Our Magistracy

Book excerpt: 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.’