Court closures and remote hearings are leaving magistrates significantly out of pocket, according to a landmark report that criticises the expenses system for unpaid, volunteer members of the judiciary as being unfit for purpose.
Magistrates play a key role in the government's plans to tackle the court backlog. As well as a £1m campaign to recruit 4,000 extra magistrates, provisions granting them greater sentencing powers came into force this year.
However, the Magistrates’ Association, which represents 12,000 magistrates, says a failure to address problems identified in its latest report could affect recruitment and retention.
The association surveyed 1,400 members on the cost of volunteering. Nearly three-quarters of respondents said their role had created some level of financial cost to them. More than half of respondents were left more out of pocket this year than last year.
Travel costs for all respondents has increased over the last year. The rise was attributed to a change in claimable mileage rates for cars with larger engines, longer journey times from court closures, bench mergers and court work being relocated.
One respondent said: ‘The reduction of 13p a mile has resulted in an approximate £100 per annum loss to me, while motoring costs (such as fuel, insurance, servicing and maintenance) continue to increase.’
The process to claim expenses for childcare was deemed inflexible. The report says the expenses system does not cover the 230-mile round trip one woman's family has to make to look after her children while she volunteers.
Magistrates have also incurred huge IT costs to conduct remote sittings, which they cannot claim for, such as equipment and broadband.
Recommendations include a digital hardship fund, a flat-rate allowance for at-home sittings, and a working group on magistrates’ expenses.
Bev Higgs, national chair of the Magistrates’ Association, said it was unacceptable that magistrate volunteers are expected to financially subsidise a ‘vital function of public life’.
A spokesperson for the ministry said: ‘Magistrates’ vital work keeps justice moving which is why we recently increased their allowances and are investing over £1m to support the recruitment of new magistrates.’
The MoJ said the financial allowance cap has been increased by 16%, ‘particularly helping those in work or who need to claim childcare’ and the mileage allowance rates were aligned to make them consistent with the wider public sector.
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