The creation of the County Palatine in 1351 gave the Duke of Lancaster the right to appoint magistrates within the Duchy.

This long tradition came to an end on 31 March 2005 under the Courts Act 2003.  Prior to this, the Chancellor of the Duchy of Lancaster had the authority, on behalf of The Queen, to appoint magistrates in Lancashire, Greater Manchester and Merseyside. Responsiblity for the appointment of magistrates throughout England and Wales is now the responsibility of the Department for Constitutional Affairs, under the Lord Chancellor.

At 31 March 2005, there were some 4,000 magistrates serving the 25 Magistrates' Courts in the Duchy area. The role of a magistrate (also known as Justice of the Peace or JP) is voluntary and unpaid, although some expenses may be refunded. Magistrates are required to sit for a minimum of 26 half-day sittings per year, and must be under the age of 65 to be considered for appointment.

The Chancellor of the Duchy of Lancaster had 17 Advisory Committees, consisting of magistrate members and non-magistrate members (the latter forming a third of the Committee). They are responsible for recruiting and interviewing candidates, and recommending those found suitable for appointment as magistrates. Around 250-300 new magistrates have been appointed each year.

Individuals interested in applying to become a magistrate can obtain an application form by accessing the DCA website at: www.dca.gov.uk