AN ASPATRIA man jailed for 18 weeks after encouraging his dogs to rip apart a ferret. A Carlisle man banned from driving for 20 months after pleading guilty to drink-driving. A Carlisle woman who broke her court-imposed curfew fined £60.

These are just a few of the cases dealt with by magistrates in Cumbria this week.

The criminal justice system comprises crown courts and magistrates’ courts. Crown courts are where the most serious cases, such as murder, rape and robbery, are dealt with.

But the vast majority of criminal cases - about 90 per cent - are heard at magistrates’ courts. These include motoring offences, minor assaults, theft and TV licence evasion.

North and west Cumbria has two magistrates’ courts, in Carlisle and Workington. Both have plenty of crimes to deal with. What they need more of is magistrates.

There are currently 62. Nearly a month into a campaign to recruit 20 more, just five people have applied.

Chris Harris, a magistrate in Cumbria for 20 years, is helping to publicise the need for new blood.

He says: “Over the next couple of years a number of magistrates will be retiring. We need to replace them. In addition, we want to attract applications from a more diverse background.

“Cumbria has always been a problem in terms of recruiting magistrates. It’s the low population. And the lack of applications from younger people. There’s no gender issue in Cumbria - it’s pretty much 50-50 men and women. But we don’t get any applicants below the age of 30. Most are over 55. The average age is probably a bit more than that. That doesn’t represent the community that we serve.”

Traditionally, one problem has been the need for magistrates to have an employers’ permission to take time off work. This helps to explain why so many magistrates are retired.

“I would say to employers, there are definite transferable skills,” says Chris. “Working as part of a team, listening, concentrating, having to make a decision based on evidence. Those are all things that when I was an employer I was keen to see in staff.”

The role is unpaid, other than expenses, with loss of earnings payments possible for the self-employed. It’s scant financial reward for a big responsibility. Chris hopes more people will see the importance of helping to uphold justice. And if not enough come forward?

“In time, it will make justice more difficult to deliver for our communities.”

Marcia Reid Fotheringham has been a magistrate in Cumbria for 18 years, and is the former chair of North and West Cumbria Magistrates’ Bench. She is currently on a leave of absence as she spends a year as High Sheriff of Cumbria.

Marcia says: “When you think about what the magistrates’ system is, it’s a reflection of those who live in the community. It feels more like justice to have someone that’s more like a peer making the judgement.

“You understand the community because you come from the community. It also helps in understanding some of the issues. A road traffic accident: most of us know the roads of Cumbria. That helps when it comes to understanding what happened and what could have been an issue of concern.”

The principle of people’s innocence or guilt being determined by their peers is enshrined in the British justice system. At crown court, verdicts are decided by jurors chosen at random from the electoral register.

Marcia agrees that magistrates should be similarly representative of society. She would like to encourage applications from people who don’t necessarily fit the mould of the average local.

“It would be nice to engage people of difference. Not necessarily racially different. Things like sexual orientation, single mothers and fathers.

“Magistrates are older than the general population. Most are either retired or self-employed. They are better off financially than average.

“It’s hard for youngsters to get the ok from their employer. It’s very difficult if you’re being interviewed for a job to say ‘By the way, I want to be a magistrate’.

“Employers are not always supportive of anything that requires people to be given at least one day a month off, or half a day every couple of weeks.

“But it needn’t feel like a loss to an employer. There are huge gains for them. Because of training, magistrates are well aware of what’s going on in their given area. Sometimes they’re more aware of what’s going on in law so they can help employers in some ways.”

Marcia feels that the funding challenges across the justice system mean payment for magistrates is unlikely to happen. For those who can afford to do it, the motivation is not financial.

“I love working in my community. This is one of the most fantastic ways of doing it. It comes from my love of people. I think human beings are fascinating. The choices we make. Also, grappling with the law, and figuring out a way to improve things, whether for the victim or an offender. We don’t just throw people in jail.

“The biggest challenge is to clearly listen. You can hear three or four versions of the same event. The challenge is to work out which is most correct. Is there evidence to support one of those stories, or a combination of those stories? If there’s no evidence, you can’t find them guilty.”

Marcia says that extensive training and legal advice helps, as does the fact that magistrates work in threes.

“At the start most people are appropriately nervous. It’s a big responsibility. When we retire to consider a verdict, it’s rarely two to one. When you think about the black and whiteness of the evidence, it’s either there or not there. It’s generally unanimous.

“The question then, if they’re guilty, is the sentence. That is something that generates debate. It’s not automatically saying ‘They’ve crossed the custody threshold so they’re going to jail.’ It’s a big responsibility. But a good responsibility.”

Marcia thinks that her background as a clinical psychologist helps her to avoid feeling burdened by the responsibility. “I have learned through the years to put my energy into thinking about a case at the time. It’s rare for me to bring my work home.”

For anyone considering applying to be a magistrate, she advises: “I would say, think hard. Talk to your family, but remember it’s your decision. Learn more about it. Talk to magistrates. Know it will have ups and downs like any job.”

* Application forms are available at www.gov.uk/become-magistrate. The closing date is August 31.