I was my college topper for five years. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. Change), You are commenting using your Twitter account. Video, Record numbers of guide dog volunteers after BBC story, Magistrates' court: Prosecuting cases from Spice to knife crime, 'Exhausting' - a day in the life of a duty defence lawyer, made by criminal solicitor Katy Hanson, that while there are flaws in the system, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, Bieber cancels remaining Justice world tour dates, China and Belarus call for peace in Ukraine, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. Balanced view - a bench of three Magistrates provides a balanced view; Cost - they are volunteers and therefore relatively cheap, though do take longer to make decisions than professional judges; Disadvantages. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. As always you can unsubscribe at any time. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. Show What do I need to be eligible for this role? Copyright Get Revising 2023 all rights reserved. The person must pass the test administered by the judicial service. We may request cookies to be set on your device. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. Mains examination is a subjective paper. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. All the interviewees were asked about the job satisfaction of being a magistrate. Due to this reason, it is rightly said that a law degree can open the door to a wide range of careers that other degrees may not. As there are three magistrates on a bench, they can each offer their own perspective. Everything is going well. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. The jury system uses a specific group size to help reduce bias. Many others are rapidly approaching the compulsory retirement age of 70 which the House of Commons Justice Committee says could leave significant gaps in the role, unless recruitment improves. Click on the different category headings to find out more. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. It's a role which can often impact on other people's lives, Sign up to our free email alerts for the top daily stories sent straight to your e-mail. Copyright Get Revising 2023 all rights reserved. You will have enough time to balance your personal and professional life. As the UPSC exams are conducted for the whole country, in the same way, AIJS will be conducted for the judges on the central level. "It affects me but it doesn't affect my decisions. A Gannett Company. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Please report any comments that break our rules. They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. Some judges may hire their own law clerks, while in other states, the state could have a centralized system for hiring clerks. As of April this year there were 1,059 magistrates in Wales. Your email address will not be published. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Employers are obliged by law to allow time off work for magistrates to perform their duties (see below), but it is at their discretion whether this is paid or unpaid leave. contact IPSO here, 2001-2023. There are certain advantages and disadvantages to using lay magistrates. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Inconsistent-May forget sentences due to working only 13 days a year. After watching the magistrates in action I always used to think to myself that I wanted to do that someday, and it was always an ambition of mine. * Employers are obliged to give magistrates time off work under the Employment Rights Act 1996, and if they choose not to pay them the state will refund their earnings. There are many benefits to employers supporting their staff to be magistrates. We are treated by the senior management in HMCTS as commodities to be moved around. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. I felt that I had been called upon to truly serve the community. EXECUTIVE SUMMARY OF BENEFITS . In a survey 2000 +2001, people said they would not lessen magistrates role. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? State trial court judges sometimes also have law clerks. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Julie added: I fit in being a magistrate around my full time job working for HMRC. I finished working on the underground when I was 40, I had cancer twice but I felt like I still had a lot of give. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. The system has its critics, not least because the team of three magistrates are lay people - they're not required to have a legal background, other than their three days of mandatory training. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. This exam is conducted state-wise. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. If you have a complaint about the editorial content which relates to "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. HP10 9TY. Since these providers may collect personal data like your IP address we allow you to block them here. It is a sitting job, and youll be doing the same work every day. "Even if they're repeated offences, you still have to look through each offence, and we have to think 'how can we help them', rather than putting them through some sausage machine. Find out about how being a magistrate can benefit you as an employee. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. A person appointed as a judge of the Supreme Court must be a citizen of India and possess a degree of Law from a recognised university. Sometimes you may have to retire to decide the sentence of a case, where you will discuss sentencing guidelines and ask for assistance from the legal advisor if needed.. After leaving the police force I went into retail for around 10 years. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. My family were in attendance and smiled proudly as I completed my lines. In doing so they both give back to the community in a valuable way and invest in staff development. The Magistrate's broad conclusion that, for the purposes of service of process, all Scientology organizations may be treated as "agents" of Mr. Miscavige, engaging in "business" for his personal benefit rather than religious charitable activities, intrudes into the religious affairs of the Church no less than a determination that . Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. The person must pass the state judicial service test. I started sitting in Wigan in 1996. Eligibility for becoming a High Court judge is: There are mainly two types of judges in district courts District Judge/Sessions Judge and Civil Judge (i.e., the magistrate). Registered in England & Wales | 01676637 |. At the crash site of 'no hope' - BBC reporter in Greece. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. contact the editor here. 51% are women, 8% are ethnic minorities. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. Live in local area as they know local news. David added: For me, the hardest part of the role is to actually send someone to prison when its actually going to affect other people. Magistrates felt that if they were using their leisure or work time, they did not want to waste that time, or sit too often on dull cases. Change), You are commenting using your Facebook account. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. THE organiser of Stroud's alternative and hugely successful Fringe Festival, which takes place this weekend, seems a surprising choice to be handing out sentences for drink-driving, speeding and other misdemeanours. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. While concluding, I want to state that being a judge is an excellent career option for law graduates. I put to her the point made by criminal solicitor Katy Hanson, that while there are flaws in the system, it's preferable to digitally entering a crime and plea and waiting for a computer to decide your fate. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Something went wrong, please try again later. Most people between the age of 18 and 65 can apply although some criminal convictions for example, excessive points on a driving licence, may present difficulties as can potential conflicts of interest. 2023 BBC. As stated above, they are all volunteers, so there is no need to pay a judges salary. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. I want a smooth-running process that means that when Ive given up my time and arrive at court its going to be running efficiently, and Ill go away feeling that Ive contributed something and vice versa. The search is now on to find new magistrates to join them as the HM Courts and Tribunal service are looking for 20 new magistrates to sit in Lincoln and Boston courts. An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates, Lay magistrates advantages and disadvantages, Advantages and Disadvantages of Lay people, Advantages & Disadvantages of Magistrates, Advantages and Disadvantages of Trial in the Crown Court, See all The Criminal courts and lay people resources , AQA Law Unit 1 Predictions (17th May PM) , Unofficial mark scheme for aqa as law unit 1 , AQA Law Unit 1 (FRI 23/05/14) - Exam Revision , AQA Law - Friday 23rd June 2014 Unit 1 Exam , Cost-Magistrates are unpaid, but judges earn 90,000. The amount of time an employee is permitted to take and the circumstances in which this time is taken must be considered by the employer to be reasonable with regard to. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. They are an integral part of the justice system and as such need to be nurtured and supported. Please be aware that this might heavily reduce the functionality and appearance of our site. Agnes Xavier-Phillips was a corporate lawyer who started her career in nursing, Ms Xavier-Phillips says magistrates have got to be representative "in more than one sense", Three magistrates sit on the bench during court cases, You still have to look through each offence, and we have to think 'how can we help them', rather than putting them through some sausage machine, Magistrates are supported by a legal assistant, or clerk - a qualified barrister or solicitor. There can be threats if the decision by a judge is not favourable for a party or section of people. The manager threatened the magistrate with a disciplinary process. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. Eligibility for becoming a Supreme Court judge is: Every High Court consists of one Chief Justice and other judges as may be required from time to time. Also, the training given to every magistrate can be expensive. Must See: How to Write the Best Answer in Judiciary Mains Exam. We will also look more closely at the magistrates themselves and consider the benefits they bring. R v Birmingham Magistrates ex parte Ahmed. Show What attributes does a magistrate need to have? In conclusion there are many advantages and disadvantages of both magistrates and juries, which are that there is public confidence, fair results without being bias and juries represent the public as a whole, this means that they are a fundamental part of a democratic society. "Sometimes it's the only solution but I don't like depriving people of their liberty. Const., Art. Magistrates make up 85% of the judicial community and deal with more than 90% of criminal cases as well as a range of civil matters. It is a job with a high level of responsibility and is a very reputed position. More available than judges as no training is required. Read about our approach to external linking. Here, she talks about why it's so rewarding, and why it's a shame the numbers are falling: "I swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill will. A power that can protect people. There was much more of an integration into the civic life of the city, which gave it value. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". Term clerks often serve in the position for 1 to 3 years. The primary difference between a judicial magistrate and an executive magistrate is that a judicial magistrate can handle all the cases and grant punishment for up to 3 years. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Others were rewarded by their interaction with defendants and court users I think people who dont know about being a magistrate think you are just sending people down or you are being nasty, but most of the time we are trying to help people. Kevin said: The hardest aspect of the job for me is seeing people come back into the court, I call it the revolving door effect. "One of the satisfying things is you get the sense that the defendant feels that they've been dealt with fairly.That might mean they are going to prison and it might mean something else but they can feel that they've been given a fair hearing. Paul v DPP- kerb crawling. What are Magistrates? The primaryresponsibilityof a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. Required fields are marked *. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. 806 8067 22 Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Ministry of Justice: Who can be a magistrate? Magistrate Roger Sanders. 7. Sign up for our free five-star course here! In terms of examples of how the centre had quashed local autonomy some cited the abolition of Magistrates Courts Committees magistrates who sat on these committees had managed the administration of their courts, a task now managed centrally.
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