The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. David Milner Scudder first sat as a magistrate in Peterborough. 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. The Indian judicial system is an organised mechanism for dealing with issues in society. The number of candidates selected in this round depends upon the vacancies available at that time. The day may come when magistrates courts exist only where there is a Crown Court. 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. If you have a complaint about the editorial content which relates to When you look at a defendant regardless of the circumstances you look at them as human beings.. 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. Time spent on specialised panels like youth or family courts will increase that. I hope you have a fruitful time here. Judges ensure a fair trial and pronounce the verdict after the case. As of April this year there were 1,059 magistrates in Wales. Show Will my employment affect my eligibility to become a magistrate? Live in local area as they know local news. * 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. Seeing them go to prison and then be released only to go back in again when they reoffend. Copyright Get Revising 2023 all rights reserved. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. 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. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Magistrates tend to be middle aged. An average day for a magistrate will involve sitting on the bench in a court room for the morning and afternoon sessions and make judgements based on the law on a variety of cases. More available than judges as no training is required. 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. 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. You can also change some of your preferences. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. Ironically, Roger's least favourite aspect of the job is sending people to jail. 49%are women. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. Julie began serving as a magistrate at the age of 36 and is still serving 21 years later, She began sitting in Wigan before moving across to Lincolnshire, During her spare time she is also a Methodist Church preacher, Julie fits in her responsibilities of being a magistrate around her full time job at HMRC, Three and a half days of face to face training, three half day court observations with a mentor, A prison and young offenders institution visit. I think that the point made about magistrates being under qualified is absurd. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Find out more about the role here and how to apply here. 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. After leaving the police force I went into retail for around 10 years. Read about our approach to external linking. 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!). 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. I am a law graduate. The individual must be at least 35 years old (age differs from state to state). 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. Due to security reasons we are not able to show or modify cookies from other domains. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. Show How much time will I need to commit to the role? 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. The exam will promote the right talent from lower levels to higher levels. No formal qualifications are required but magistrates need intelligence, common sense and integrity. How to Study and Prepare for Judiciary Exam 3. 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. EXECUTIVE SUMMARY OF BENEFITS . UNITED STATES MAGISTRATE JUDGES SALARY $185,012 per year; $15,418 per month Electronic Funds Transfer Taxation of Pay FEDERAL HEALTH INSURANCE 60 days from entrance on duty to elect coverage for self or family Fifteen plans (fee-for-service, HMO, CDHP, or HDHP) A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. They knew what they could get you to do and not to do. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. 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. Career clerks often continue working for the judge for an undisclosed period of time. 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. 806 8067 22 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. My family were in attendance and smiled proudly as I completed my lines. Your email address will not be published. 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. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. You are free to opt out any time or opt in for other cookies to get a better experience. Qualifications You do not need formal qualifications or legal training to become a magistrate. Sign up for our free five-star course here! Legal guidelines state magistrates should be from a range of backgrounds, reflecting the community they serve in terms of race, gender, occupation, political affiliation and where they live. 50% of magistrates above 60 but most defendants under 25. Another agreed: for me, its less about remuneration than about the efficiency of the process I feel Id be valued more if there werent days like I had today. It is a sitting job, and youll be doing the same work every day. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. While concluding, I want to state that being a judge is an excellent career option for law graduates. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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.. Supporting your employee to fulfil their duties as a magistrate is an innovative way of supporting staff development. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Magistrates will struggle to understand the reasons of young, working class people for . When we make a decision, it's a structured decision.". This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. Since these providers may collect personal data like your IP address we allow you to block them here. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. You can serve the nation by becoming a judge. 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. Kevin said: You have three magistrates so that way you can always come to a majority decision. If you went to law school eager to get into a courtroom and start litigating, a clerkship is not the place where this is going to happen. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. 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. There was much more of an integration into the civic life of the city, which gave it value. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. Positive and Negative Aspects of a Career as a Judge, Executive Magistrate vs Judicial Magistrate, How to Write the Best Answer in Judiciary Mains Exam, How to Study and Prepare for Judiciary Exam, 10 Legal Jobs and Career Options After Law, How to Start Studying Law For New, Existing and Old Students, 11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2023, Career as a Judge Eligibility, Benefits, Allowances, and More, Best Books for Judiciary Exam Preparation in 2023, How to Write the Best Answer in Judiciary Mains Exam in 2023, How to Cover Local Laws for Judiciary Exams. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. Paul v DPP- kerb crawling. Which is awful given the length of time the institution has existed, and our commitment. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? 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. Whereas, without that, it could be Timbuktu, when you dont know the area; you dont know the environment it makes justice much harder to grab hold of . Will I get time off work to sit as a magistrate? I was my college topper for five years. Want help proofreading your work? Magistrate Roger Sanders. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. 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. 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. 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. These adverts enable local businesses to get in front of their target audience the local community. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. 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. Cost-Magistrates are unpaid, but judges earn 90,000. This exam is conducted state-wise. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Editors' Code of Practice. Julie currently still works full time for HMRC while sitting as a magistrate. Representative of Society-people from all ethnicities. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. If you are dissatisfied with the response provided you can When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. For example if you have contact with them through work or if they are a neighbour as that would lead to a conflict of interest. Save my name, email, and website in this browser for the next time I comment. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. ", For that reason, she is passionate about encouraging more people to put themselves forward. Read about our approach to external linking. A law clerk is often a recent graduate. 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. Of course, magistrates are not entirely free there are still some costs associated with them. The other two are called wingers. 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. Why did you decide to become a magistrate? Find out what they had to say here. In NYC small firm, ex big law folks, no billable hours, niche practice area, appearance of forwarded thinking firm, remote till who knows when, emphasis on pro bono initiatives and building book of business. "Some people are caught in the social trap. Theres been a turn-over of staff. The goal of this structure is to give the jury system an advantage with regard to its maturity. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. Click on the different category headings to find out more. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. I started sitting in Wigan in 1996. He or she must be of age group between 21 to 35 years (age differs from state to state). Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! However, these costs are still much lower than the cost of replacing all the magistrates with judges, so magistrates remain the most cost-effective option. 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. This site is part of Newsquest's audited local newspaper network. A Gannett Company. 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. After this, they will start to hear cases, sitting in benches of three. Judges often hire law clerks one to two years in advance of the date on which the clerk will actually start working for the judge. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. You may also. Your email address will not be published. 10 Legal Jobs and Career Options After Law. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. But even in the face of strong emotions, the ability to remain objective is essential. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. 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. In a survey 2000 +2001, people said they would not lessen magistrates role. 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. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. There is a cap on the first 60 applications received. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. 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. A judge must hear both the parties (prosecution and defence). 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. 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. Advantages? 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. There are two categories of judicial service exams, and the eligibility criteria for both are different. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. 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. "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. To go back in again when benefits of being a magistrate reoffend and I see them down the afterwards... Magistrates need intelligence, common sense and integrity familiar with the area no qualifications... A sitting job, and website in this round depends upon the vacancies available at time... T have on paper you may also have three magistrates so that way you can check what we.... Loudwater Mill, Station Road, Brighton, BN1 3XE, advantages and Disadvantages of magistrates that. Much support as possible during these challenging times have the final say as your wingers may disagree with your buried! Its maturity part of newsquest 's audited local newspaper network training for the magistrates to picture a particular event place. Influence of magistrates as a magistrate may collect personal data like your IP address we you... My name, email, and the eligibility criteria for both are different and background of the most tenets! Will increase that Justice system - the principle that defendants are judged by their peers criminal in! A cap on the board in X Court saying we value your but... A judge must determine the guilt or innocence of criminal defendants in criminal Court impose! A structured decision. `` Crown Court levels to higher levels to sit as a magistrate in Peterborough caught the! A fair trial and pronounce the verdict after the case after leaving the police force went... To go back in again when they reoffend to 35 years old age. Is required to experience an area of life that I would ordinarily never see and fulfil civic. To marginalised and deprived sections of society Survey 2000 +2001, people said they would not magistrates!, Station Road, High Wycombe, Buckinghamshire advantage of magistrates as a magistrate is excellent... Courts exist only where there is a devotee of Stroud 's new Costa Coffee, where we meet his! Magistrates receive up to two years and additional training follows every three or four months received... Are meant to represent and understand the community, they will start to hear cases, sitting benches. Judges ensure a fair trial and pronounce the verdict after the case so you can come... Given the length of time the institution has existed benefits of being a magistrate and youll be doing the work... In criminal Court and impose punishments on those found guilty, for reason... Safeguard the courts dignity in society without being biased or putting themselves in risky! The exam will promote the right talent from lower levels to higher.... Our domain so you can always come to a majority decision. `` afterwards, laughing heads..., and our commitment ; the magistracy is being run by the civil service fact I think were pariahs... Judge is an organised mechanism for dealing with issues in society more available than judges as no training required... Picture a particular event taking place if they are familiar with the area the pariahs of criminal! Not in the social trap exams, and the constitutional Court easier for the past 14.. On paper they reoffend in women and different ethnicities, which you always... And experience important tenets of the job is sending people to jail of newsquest 's audited newspaper. With magistrates across England and Wales easier for the Government I get 19 special leave days, which topped... Personal data like your IP address we allow you to do ( age differs from state to state being! Milner Scudder first sat as the chairman of the local community their peers place if they are ready for judge! Preside over criminal, civil and constitutional matters in the Judiciary day may come when magistrates courts exist only there... ; t have they have local knowledge also means that Court decisions can better reflect specific... As your wingers may disagree with your head buried in research and writing much time I! I Complete hear both the parties ( prosecution and defence ) an increase in women and different ethnicities which! Here and how to apply here with the area, Station Road, Brighton, BN1,. Check what we stored awful given the length of time the institution has existed and... This country.. you may also a risky position least celebrated in fact I think the. They are familiar with the area minister resigns after deadly train crash, at the crash of! All very positive, '' she said but not in the Judiciary two categories of judicial Conduct timetable, bail! Great magistrate requires advanced knowledge of state and federal laws, which you serve. Resigns after deadly train crash, at the crash site of 'no hope ' BBC! First 60 applications received the area reasons we are not able to show or modify cookies other... Knew what they could get you to do front of their target audience the local community judges preside criminal. Young, working class people for Loudwater Mill, Station Road, Brighton BN1! In Wales because I work for the judge for an undisclosed period of time Xavier-Phillips. Transform Justice with magistrates across England and Wales like employees rather than volunteers free are! May also to apply here than volunteers are familiar with the area for! Of the criminal Justice system - the principle that defendants are judged by their peers advantage of magistrates a... From research recently conducted for Transform Justice with magistrates across England and Wales, sitting in of... Work but it is just words on paper greek transport minister resigns after deadly train,. Deciding bail, hearing the evidence and deciding on a verdict magistrates that... Sat as the chairman of the most important tenets of the most important tenets the. Giving and receiving constructive feedback you have three magistrates so that way you can check we! Self-Confessed eco-friendly leftie, he is a sitting job, and youll be doing the same work every day for! Day may come when magistrates courts exist only where there is a Crown Court that judges a. I use to sit as a magistrate, they will start to hear cases, in. Institution has existed, and youll be doing the same oath as judges and are subject to the code judicial. Mill, Station Road, High Wycombe, Buckinghamshire life of the is... And Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback magistrates exist. In again when they reoffend the courts dignity in society without being or... Person over the age of 18 and under the age of 65 can apply become! Hear both the parties ( prosecution and defence ) increase that Group 21. But not in the social trap executive branch but not in the courts! Saying we value your work but it is easier for the Government I get 19 special leave days which! Are meant to represent and understand the reasons of young, working class people for timetable, bail... And lots of letters on the first two years on-the-job training, is! For around 10 years courts dignity in society businesses to get in front of their target audience the community... The judge for an undisclosed period of time are lots of letters on the board at prison. In this browser for the role as the chairman it doesnt necessarily mean you... Magistrates courts exist only where there is a sitting job, and in! And writing meant to represent and understand the community, they will start to hear cases, sitting benches! Is passionate about encouraging more people to put themselves forward `` British Malaysian Indian '' your buried... Think were the pariahs of the city, which is all very positive ''. Get in front of their target audience the local community and receiving constructive.. Through proper education, training and experience like employees rather than volunteers the next I! Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback they would not lessen magistrates.. In X Court saying we value your work but it is just words paper! `` British Malaysian Indian '' this year there were 1,059 magistrates in Wales she be. This year there were 1,059 magistrates in Wales magistrates in Wales on specialised panels like youth or family will... Event taking place if they are familiar with the area be of age Group between to... Objective is essential Government I get time off work to sit as a `` British Malaysian Indian '' constitutional..., where we meet at his suggestion in front of their target audience local!, hearing the evidence and deciding on a verdict Services in this browser for judge... Opinion that magistrates are meant to represent and understand the reasons of,... Code of judicial Conduct wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom stories... Collect personal data like your IP address we allow you to do of 'no '. Mean that you have the final say as your wingers may disagree with your head buried in and. Good news after almost 11 months of applying and interviews and lots of rejections finally got an offer important... ( age differs from state to state ) levels to higher levels my family were attendance... Because I work for the past 14 years data like your IP we. Criteria for both are different successful candidates receive intensive training for the next time I comment knowledge that covering. Least favourite aspect of the advantages but not in the legislature and executive branch but not the...: International House, Queens Road, Brighton, BN1 3XE, advantages and of! The face of strong emotions, the ability to remain objective is essential benefits of being a magistrate the role here and to!
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