Magistrates’ courts handle roughly 92% of criminal cases, and the upcoming Courts and Tribunals Bill could push that share even higher. To see how volunteers cope with growing demands, a courts editor spent several days shadowing two long-standing magistrates.
Inside a modern magistrates’ courtroom
On the first day, Sarah Clarke, a presiding justice since 2004, sat in a bright, high-ceilinged courtroom that usually hosts youth cases. That morning she heard applications for stalking prevention orders, assault pleas and a range of minor offences. After the session, she and the reporter shared a lunch bought from the court’s café in a spacious training room.
Clarke, who runs her own business, said she was drawn to the bench by her aunt and the desire for an intellectually-stimulating role that combined her background in research, psychology and counselling. “It seemed quite an interesting thing to do,” she recalled, adding that the magistracy fit around her family commitments.
On the second day, the editor followed David Ford, a magistrate since 1994 and national chair of the Magistrates’ Association, in a similar courtroom that featured the largest public gallery the reporter had ever seen. Ford’s court also accommodated an aspiring magistrate’s family, highlighting the community aspect of the bench.
Ford described his own path as inspired by his grandfather, a former magistrate at Cardiff.
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Recruitment surge and looming challenges
The government’s push to expand the magistracy has led to the appointment of more than 1,600 magistrates in 2025/26, with 655 added in the first quarter. This means an additional 2,312 magistrates. The net increase, however, is ‘just over 600′, according to the Magistrates’ Association. At the current rate of recruitment, the association says, it will take 9.2 years to reach the government’s 21,000 target.
Both Clarke and Ford said the influx of volunteers is welcome but will test the system. ‘The worry people have is where the work is going to be,’ he says. The increase in magistrate numbers must be accompanied by wider change. ‘We have got more opportunity to see more cases [and] more types of cases with longer sentencing powers. We can help the Crown court backlog. We also know if we deal with the backlog, the remand list is going to get bigger.’
The volunteer nature of magistrates means the justice system leans heavily on ordinary citizens willing to balance other careers with courtroom duties, a model that can build public confidence but also risks burnout without adequate support.
Clarke noted that safety concerns occasionally arise, though her familiarity with the courts reduces the frequency. She emphasized clear communication with defendants, explaining procedures and checking understanding to de-escalate tension.
Ford greeted each defendant with a courteous “good morning” or “good afternoon,” stressing the need for fairness and consistency regardless of legal representation. He said the training provided by the Judicial College, including mentorship for up to 18 months, equips volunteers to manage the emotional weight of difficult cases.
While the magistrates’ association celebrates the recruitment surge after years of decline, both judges agreed that without parallel investment in legal advisers, probation services and legal aid, the expanded responsibilities could strain the system.
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During the shadowing period, the reporter observed a range of defendants—from an 18-year-old caregiver to a 71-year-old widower—some appearing for the first time after a single-justice procedure. Ushers handed out tissues to those who became emotional, illustrating the human side of the courtroom.
Training and support for magistrates
Prospective volunteers undergo a series of court visits, an assessment and an interview before being accepted.
Once approved, they begin a structured programme delivered by the Judicial College, which includes observation periods, practical days alongside a mentor, and a consolidation phase before they are formally signed off.
After this mentorship, magistrates attend regular refresher sessions to stay current with legal developments, procedural changes and best-practice techniques for handling vulnerable defendants.
Challenges beyond the bench
Financial and administrative burdens also affect volunteer participation. Claiming expenses involves a complex set of procedures that many judges find onerous, and the lack of formal recognition can diminish morale. It is not only new magistrates that need to be recruited. Although magistrates make the final decision, the lay bench is always assisted by a legal adviser. Ford points out that legal advisers are retiring, quitting or moving to roles which pay more. It is a drain that will need to be plugged.
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