Our Magistracy

A rare insight and celebration of the magistracy, Our Magistracy sets out its core role and values and identifies mistakes by politicians, administrators, bureaucrats and others. By a former chairman of the Magistrates Association of England and Wales. In this thoroughly informed account of the magistracy the author deals with key issues touching on that institution. Focussing on what Lord Bingham, Lord Chief Justice, described as a ‘democratic jewel beyond price’, he explains its rationale, goals and over-riding values. Dealing with major developments, economics, management, day-to-day practicalities and changing times the author casts an experienced eye over summary justice, law and order and its fascinating history of local administration. Describing the magistracy as a great national institution, independent, respected and a true people’s court, John Hosking nevertheless decries a halving of its size, closure of courthouses, remote services and increasing reliance on professional judges rather than community volunteers. Though much has changed for the better to increase competency, meet criticism and maintain integrity, the book explains how other developments have challenged the very status of the lay magistracy and made inroads into one of the most cherished principles of our democracy: public participation in the justice system. Extracts ‘It … ill-behoves politicians and reformers to support actions which may be designed to improve the justice system as a whole, but which devalue the magistracy in the process. Likewise, the sustainability of the magistracy can only be assured if the popular demands of the present … are met without compromising the future of the whole institution.’ ‘In addition to its unquestioned integrity and independence, the most persuasive reason for having a lay magistracy is that … it manifestly does a good job at a very low cost.’

A rare insight and celebration of the magistracy, Our Magistracy sets out its core role and values and identifies mistakes by politicians, administrators, bureaucrats and others. By a former chairman of the Magistrates Association of England and Wales.

This bench book is intended as a quick reference book for Magistrates in Botswana. It discusses general principles of law relevant to the work of Magistrates in Botswana. It covers wide ranging topics relevant to the work of Magistrates such as: judicial independence, impartiality, jurisdiction, judicial case management, the legal system, conduct of court matters, key concepts of the law of evidence, fact finding and court hearings.The book is rich with critical advice to Magistrates. In particular it emphasizes that a Magistrate shall uphold the integrity and independence of the Judiciary, avoid impropriety and the appearance of impropriety in all of the activities of the Magistrate's activities. Although the book is primarily intended as a critical resource for Magistrates in Botswana, all judicial officers and lawyers in Botswana and other Commonwealth countries may find it useful. The book is set to have a profound impact on how Magistrates apply their judicial skills in the resolution of disputes. In addition to the above, it will be indispensable for training purposes.

When Trevor Grove was called up for Jury service he became so intrigued with the justice system that he wrote a successful book about it - The Juryman's Tale. Now he's joined the magistracy and gives a fascinating, funny and insightful account of just how the magistracy works at a time of great change. Lay magistrates deal with more than 95 per cent of all criminal cases in England and Wales, yet they are all volunteers, drawn from local communities, with no legal training or special qualifications, and are not paid a penny for what they do. Astonishingly little is known about what it is like to serve as a magistrate. (Each year 5,000 people apply to become magistrates; only 25 per cent are successful.) This book is the first for many years to shed light on the experience. Interweaving his own personal experience of becoming a magistrate in north London with general observations, relevant interviews and a little history, Trevor Grove takes us on a fascinating journey into this extraordinary and unique institution. He has visited courts all over the country to talk to magistrates and observe how crimes and criminals differ from region to region, and how the 'benches' dealing with them differ too. He has visited jails and Young Offenders' Institutions and he has interviewed all of the principal players, from the Lord Chief Justice and Home Secretary, to more integral characters such as justices' clerks, ushers, probation officers, local police and offenders. His journey uncovers a remarkable act of national faith in the good sense of ordinary people, which says a great deal more about the strength and health of our democracy than is sufficiently appreciated.