In magistrates’ courts across England and Wales, lay justices (magistrates who are not legally qualified), deal with the overwhelming majority of criminal cases. Magistrates’ courts handle approximately 90-95% of all criminal cases in England and Wales.
To ensure proceedings are conducted lawfully, fairly and efficiently, lay justices are supported by justices’ legal advisers (also known as court legal advisers).
Court Legal advisers are qualified lawyers, either solicitors or barristers, who provide expert assistance to the court on all matters of procedure, evidence and sentencing law.
Alternative job titles for a Court Legal advisers include Court clerk or assistant to justices’ clerk.
Statutory Basis: Section 28 of the Courts Act 2003
The fundamental legal framework for the role is provided by Section 28 of the Courts Act 2003 (Function of giving legal advice to justices of the peace).
Under Section 28(1), the Lady Chief Justice may authorise a person:
- (a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including when the adviser is not personally attending on them; and
- (b) to bring to the attention of justices of the peace any point of law (including procedure and practice) that is or may be relevant.
Authorisation is limited to suitably qualified court staff and carries statutory protection of independence.
Core Duties in Criminal and Youth Courts
In criminal and youth courts consisting of lay justices, the detailed duties of justices’ legal advisers are set out in Rule 2.12 of the Criminal Procedure Rules 2025.
A justices’ legal adviser must provide the court with any legal advice it needs (whether or not the court asks for it), including advice on:
- questions of law and mixed questions of law and fact
- matters of practice and procedure
- relevant judicial decisions that bind the court
- the process to be followed to reach a decision
- the law relating to sentencing
- the range of penalties and orders available, taking into account any applicable sentencing guidelines
- any other matter relevant to the case
(5) In performing the functions for which these Rules provide a justices’ legal adviser―
(a) must avoid the appearance of advocacy for a party;
(b) must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and
(c) may consult with other justices’ legal advisers.
Rule 2.12 (5) of the Criminal Procedure Rules 2025
Key requirements include:
- Allowing parties an opportunity to make representations on the advice given
- Being permitted to ask questions of parties or witnesses to clarify evidence
- Assisting the court in drafting and recording reasons for its decisions
- Supporting unrepresented defendants
- Maintaining strict impartiality at all times
(3) To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―
(a) if necessary, attend the members of the court outside the courtroom; and
(b) in that event, inform the parties, if present, of any such advice given there.
Rule 2.12 (3) of the Criminal Procedure Rules 2025
Advisers may not announce verdicts, sentences, or allocation/sending decisions.
Role Beyond Criminal Courts
While their primary and most extensive work is in criminal courts, justices’ legal advisers also support lay justices in family proceedings (under Family Procedure Rules Practice Direction 2C) and certain civil matters in magistrates’ courts.
However, the criminal jurisdiction remains the largest part of their caseload.
Skills and knowledge
As a Courts Legal Advisor , you’ll need:
- legal knowledge including court procedures and government regulations
- to be thorough and pay attention to detail
- persistence and determination
- analytical thinking skills
- excellent verbal communication skills
- the ability to think clearly using logic and reasoning
- concentration skills
- the ability to learn through your work
- to be able to use a computer and the main software packages confidently
Qualifications and Employment
Justices’ legal advisers are employed by His Majesty’s Courts and Tribunals Service (HMCTS). Entry typically requires completion of the academic stage of solicitor or barrister qualification. Candidates may join through the two-year HMCTS trainee legal adviser programme or by direct application if already fully qualified.
Starting salaries are around £32,000, rising to £53,000 or more with experience. The role demands excellent legal knowledge, strong analytical skills, clear communication, attention to detail and the ability to remain calm and impartial under pressure.
Career path and progression
After qualifying, you’ll become as a Tier 1 legal adviser. With more experience, you can move on to be a Tier 2 adviser, working on more complex cases and with more responsibility. For instance, reviewing casework and mentoring trainees.
As your career as a legal advisor develops, and with further training, you can move up in stages to become:
- a legal adviser team manager in a court
- an area or regional manager
- a justices’ clerk, if you have over 5 years’ experience
- a barrister, crown prosecutor or judge
Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, Magistrates, Chief Magistrate, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ?, Crown Prosecution Service, Director of Public Prosecutions (DPP) and the highly dubious Sussex Family Justice Board.
The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.
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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).
There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.
[post_title] was last updated on the 9th June 2026
