The part played by lay magistrates in the judicial system of England and Wales can be traced back to the year 1195. In that year Richard I commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King for ensuring that the law was upheld; they preserved the 'King's Peace' and were known as Keepers of the Peace. The title Justices of the Peace derives from 1361, in the reign of Edward III. An Act in 1327 had referred to 'good and lawful' men to be appointed in every county to 'guard the peace'. Justices of the Peace still retain the power to bind over unruly persons to be of good behaviour. The bind over is not a punishment but a preventive measure, intended to ensure that people thought likely to offend will not do so.Before 1835, justices in towns were appointed in accordance with rights granted by charter. The Municipal Corporations Act 1835 provided for them to be nominated by the Lord Chancellor for the boroughs in consultation with local advisers, while, for the county benches, he continued to confirm the nomination of the Lord Lieutenants, who had their own methods for finding suitable candidates. The appointment of both was vested in the Crown acting on the Lord Chancellor's advice. The exception to the rule was Lancashire, where both county and borough magistrates were nominated by the Chancellor of the Duchy. Who Can Become a Magistrate? Magistrates must be of good character have personal integrity have sound common sense have the ability to weigh evidence and reach reasoned decisions live or work in the area have good local knowledge and understanding of the local community be able to work as a member of a team be firm yet compassionate. Who Cannot Become a Magistrate? Almost anyone can apply but the following will not be appointed: anyone who is not of good character and personal standing an undischarged bankrupt a serving member of Her Majesty's Forces a member of a police force a traffic warden or any other occupation which might be seen to conflict with the role of a magistrate a close relative of a person who is already a magistrate on the same bench anyone who, because of a disability, cannot carry out all the duties of a magistrate. The retirement age for magistrates is 70 (JP Act 1997, s.7(2)'). The Lord Chancellor will not generally appoint a candidate under the age of 27 or over the age of 65. The Lord Chancellor has temporarily suspended the requirement that benches should be balanced in terms of age. He is of the view that his policy on age will make it easier for Advisory committees to find more candidates with the appropriate social and political backgrounds and so achieve a more balanced bench.t is important that there are not too many magistrates on the bench from the same clubs or organisations. Candidates for the magistracy are specifically asked on the new application form if they are freemasons. If a candidate has completed the old form, they should be asked at interview if they are freemasons. Those recommended for appointment will be required to inform the chairman of the bench or the clerk to the justices if they subsequently become a freemason. Where to Apply The local Advisory committees who advise the Lord Chancellor (or in the case of areas of Lancashire, Greater Manchester and Merseyside, the Chancellor of the Duchy of Lancaster) on the appointment of magistrates in England and Wales welcome applications from people in all walks of life who have the qualities and the time to serve as magistrates.
