accessed via the Monarchy site at www.royal.gov.uk

I wish to complain about a magistrates’ conduct (out of court), who can I write to?

This may be a matter to be dealt with locally – in the first instance you should write to the justices’ clerk. To find out who that is you can contact the Justices’ Clerks’ Society tel 0151 255 0790.

I am not happy with the sentence imposed on me by magistrates today – what do I do?

You can appeal but you must do so within time limits. You can seek limited advice and collect the appropriate forms from the magistrates’ court – the appeal is heard at the Crown Court by a judge sitting with two magistrates.

Can you give me the number of my local magistrates’ court?

Full details can be found at www.hmcourts-service.gov.uk/HMCSCourtFinder

What time do courts start?

Monday – Friday promptly at 10 am until 1pm and in the afternoon from 2.15 pm to 4.15 pm though they can run later than that when necessary.

My wife is a policewoman – does this prohibit me from applying to become a magistrate?

Although almost anyone can apply to become a magistrate there are certain categories where it would be inappropriate to appoint someone as a magistrate in order to protect the impartiality of the magistracy.

If your local magistrates’ court is in the same local justice areas as that in which your wife works it would not be possible; however if it were in another local justice area then it may be possible.

It is always best to check with the local advisory committee (this is the group of people who are responsible for recruiting magistrates on behalf of the Lord Chancellor and Lord Chief Justice). Details can be obtained from your local magistrates’ court - www.hmcourts-service.gov.uk/HMCSCourtFinder

Can a JP continue to use the suffix after they have retired?

If a magistrate is on the supplemental list they can use the suffix until death but if they are not on the supplemental list they should not use the suffix at all.

What is the difference between a magistrate and a Justice of the Peace?

There is no difference – both terms mean the same.

I have to go to court as a witness. I have been told I have to take an oath but I am not religious. What shall I do?

You do not have to take a religious oath. In court the usher will ask you whether you would like to take an oath on a holy book or affirm, state that you wish to affirm. The affirmation is "I do solemnly, sincerely and truly declare and affirm, that the evidence I shall give shall be the truth, the whole truth and nothing but the truth."

Can you arrange for me to have a CRB (Criminal Records Bureau) check?

The Magistrates’ Association does not undertake this work – you need to visit www.crb.gov.uk where all the information for the application process is explained.

Can someone who is not a British National be appointed as a magistrate?

The clause in the Courts Act averting the effect of the Act of Settlement came into effect as soon as Royal Assent was given in November 2003. This now means that any non-British resident of the UK can now apply to become a magistrate as long as they are content to take the oath of allegiance.

I have just received a business letter where the writer clearly advertises the fact that he is a magistrate and has put JP after his name. Is this allowed?

The guiding principle here is that magistrates should not appear to be deriving any benefit, financial or otherwise from their office as a JP.

The letters JP should not be used for the furtherance of trade, professional, business or political interests. The following guidance has been issued by the Ministry of Justice (MoJ):

a) The suffix may be used on private and business letterheads and other materials in the same way as suffixes relating to orders and decorations, academic or professional qualifications and similar references to status would naturally be used. (Guidance on the correct order of suffixes can be found at www.debretts.co.uk.)

b) However magistrates should, when considering using the suffix in this way, bear in mind the perceptions such usage can create. It should not, for instance, be given undue prominence when compared with other qualifications or honours.

The MoJ have had a number of complaints where it has been felt that individuals have been using the suffix as a way of gaining undue influence, financial gain or credibility for their views, particularly in relation to justice matters and even individual cases. This will often, of course, be a matter of perception, but magistrates should always be alert to how references to their status might reasonably strike. Any attempt to misuse the status to gain benefit in this way would remain, potentially, a matter of misconduct.

c) There is particular sensitivity around usage in an electoral context. In this context, magistrates may refer to their status, as a matter or record and as evidence of their commitment to the local community and volunteering generally. However they must ensure that this is not done in a way which could reasonably be thought to cast doubt on their political impartiality on the bench – the importance of maintaining a politically neutral judiciary is paramount.

If magistrates wanting to use the suffix have any doubts of the propriety of the intended usage they should consult their local Advisory Committee. Advisory Committees who are unsure as to potential usage should consult with their MoJ liaison team.

Magistrates on the supplemental list

d) The above guidance will also apply to those magistrates on the supplemental list. (Magistrates on the supplemental list no longer sit in court but have very limited powers in certifying certain documents.)

Are there any forthcoming events about magistrates for the public, eg court open days?

If there is nothing listed for your area please go to HMCS CourtFinder to find your local court.

If you are organising an open day for your court please contact the national office with the details that you would like included, ie date and time, address, particular activities, contact information including an e-mail address if possible.

My son is in year 9, aged 13 and for some time has indicated that he is interested in law. I would like to take him into the public gallery of my court to show him what goes on but I am unsure about age restrictions. Can you advise?

Section 36 Children and Young Persons Act 1933 was amended by  section 73 Access to Justice Act 1999 as follows :

7391) In section 36 of the Children and Young Persons Act 1933 (child not to be present at criminal trial except where required as a witness or otherwise for the purposes of justice) after ‘justice’ insert or while the court consents to his presence’.

Accordingly it is now the case that any child can be in court with the agreement of the court