Justice of the Peace

(JP)

   The 30,000 or so Justices of the Peace are appointed by the Crown on the advice of the Lord Chancellor who himself is advised by a local advisory committee. Appointees are lay people, normally with a record of public service. Their work is unpaid and as magistrates courts usually sit in the morning, much use has been made of retired persons; men and women are equally liable to be appointed. In the past there were a few stipendiary (paid, full-time) magistrates who handled cases in the larger towns and cities, but since 2000 they have been renamed as district judges (magistrates’ courts).

   Magistrates’ courts form the bottom of the judicial hierarchy, but JPs presiding over them handle many cases from start to finish. For many people who have committed offences, particularly those associated with motoring, they are the only point of contact between citizens and the criminal justice system. They have their supporters who see lay participation as a reinforcement of the idea that the prevention of crime and the application of punishment should involve the whole community. JPs are seen as more reflective of the general values of the community than legal professionals. Moreover, the system is much cheaper than the alternative of employing professional judges.

   On the other hand, critics allege that far from reflecting community values, JPs reinforce concerns about the builtin bias of the judicial system which is in the hands of people whose background and status make them out of touch with the social composition and attitudes of the bulk of British people. They tend to be elderly, white and middle class and to under-represent the young, manual workers and members of ethnic minorities. Moreover, JPs lack personal expertise and are often alleged to be too reliant on police evidence and the advice of their trained clerks.