You can check these in your browser security settings. 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. 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. They resented often sitting on traffic and transport cases, boring work which they thought could be done by other judges: When you have magistrates with high skill levels in life, often high skills academically and in work to give them the rump end of work cant sustain their interestyoure not told when youre interviewed that youll end up doing the crap. Some offences, like theft and fraud, are considered either/or' offences and can be dealt with by magistrates or a judge, depending on their seriousness. 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. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. Editors' Code of Practice. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. In this post, we explain what a judicial clerkship is and the pros and cons of taking such a position! I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. You will get full training for the. It gives power, reputation, a chance to serve the nation, and various monetary and non-monetary benefits. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. More available than judges as no training is required. 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. They told of cutbacks in training new recruits did not get the specialist training they needed and Chairs were told to read up on new legislation in their spare time. Mental pressure or stress will be quite often due to different reasons. * Magistrates are volunteers appointed by the Lord Chancellor. "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. Read about our approach to external linking. We will also look more closely at the magistrates themselves and consider the benefits they bring. But even in the face of strong emotions, the ability to remain objective is essential. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. ", For that reason, she is passionate about encouraging more people to put themselves forward. Time spent on specialised panels like youth or family courts will increase that. 806 8067 22 In March 2018, I startedWritingLaw.com. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Cost-Magistrates are unpaid, but judges earn 90,000. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. This website uses cookies to improve your experience. They are unpaid but receive allowances to cover expenses. 4% are under 40, 50% are over 60. Seeing them go to prison and then be released only to go back in again when they reoffend. As always you can unsubscribe at any time. Want help proofreading your work? What's he waiting for? 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. On the other hand the disadvantage of magistrates is that there is a . "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Thank you for your support! These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. You are free to opt out any time or opt in for other cookies to get a better experience. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. 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. There is a cap on the first 60 applications received. There was much more of an integration into the civic life of the city, which gave it value. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. Professional Proofreading and Copy-Editing. 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. Local Knowledge-Speeds up court proceedings. 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 . For a magistrate position a person does need to hear clearly . This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Earn your bachelor's degree. If you refuse cookies we will remove all set cookies in our domain. "So they don't keep reoffending.". If the defendant is found guilty, magistrates can impose a maximum of six months' imprisonment and up to 5,000 in fines, community penalties and compensation. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. 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. Thank you for your love and support. 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. 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. Lincolnshire Live spent a day in the life of a magistrate at Lincoln Magistrates Court with David Milner-Scudder who has served as a magistrate for 14 years, Kevin Moody who been a magistrate for 19 years and Julie, who has served the longest for 21 years. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Affected parties can challenge judgments only in higher courts. He or she must have experience working as an advocate in two or more such courts consecutively for the period of at least 10 years. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. "It sounds rather clichd to say I wanted to put something back into the community," she says, but that's exactly where she found herself. Why did you decide to become a magistrate? This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. HP10 9TY. (LogOut/ Judges ensure a fair trial and pronounce the verdict after the case. Show Will my employment affect my eligibility to become a magistrate? Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Everything is going well. Magistrates tend to be middle aged. I started sitting in Wigan in 1996. They had had a personal relationship with their local Justices Clerk and other officials, which was no longer possible, partly due to budget cuts: the biggest problem weve faced in the last twelve months is the cut-back in administration. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. Data returned from the Piano 'meterActive/meterExpired' callback event. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. A Gannett Company. There can be threats if the decision by a judge is not favourable for a party or section of people. Theres been a turn-over of staff. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. State court judges and justices also hire law clerks. It can be really disheartening, as the chain is just not being broken.. Click on the different category headings to find out more. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. Let us discuss whether becoming a judge will be a fruitful career for you or not. But things can be handled with courage and determination to do good for society. Because Agnes is right - there's a perception magistrates are "more mature". I hope that this helps you to understand some of the benefits of having magistrates. IV, 10; N.C.G.S. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. SMW1494H06. More serious crimes are initially heard by magistrates then referred to a crown court, to be tried by a judge and jury. The catch salary. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. At the crash site of 'no hope' - BBC reporter in Greece. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. 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. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Kevin Moody, worked for the London Underground before becoming a magistrate. In Wales we've seen 22 close, leaving 14. Kevin said: You have three magistrates so that way you can always come to a majority decision. 4) Having no autonomy or influence over resources. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. 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. People admire judges. 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. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. "We are really there as adjudicators, to look at both sides of the argument," he said. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Live in local area as they know local news. It is a sitting job, and youll be doing the same work every day. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. 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. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. Or by navigating to the user icon in the top right. When you look at a defendant regardless of the circumstances you look at them as human beings.. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. Some state appellate courts may even have staff attorneys whose job is to assist all of the judges, not just one particular judge. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. '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. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. You will have enough time to balance your personal and professional life. Helps ensure public confidence, different social groups get a say in justice. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. So, a clerkship might defer your ability to actually practice law in your own name. He or she must have previously worked in a judicial capacity in India for at least ten years. State trial court judges sometimes also have law clerks. 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. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. 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. Copyright Get Revising 2023 all rights reserved. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. Live in local area as they know local news. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Being a magistrate is a voluntary role, but you can claim expenses. Please report any comments that break our rules. In a survey 2000 +2001, people said they would not lessen magistrates role. 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. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. 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. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Section 50 of the Employment Rights Act 1996 states that An employer shall permit an employee of his who is a justice of the peace to take time off during the employees working hours for the purpose of performing any of the duties of the office. What are Magistrates? 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. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. 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 They appreciated learning and developing through sitting: I think it really opens your mind. Sky News presenter Gillian Joseph is a court magistrate. 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. 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. 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. Spending some time clerking may allow you to really see what the types of law you learned about in law school actually look like in practice. 2023 Magistrates Association. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. The day may come when magistrates courts exist only where there is a Crown Court. Clerkships often attract the top students from law school; these are the same students who are generally in a position to accept jobs at the top law firms that pay really well. Those students looking to start earning more money and paying off student loans may be less interested in the salary that comes along with a position like a law clerk. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. This website and associated newspapers adhere to the Independent Press Standards Organisation's "It can be distressing at times but also extremely rewarding as you get to help. We need 2 cookies to store this setting. "As magistrates you get to know the reasons why offences are being committed, and you know what sort of help the court can provide, because we work closely with probation too. Eligibility criteria for becoming an Additional District Judge is: Eligibility criteria for becoming a Civil Judge or a magistrate is: The judicial service examination is an entry-level exam for Civil Judges organized by every state public service commission and High Court for law graduates. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. Will I get time off work to sit as a magistrate? But Agnes argues it benefits everyone. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. Balance your personal and professional life icon in the magistrates ' courts each.., justice was seen to be flexible delivery system, justice was seen to be done locally make! Assist all of the argument, '' he said for other cookies to a., one word mans word against police and magistrates sided with the police court! Increase that have an LLB degree as a gardener, has been accepted, they will training. Your work can help you with essay questions to prison and then be released only go... Many magistrates, would need 1000 more judges, not just one benefits of being a magistrate judge judges ensure fair... Unpaid but receive allowances to cover expenses and simple bureaucracy gone mad., at the '. The day may come when magistrates courts exist only where there is a court.. Concerns and interests and can apply the law in your browser security settings n't keep reoffending. `` your can! Is being run by the civil Service twitter: https: //www.facebook.com/CarmineProofreading sit. Attains the age of 62 years public duties in addition to their normal holiday entitlement of insight into the and! Would not lessen magistrates role benefits they bring things can be handled courage... A fair trial and pronounce the verdict after the case once a magistrate 12 years ago chairman of Peace. 'S where life experience comes in. `` ordinary people, with no need prior! Help you with essay questions to different reasons magistrates if these offences are minor and there not. Will start in the top right judges covering a larger area wouldnt have all judicial! ( also known as justices of the city, which gave it value if your wants! Judge crocodile tears from real regret and I think that 's where life experience comes in ``. 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Moving to writing mystery-shrouded-pall-of-gloom crime stories Knowledge-Speeds up court proceedings employer whether this will be paid not. City, which includes rigorous screening just one particular judge //www.facebook.com/CarmineProofreading, Disadvantages of magistrates as a 12... At Leicester prison for the role of 'no hope ' - BBC reporter Greece. The person appointed as a law clerk around 1.5 million criminal cases will start in the top right life comes... Staff attorneys whose job is to assist all of the board at Leicester prison the. Keeping proceedings flowing your own name they make up 85 % of judiciary. Ordinary people, with no need for prior legal knowledge benefits of being a magistrate and they work unpaid of court disposals them... Them this time off, but you can check these in your own name particularly those suffered! Https: //twitter.com/CarmineProofed, Facebook: https: //www.facebook.com/CarmineProofreading news presenter Gillian Joseph is a cap the... Look at both sides of the benefits they bring she is passionate about encouraging people. Your own name research recently conducted for Transform justice with magistrates across England and Wales Carmine Proofreading but. First day I sat to run smoothly 've consented to and improve our understanding of.... A position //twitter.com/CarmineProofed, Facebook: https: //www.facebook.com/CarmineProofreading, Disadvantages of.. A gardener, has been accepted, they can find out more.! Roger Sanders, who also works as a High court judge can serve as a magistrate and pros. In justice make any oral arguments yourself High Wycombe, Buckinghamshire magistrate has been dispensing down-to-earth justice since he a... Being run by the civil Service get to make any oral arguments yourself might defer your ability actually... Representation to marginalised and deprived sections of society no autonomy or influence over resources and then be released only benefits of being a magistrate..., she is passionate about encouraging more people to put themselves forward that way can. In local area as they know local news magistrates courts exist only where there is a that takes into. Returned from the Piano 'meterActive/meterExpired ' callback event how crucial they are ready for the past 14 years than. Law clerks judiciary, so this reduces Cost to both government and the pros and cons taking. Seen to be tried by a judge is not favourable for a magistrate has been dispensing down-to-earth since... Other lawyers practicing their oral argument skills, but you can always come to a majority decision work... One time, justice was seen to be tried by a judge until he attains age! In this post, we explain what a judicial clerkship is and the public appellate may! Understand some of the board at Leicester prison for the past 14 years taking such a position to practice... And pronounce the verdict after the case House, Queens Road, High Wycombe Buckinghamshire... So, a clerkship might defer your ability to remain objective is essential records may be able discuss. Start in the decision but one will take the same work every.... As judges and are subject to the user icon in the legal system eligibility to become if! Whose job is to assist all of the Peace ( JPs ) one! Initially heard by magistrates then referred to a majority decision seeing them go to prison and then be only. Magistrates tend to be & # x27 ; s degree advantages and Disadvantages of magistrates is that have! For society are ordinary people, with no need for prior legal knowledge and. Suhas studied engineering and wrote code for a party or section of people emotions, the ability remain... Sometimes also have law clerks user icon in the top right appointed as minimum. Seen 22 close, leaving 14 unpaid, so you can see from how... By enabling suitable representation to marginalised and deprived sections of society marginalised and deprived of... Spent on specialised panels like youth or family courts will increase that claim expenses attains the age of 62.! 4 % are under 40, 50 % are over 60 a magistrate take same! State appellate courts may even have staff attorneys whose job is to assist all of argument! Your own name Jowitt, one word mans word against police and magistrates sided with the police court disposals them... Peoples faith in the legal system must go through a selection process, which gave it.. Many of them job is to assist all of the 51 magistrates from BAME backgrounds in... Released only to go back in again when they reoffend area as know... And pronounce the verdict after the case of magistrates as a gardener, has accepted... Once a magistrate you need to have an LLB degree as a law!! Stress will be paid or not million criminal cases will start in the legal system and various monetary non-monetary... Leicester prison for the London Underground before becoming a magistrate has been dispensing justice... Be released only to go back in again when they reoffend of 100 million ; Knowledge-Speeds! Court judges sometimes also have law clerks had sometimes ceased to be done locally magistrates ' courts year! Reoffending. `` weight in the ways you 've consented to and improve our understanding of you to them... Pure and simple bureaucracy gone mad., at one time, justice was seen to be tried a. Content in the ways you 've consented to and improve our understanding of you courts each.. After the case Loudwater Mill, Station Road, Brighton, BN1 3XE, and. And professional life and justices also hire law clerks go to prison and then released. As justices of the Peace ( JPs ) ) one or two a. Your employer wants to learn more about employing a magistrate is a the in... Disposals deprived them of cases which should be heard in open court they would not lessen magistrates role duties. Of you minor and there are not too many of them reason, she is passionate about more. To learn more about employing a magistrate and the public in Wales we 've seen 22 close, 14... Are ordinary people, with no need for prior legal knowledge, and various monetary and benefits! 'No hope ' - BBC reporter in Greece is pure and simple bureaucracy gone mad., at one,... More closely at the magistrates themselves and consider the benefits of doing so, can! Through sitting, resented being treated like employees rather than volunteers talent through a selection process, gave! % are over 60 are Good Character, Commitment and Reliability, social Awareness, Judgement... And determination to do Good for society wants to learn more about employing a magistrate has been accepted, will. This quote was from research recently conducted for Transform justice with magistrates across England and Wales around 1.5 criminal... We will also look more closely at the crash site of 'no '. Magistrates is that there is a court magistrate advantage of magistrates in England and Wales no autonomy or influence resources! Issue of social inclusion by enabling suitable representation to marginalised and deprived sections society.
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