Magistrate Interview Process

The Magistrate application and selection process involves two interviews (the first and second stage interviews).

In this article we explore some of the questions that might arise during each interview. We recommend that this article is read in conjunction with our Becoming a Magistrate page.

Interviews always take place in a public building, quite often a courthouse. The interview panel, which is normally 3 or 4 strong, consist of members of the local Lord Chancellor's Advisory Committee on Justices of the Peace. Some of these will be Magistrate members, others will be lay members.

The first and second stage interviews are often held on different days, but they can be concentrated into a single day if necessary.

Usually there are far more applicants than there are places, but assuming a person submits their application form in good time and completes it to a good standard there is a reasonable chance they will be invited for a first stage interview. Anyone who submits their application form late or with obvious errors or omissions will undoubtedly be rejected without an interview.

There seems to be a current drive towards asking for references before the first stage interview. Previous practice was to use the first stage interview to whittle down the number of applicants and only request references for those invited back for a second stage interview.

The Advisory Committee will normally invite three times as many applicants as there are vacancies to a first stage interview. Of those, somewhere between half and two thirds would progress to a second stage interview.

During each interview, the applicant will be asked the following good character and background question:

"Is there anything in your private or working life, or in your past, or to your knowledge in that of your family or close friends, which, if it became generally known, might bring you or the Magistracy into disrepute, or call into question your integrity, authority or standing as a Magistrate?"

As mentioned on our Becoming a Magistrate page an affirmative answer is not necessarily a bar to appointment, but would definitely be explored further at interview.

In the following sections, for the information of applicants, we have provided some examples of questions that might arise in each interview.

First Stage Interview:

The purpose of the first stage interview is to check an applicant's general suitability for the Magistracy, paying particular attention to the six key qualities:

• Good character;
• Understanding and communication;
• Social awareness;
• Maturity and sound temperament;
• Sound judgement;
• Commitment and reliability.

Applicants will not advance to a second stage interview unless they can demonstrate some evidence of each key quality.

The first stage interview is likely to begin with a review of the completed application form, which the applicant will be reminded of on their arrival at the interview venue. As the application form may have been completed some months earlier, this is also the ideal opportunity to check and update any personal details on the form.

The following sorts of questions are likely to arise at the first stage interview:

1. Why do you wish to serve as a Magistrate?

2. What do you know already about the role of a Magistrate?

3. What would be the advantages/disadvantages to you of being a Magistrate?

4. When you visited the Magistrates' Court, was there anything that caused you surprise/ disappointment?

5. Tell us about some of the cases you saw when you visited the Magistrates' Court.

6. What skills and qualities could you bring to the Magistracy?

7. What do you do in your spare time?

8. Tell us about your experiences of doing community/charity/voluntary work.

9. What crimes affect people the most where you live?

10. What factors cause people to commit crime?

11. What do your family/friends/employer think about your application to become a Magistrate?

12. If successful in your application, what sort of commitment could you offer to the Magistracy?

Applicants are reminded that the interview panel is looking for evidence of the six key qualities.

Second Stage Interview:

Having confirmed an applicant's general suitability for appointment as a Magistrate at the first stage interview, the second stage interview is designed to gauge their potential judicial aptitude.

Applicants will be provided with a copy of their completed application form to jog their memory.

The second stage interview contains a case study exercise and a ranking exercise.

• Case study exercise: Applicants will be given a case study about a fictional crime to consider. They will subsequently be questioned about the circumstances of the crime, including any aggravating/mitigating factors.
• Ranking exercise: Applicants will be given a list of about 10 fictitious crimes, from which they select the four most severe in their opinion. They will subsequently be questioned about their choices. Applicants aren't expected to know all the right answers, but will be expected to demonstrate sound logic for arriving at their particular choices. You can read more about the ranking exercise in our earlier article.

Applicants will then be given a series of interview questions to test their understanding of the two exercises and their general understanding of crime and the justice system.

These questions are likely to be along the lines of:

1. Explain how you chose the four most serious offences described in the ranking exercise.

2. Suppose [offence name] happened in the middle of the day when there are lots of members of the public about. How would that change your view of the offence?

3. Suppose [offence name] was committed by a person under the influence of alcohol or drugs. How would that change your view of the offence?

4. Suppose [offence name] was committed by a person who immediately admitted their guilt and showed remorse. How would that change your view of the offence?

5. What impact do you think [offence name] would have on the victim and why?

6. What is the purpose of sentencing offenders?

7. What are your views on whether cannabis should be legalised?

8. Suppose you are appointed as a Magistrate and a work colleague appears in court before you. How would you handle that situation?

9. Suppose you are appointed as a Magistrate and a work colleague challenges you over the way the court had dealt with a case. How would you handle that situation?

10. What do you know about the sentences available to the Magistrates' Court?

We hope you found this article useful and informative.

Best wishes and good luck to anyone applying to become a Magistrate.

Further Reading

We have covered the most important points of the interview process above, but there are several books exploring the subject in greater depth:

• How 2 Become A Magistrate: The Insider's Guide, by Richard McMunn.
• Magistrate Interview Questions and Answers: Sample Insider Tips for Passing the Magistrate First and Second Interview, by Richard McMunn.
• Wildy's Handbook for Magistrates, by Robert J. Allan and Pauline M. Callow.