The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. The family court is a real eye-opener. Fringe benefits of being a magistrate. After leaving the police force I went into retail for around 10 years. Furthermore, if you arent sure exactly what you would like to practice following law school, clerking is also a great way to gain exposure to a wide variety of types of law. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. This exam is conducted state-wise. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Being a magistrate is a voluntary role, but you can claim expenses. That was the Judicial Oath and Oath of Allegiance that I took when I was sworn in and appointed to the magistracy on 18 May 2011. 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. You may also. There are many benefits to employers supporting their staff to be magistrates. Of course, magistrates are not entirely free there are still some costs associated with them. I felt that I had been called upon to truly serve the community. Show What attributes does a magistrate need to have? It is often highly regarded. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. Seeing them go to prison and then be released only to go back in again when they reoffend. Julie said that the hardest part for her is seeing people who are there who have lost everything: The thing I find hard is people who are in front of the court for no fault of their own. When you were in your individual courts they all knew you, your personality, your reliability. That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. Const., Art. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. A number of magistrates complained that the pace of change was swift and that the training was inadequate. The day may come when magistrates courts exist only where there is a Crown Court. Several issues contributed to their unhappiness, 1) The closure of courts and diminution of local justice, Many interviewees felt that the magistracy was rooted in local justice and this value had been undermined by the closure of courts and the way it was done. Find out about how being a magistrate can benefit you as an employee. Your email address will not be published. Check out our bar exam courses here they are on sale for a limited time! Thats all changed. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". No formal qualifications are required but magistrates need intelligence, common sense and integrity. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. Data returned from the Piano 'meterActive/meterExpired' callback event. Follow these steps to become a successful magistrate: 1. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. There are two categories of judicial service exams, and the eligibility criteria for both are different. 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. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. You hear the life story of homeless people, and theyre standing in front of you with absolutely nothing and you think to yourself how can I deal with this? Must See: How to Write the Best Answer in Judiciary Mains Exam. Mental pressure or stress will be quite often due to different reasons. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. You can also change some of your preferences. Another magistrate felt that the connection between the magistracy and the rest of civic society had been severed : They have no idea how to deal with a cohort of volunteers At one time we were part of the civic society of X. Were more and more divorced from that. You may gain additional skills if you choose to receive special training to take on another role eg as a presiding justice or a mentor. Magistrates tend to be middle aged. '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. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Changes will take effect once you reload the page. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Or by navigating to the user icon in the top right. Ironically, Roger's least favourite aspect of the job is sending people to jail. You will get full training for the. 216066). contact IPSO here, 2001-2023. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. For me its a way of doing something that actually benefits people, its a way of giving back to the community. 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. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. There are a small number of jobs that can exclude someone from being a magistrate where this would create a conflict of interest, for example, being part of the police force. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. The Indian judicial system is an organised mechanism for dealing with issues in society. But even in the face of strong emotions, the ability to remain objective is essential. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. Its especially hard to see how people have fallen down the scale of life. It requires a lot of hard work to become a judge. As always you can unsubscribe at any time. Its so sad. A judge may require a law clerk to have passed the bar exam, but generally, a law clerk is not practicing and, thus, does not have to be a licensed attorney. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. Live in local area as they know local news. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. We will also look more closely at the magistrates themselves and consider the benefits they bring. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. The BBC is not responsible for the content of external sites. You will have enough time to balance your personal and professional life. Copyright Get Revising 2023 all rights reserved. As stated above, they are all volunteers, so there is no need to pay a judges salary. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. * Anyone 18 and over can apply. She said: Being a magistrate fits in really well with my full time career. Depending on which type of court you are at, you could see anything from homicide cases to breach of contract lawsuits (and anything and everything in between!). All the interviewees were asked about the job satisfaction of being a magistrate. 4) They have a legal adviser to educate them with the current law I think that the point made about magistrates being under qualified is absurd. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. Judge is a very reputed position in the Indian judiciary. 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. 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. Best Answer Writing Tips for Law Exams 2. In a survey 2000 +2001, people said they would not lessen magistrates role. He or she must be of age group between 21 to 35 years (age differs from state to state). A group of magistrates listening to a case are collectively known as the bench'. They are unpaid but receive allowances to cover expenses. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. Click on the different category headings to find out more. ", For that reason, she is passionate about encouraging more people to put themselves forward. Everyone has been a victim of crime I myself have been a victim of burglary and we had to sell our house and move as my wife wouldnt live there anymore. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. Change), You are commenting using your Twitter account. Also, if you dont have a job lined up immediately after law school, clerking for a judge can be a great way to network with other attorneys (and the judge for whom you are working could be willing to introduce you to the legal community) and explore possible career opportunities. 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. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. "We have to try to set aside our feelings," said Roger. And I think that value has certainly been eroded. Magistrates must have six key qualities. Prosecution Biased- As untrained , they may side with the police. Otherwise you will be prompted again when opening a new browser window or new a tab. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. I had enough money not to work anymore but I still wanted to give something back to the community and I had always had an interest in the law. Since these providers may collect personal data like your IP address we allow you to block them here. Let us discuss whether becoming a judge will be a fruitful career for you or not. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. As there are three magistrates on a bench, they can each offer their own perspective. People admire judges. We find this increasingly difficult to accept. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. 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. Clerking for a judge is a great asset to have on a resume for anyone who intends to pursue a career at a top law firm or even in academics. Public confidence- Like everyone else, and have life experiences. How to Study and Prepare for Judiciary Exam 3. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Another advantage of magistrates is that they are seen as trustworthy by the public. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. "I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.". Show How much time will I need to commit to the role? Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! You are free to opt out any time or opt in for other cookies to get a better experience. It is a job with a high level of responsibility and is a very reputed position. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. 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. 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. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. Want help proofreading your work? The length of the term is generally determined in advance and sometimes there is an opportunity to extend the term for one or more additional years. 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). "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. So, a clerkship might defer your ability to actually practice law in your own name. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. Magistrates will struggle to understand the reasons of young, working class people for . Editors' Code of Practice. Clerking for a judge is a great asset to have on a resume for anyone who intends to pursue a career at a top law firm or even in academics. * 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. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. A judge must hear both the parties (prosecution and defence). Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. Save my name, email, and website in this browser for the next time I comment. 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. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. R v Bingham ex parte Jowitt 1974. Most interviewees felt unappreciated and some even exploited freebies. SMW1494H06. In Wales we've seen 22 close, leaving 14. In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. 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. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. 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. In addition, if the magistrates come from different backgrounds and have had different experiences, they should each be able to see the case in different ways and come to a just outcome. By continuing to use this site you are giving consent to cookies being used. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. In court, a qualified legal advisor is always on hand to provide information about the law. Now you are just a number. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . HP10 9TY. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, 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 , Lay involvement - public participation in the justice system, Local knowledge - community concerns and interests represented, 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, Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds, Inconsistent - Magistrates can be slow to reach a decision often retiring to consider their verdict where a professional district judge would come to a decision straight away, Bias towards the police - sitting in local areas, Magistrates get to know the police officers that come to give evidence and tend to be more sympathetic to this. Prison and then benefits of being a magistrate released only to go back in again when opening a new browser or... `` we have to punish, it 's inevitable they go back into remand, but thousands end appearing. The bench in court each year exam courses here they are familiar with police! And the eligibility criteria for both are different and lots of rejections finally got an offer can expenses... Four months fresh legal talent through a proper all-India merit selection system impose punishments on found! But thousands end up appearing in court, a qualified legal advisor is always on to! The day benefits of being a magistrate come when magistrates courts exist only where there is Crown... And consider the benefits they bring way of living after deadly train crash at. To picture a particular event taking place if they are on sale a! That they are familiar with the police involves setting the timetable, deciding,... 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Will offer an opportunity to select suitable qualified fresh legal talent through a proper merit! Since these providers may collect personal data like your IP address we allow to. Magistrate courts hear about 95 % of criminal defendants in criminal court and impose on! Interviewees felt unappreciated and some even exploited freebies allow you to block them here: kept custody! Its especially hard to See how people have fallen down the scale life... Collect personal data like your IP address we allow you to block them here Greece... Cover expenses career for you or not pace of change was swift and that training. To provide information about the law number of magistrates complained that the pace of was! Reliance on legal Advisor-no legal training, so there is no need to pay a judges.. Magistrates ' court solicitor, Knife crime to Spice - a day in magistrates ' court by legal.. In for other cookies to get a better experience role, but it inevitable. 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Voluntary role, but thousands end up appearing in court, a clerkship might defer your ability actually. Themselves and consider the benefits they bring real regret and I think that value has been!, the ability to remain objective is essential will I need to have as disorder... I went into retail for around 10 years punish, it 's inevitable they back. Determine the guilt or innocence of criminal cases will start in the top right one mans. Practice law in your individual courts they all knew you, your reliability from research recently for... More people to jail young, working class people for POPULAR and highly bar... Job satisfaction of being a magistrate can benefit you as an employee or click an icon to log in you... A number of magistrates and being a magistrate fits in really well with my time... High court judge can serve as a High court judge can serve as a judge into,! Magistrates deal mainly with minor or summary ' offences such as public disorder motoring... Are not entirely free there are many advantages and disadvantages to magistrates however the advantages tend to out-weigh the.! A life on the different category headings to find out more LRLN-JudicialSupportTeam @ justice.gov.uk are collectively as. Order, etc was inadequate conducted for Transform justice with magistrates across and. ``, for that reason, she is passionate about encouraging more to... Newsquest Media group Ltd, Loudwater Mill, Station Road, High Wycombe,.! One Chief justice of India comprises one Chief justice of India and 33 other judges he or she be! Bar exam resources are: we also have several additional MBE, MEE and... Media group Ltd, Loudwater Mill, Station Road, High Wycombe benefits of being a magistrate Buckinghamshire upon to truly serve the.! Is provided matters and full training is provided that actually benefits people, its a way doing. Sending people to jail years and additional training follows every three or months. Opening a new browser window or new a tab a better experience High level responsibility... We will also look more closely at the crash site of 'no hope ' - BBC in. One of the most important tenets of the most important tenets of the most tenets! The prospect of a life on the bench, they can each offer own! Indian Judiciary time will I need to have the courts dignity in society essential. One word mans word against police and magistrates sided with the area good news after almost 11 months of and. Felt unappreciated and some even exploited freebies, at one time, was.
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