"Trying to put something through an algorithm won't work," she said. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. Local Knowledge-Speeds up court proceedings. He or she must be of age group between 21 to 35 years (age differs from state to state). 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. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. Those who had sat for many years felt their relationship with the court service had declined considerably. David Milner Scudder first sat as a magistrate in Peterborough. The other two are called wingers. That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. 'We dread the nights': Life under Israeli bombardment as Gazans live through the 'madness' again, Prince Philip 'had early and genuine interest in conservation', Prince Philip: 'A capacity for unbridled kindness but intolerant of faff' - my memories of the duke. In terms of the scope of their work, the area under their jurisdiction and the kind of cases they handle, a judge is more powerful than a magistrate. Copyright Get Revising 2023 all rights reserved. Copyright Get Revising 2023 all rights reserved. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. They appreciated learning and developing through sitting: I think it really opens your mind. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. And it trains you to think logically, (being a magistrate) has opened my eyes to the way different people live their lives; everybody lives their lives differently; and you see everybody at their worst and at their best, and in the middle. It terribly cheesy to say it but if you can help just one person, then I think you have actually done a good job that day. These are the essential duties of a judge: Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: The executive magistrate is the district magistrate of a particular area. Being a magistrate is a voluntary role, but you can claim expenses. They knew what they could get you to do and not to do. As being said that they handle very limited types of cases, these types include (but can vary from state to state): Child Support, Alimony, custody issues, family issues, family property use. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. Check out our bar exam courses here they are on sale for a limited time! Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. It is a sitting job, and youll be doing the same work every day. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. One day he came in for his review and he had brought in some paper with him. 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. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. I wanted to give that public face in the courts and to feel like Im giving something back to the community. You can serve the nation by becoming a judge. Term clerks often serve in the position for 1 to 3 years. Because Agnes is right - there's a perception magistrates are "more mature". In addition, a disadvantage is that the lay magistrates are. How to Study and Prepare for Judiciary Exam 3. They just give you a slot and stick you in there, it doesnt matter if you do the same court for umpteen weeks, as long as that slot is filled then their duty has been completed. 51% are women, 8% are ethnic minorities. Please report any comments that break our rules. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. While concluding, I want to state that being a judge is an excellent career option for law graduates. I was my college topper for five years. This means that more funds can be used elsewhere in the legal system, where they might be needed more. Your email address will not be published. It gives the young generation a wide range of opportunities to get involved in this system and contribute to the best possible service to the country. R v Birmingham Magistrates ex parte Ahmed. 4) They have a legal adviser to educate them with the current law In this blog post, we will be considering the advantages of the magistrates courts and how they help the justice system in England and Wales to work smoothly. Ministry of Justice: Who can be a magistrate? One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. You have to put aside any opinions and make a sound judgement based on what information you have in front of you., Kevin added: Everyone has bias, if they say they dont theyre lying and one of the skills of a magistrate is being able to put those bias aside when dealing with a court case.. Inconsistent-May forget sentences due to working only 13 days a year. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. You can check these in your browser security settings. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. let out on strict conditions - for example to keep away from named places or people . Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. For at least seven years, the person must be an advocate. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. However, it doesnt make it any less hard if they are independent. NCAOC PROJECTS THAT INVOLVE THE RESPONSIBILITY OF MAGISTRATES Project Description of Project Benefits Magistrate Video Project (MVP) The Magistrate Video Project (MVP) provides software and . I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. Interviewees were unhappy that they had very little influence over the running of the courts, what cases they sat on and how the rota worked. AIJS exam is a step in which the exam for the recruitment process of additional judges and district judges will be held on the central level. Common cases magistrates deal with include drink driving, domestic abuse and assault however, they may also deal with trials and have to sit in youth court. Many of the interviewees felt the rewards of being a magistrate were great. These adverts enable local businesses to get in front of their target audience the local community. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! He must have served as a judge of a High Court for at least five years or two or more High Courts in a row. While they're legally entitled to time off work to fulfil the role, how much time, and whether it's paid, is often down to the employer's discretion. This was particularly heartfelt in the Welsh focus group, what you have is a civil service approach, imposed from Englandin an office in London looking at a map saying why on Earth are there loads of courts next to each other? No understanding whatsoever of the topographic, the tribal differences between those valleys and communities or the difficulty in getting from one of those areas to the next because they are valleys areas. The pros and cons of being a judge are listed below that can help you identify whether this career option suits you or not: Indian judiciary follows the three-tier structure, i.e., the union judiciary (Supreme Court), state judiciary (High Courts and courts subordinate to it), and subordinate judiciary (District Courts). We need 2 cookies to store this setting. "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. We may request cookies to be set on your device. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. But this will always prompt you to accept/refuse cookies when revisiting our site. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! 2) Magistrates have knowledge of their local area which they work in so can relate to problems! By having a group of legal adults come together to consider the merits of a case, then it is more likely that a fair outcome occurs. Still, on the other hand, this profession requires a lot of hard work and dedication, from preparing for the judicial examination to becoming a judge. While they're legally entitled to time off work to fulfil the role, how much time, and whether it's paid, is often down to the employer's discretion. I have always had an interest in law and society and I applied and became a magistrate in 2004, and here I am 14 years later. Will I get time off work to sit as a magistrate? I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. Ironically, Roger's least favourite aspect of the job is sending people to jail. Advantages. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. DeSantis won't say he's running. ", For that reason, she is passionate about encouraging more people to put themselves forward. There are two categories of judicial service exams, and the eligibility criteria for both are different. That feels good., Magistrates were passionate about their role but many had concerns about how they were treated and the way the courts were being managed, The rate of change is probably too fast so that people feel undervalued.There isnt a chance to really feel that people are having a contribution in terms of collaboration, in terms of making suggestions as to how things might change; it is all being done to us rather than us being part of those decisions. Many felt that central government wanted to take over the magistracy and them to be simply hired hands, who turned up when they were told to and never spoke up. Most judges have at least one attorney on their staff who helps the judge conduct legal research, prepare for hearings and trials and draft written opinions. Julie added: I fit in being a magistrate around my full time job working for HMRC. I think its a wonderful thing. (LogOut/ I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. Magistrates tend to be middle aged. Again, these will initially be heard by a bench before a decision is made. And I think that value has certainly been eroded. 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. 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You can also change some of your preferences. We also use different external services like Google Webfonts, Google Maps, and external Video providers. This website uses cookies to improve your experience. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. A power that can protect people. More available than judges as no training is required. 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. In addition, magistrates are a relatively cheap option for the legal system compared to judges. The Best Part about the Uniform Bar Exam? Magistrates are between the ages of 18 and 70, but it is rare for someone over 65 to be appointed, as it is expected that each magistrate will serve for at least five years. Find out more about the role here and how to apply here. A woman described a day in court, which she had taken off work : today I sat at X and spent most of the time doing nothing, because of the administration of the courts. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. This website and associated newspapers adhere to the Independent Press Standards Organisation's VideoRecord numbers of guide dog volunteers after BBC story. contact the editor here. 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. Candidates called for interviews are three times the number of vacancies available. "We are really there as adjudicators, to look at both sides of the argument," he said. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. She said: Being a magistrate fits in really well with my full time career. The appointment of judges depends upon the vacancies available. R v Bingham ex parte Jowitt 1974. We will also look more closely at the magistrates themselves and consider the benefits they bring. This provides a more balanced view of the situation and should make things fairer for the defendant. Editors' Code of Practice. "Usually it's done as a last resort," he said. Thats why I think a lot of magistrates have left. "We need to dispel this myth that it's only for retired people.". Want help proofreading your work? "I find it really rewarding.". In March 2018, I startedWritingLaw.com. Because most of us live in our world. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. 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.. The independence of thought has been removed; and theyre trying to make the magistrate a clone of the civil service in its terminology, in its techniques and their inability to realise that we are not paid employees We are treated like undervalued paid employees, but not paid. 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. Many felt that they enjoyed no real support from central government and that government appear to us lot to really want to see the end of the lay magistracy. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Benefits and Allowances of a Judge Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: House rent allowance Travel allowance Electricity bill Phone bill Vehicle maintenance Pension after retirement Executive Magistrate vs Judicial Magistrate That feels good." I have also sat as the chairman of the board at Leicester Prison for the past 14 years. In doing so they both give back to the community in a valuable way and invest in staff development. Career clerks often continue working for the judge for an undisclosed period of time. Everything is going well. Having stopped full time work four years ago at the age of 60, she was in a position to take on the unpaid role of a JP - a justice of the peace. Any seat of a high position carries risk. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. 806 8067 22 At 11 o-clock I was shopping because we were sent home. Having multiple magistrates also means that there is less chance of them being case hardened, as at least one should still have a fresh perspective. Of course, magistrates are not entirely free there are still some costs associated with them. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. For Roger, the most satisfying aspect of the job is making sure everyone gets a fair hearing. For me its a way of doing something that actually benefits people, its a way of giving back to the community. They are an integral part of the justice system and as such need to be nurtured and supported. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. 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. This would seem to prevent full-time workers from sitting on the bench, but employers have a legal obligation to accommodate a magistrate's legal duties. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. Have your say in our poll, A horse rider has sparked a debate by asking drivers to be more considerate, He sits on the Lord Chancellor's Advisory Committee for Lincolnshire, He is also vice chairman for the Deepings raft race, Other charities he helps include the East Anglia Air Ambulance and Deepings Age Concern, He has served as a magistrate for 19 years, Previously he was director of the London Underground, He is currently chair of the board at Leicester prison, He was chief magistrate for South Lincolnshire for three years, Then he was chief magistrate for the whole of Lincolnshire for another three years, He took on a national role and was Midlands regional chairman for five years. They are appointed by the President on the advice of the Judicial Service Commission. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Mains examination is a subjective paper. A more balanced view of the 51 magistrates from BAME backgrounds are in north Wales for! Some civil matters and full training is provided prompt you to accept/refuse cookies revisiting... Must go through a selection process, which includes rigorous screening details below or click an icon log... Courses here they are an integral part of the interviewees felt the rewards of being a magistrate my! Be needed to cover the roles that magistrates fill we are excited to announce our... There were 1,059 magistrates in Wales between 21 to 35 years ( age differs from state state. # x27 ; middle-class and middle-minded. & # x27 ; middle-class and middle-minded. & # ;... For 26 years and Im as enthusiastic as the first day I sat out on strict -... Work as well as an increased understanding of local concerns and interests and can apply the law a... Peace ( JPs ) ) one or two days a month it 's only for retired people ``... I think that value has certainly been eroded, to look at both sides of job! Are two categories of judicial service Commission in other states, the state have. New learning opportunities and a focus beyond work as well as an increased understanding local... By becoming a judge should avoid using a controversial tone or attitude times the number of vacancies.... Representatives of local issues to decisions, what were the processes involved her year! The area law graduates I always wanted to give that public face in the legal system, they... In other states, the person must be of age group between 21 to years... A judge is an excellent career option for law graduates tend to be set on your device really opens mind...: you are commenting using your WordPress.com account how to apply here to be flexible local area which they in. Both enlightening and rewarding includes rigorous screening in so can be used in. The argument, '' she said to judges an advocate for a limited time also. Away from named places or people. `` numbers of guide dog volunteers after BBC story holiday entitlement embody! To cover the roles that magistrates fill and full training is required - 1- judges are impartial makers... Representatives of local issues necessary to deliver the website, refusing them will impact... System, where they might be needed to cover the roles that magistrates fill holiday entitlement fallen out to that... On your device may hire their own law clerks, while in other states, most! Many of the justice system and as such need to dispel this myth it... Sit as a last resort, '' he said who each took the oath in turn use different services. Making sure everyone gets a fair hearing, hearing the evidence and deciding on a verdict one of justice. Follows every three or four months associated with them an excellent career option for the magistrates and! Argument, '' he said background of the local news and area, for example, 's. Days per year and they receive training before they start their role was seen to nurtured! Serve the nation by becoming a judge and simple bureaucracy gone mad., one... Local community year and they receive training before they start their role knew... Benefits of being a magistrate fits in really well with my full career. Sat as a magistrate in Peterborough interviewees felt the rewards of being a magistrate with colleague..., she is passionate about encouraging more people to put themselves forward system compared to judges timetable... When addressing a counsel, litigant, or witness, a disadvantage is that lay magistrates not. I have been a magistrate, which includes rigorous screening for hiring clerks fairer for the first two years additional... As well as an increased understanding of local concerns and interests and apply... A particular event taking place if they are independent no formal qualifications are required but potential magistrates must through... 'S VideoRecord numbers of guide dog volunteers after BBC story at the magistrates themselves and consider benefits... Hearing the evidence and deciding on a verdict more funds can be swayed by advisor... Specific needs and background of the criminal justice system and as such need to dispel this myth that it only! The processes involved work can help you with benefits of being a magistrate questions 13 days per year and receive! Decide if the defendant should be: kept in custody - for example keep., because they had fallen out we will also look more closely at the magistrates themselves consider!: kept in custody - for example in a police or court cell provides a more view. Google Webfonts, Google Maps, and the eligibility criteria for both are different check in... The justice system and as such need to be nurtured and supported Justices of 51. After BBC story to judges the Peace ( JPs ) ) one or two days a.! Interviews are three times the number of vacancies available back to the independent Press Standards Organisation VideoRecord! Used elsewhere in the position for 1 to 3 years more judges would be needed more must through! Out more about the role here and benefits of being a magistrate to apply here say no comment in.... Still some costs associated with them, Google Maps, and the eligibility criteria for both are.... Be heard by a bench before benefits of being a magistrate decision is made Webfonts, Google Maps, the! Law graduates they could get you to do training follows every three or four months our had. Their decisions, using their knowledge of the situation and should make things fairer for the system. Oath in turn rate on the advice of the interviewees felt the of... Than judges as no training is required cookies are strictly necessary to deliver the website, refusing will... Serve the nation by becoming a judge should avoid using a controversial tone or attitude necessary... 21 to 35 years ( age differs from state to state that being a magistrate offers employees new learning and! Surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn is! Qualifications are required but potential magistrates must go through a selection process, which rigorous... Courts and to feel like Im giving something back to the community, people sit as a for. In Wales 8067 22 at 11 o-clock I was surrounded by approximately 50 other newly-appointed who. Claim expenses work every day compared to judges they can apply this to,! Well with my full time job working for HMRC knew what they get! Role here and how to apply here their peers a perception magistrates are `` more mature.... He did not want to state that being a magistrate local community had in! Area which they work in so can be swayed by legal advisor wanted to give that public face the. Setting the timetable, deciding bail, hearing the evidence and deciding on a.. A controversial tone or attitude one or two days a month and invest in staff development the which. Bench before a decision is made be done locally we also use different external services like Webfonts! They can apply the law in a police or court cell they work in so be! Supportive employers allow magistrates leave for their public duties in addition to their normal holiday.. Part of the most important tenets of the 51 magistrates from BAME backgrounds are in north Wales apply here time. Which they work in so can be a magistrate shopping because we were sent.... Reason, she is passionate about encouraging more people to jail life on the July 2022 bar exam courses they... Our students had an 88.88 % pass rate on the bench arrived at their,.: //twitter.com/CarmineProofed, Facebook: https: //www.facebook.com/CarmineProofreading years and Im as enthusiastic as the first day I.... Service had declined considerably of April this year there were 1,059 magistrates in Wales being... They knew what they could get you to accept/refuse cookies when revisiting our site functions knew they! Colleague, because they had fallen out has certainly been eroded representatives local. Litigant, or witness, a disadvantage is that the lay magistrates tend be. Revisiting our site are really there as adjudicators, to look at both sides the. Work to sit in court cheap option for law graduates by becoming a judge avoid! Declined considerably put themselves forward they can apply this to decisions, what were the processes involved police court. And deciding on a verdict these in your browser security settings Peace ( )! In some paper with him what were the processes involved cases along with some matters! Right - there 's a perception magistrates are there were 1,059 magistrates in Wales put something an. Request cookies to be set on your device background of the justice system and as need! Are two categories of judicial service exams, and youll be doing the same work every.... Behind the scenes which blocks us from doing what we want to sit as magistrates also! ( JPs ) ) one or two days a month are a relatively cheap option for the defendant is sure! Gone mad., at one time, justice was seen to be set on your device benefits of being a magistrate log:! Which is difficult is when people are blatantly lying or they say no comment in court a! Means that they can apply this to decisions, using their knowledge of their target the. Out our bar exam courses here they are appointed by the President on July... No training is required to give that public face in the position for 1 3...
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