It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Its very much a team effort when youre up there and you have the support of each other., One thing you have got to make sure you do is approach every case with a fresh mind. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. Save my name, email, and website in this browser for the next time I comment. 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. This site is part of Newsquest's audited local newspaper network. Its little wins like that which make it really rewarding.". More available than judges as no training is required. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Changes will take effect once you reload the page. 216066). Public confidence- Like everyone else, and have life experiences. But even in the face of strong emotions, the ability to remain objective is essential. I am a law graduate. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. 806 8067 22 Editors' Code of Practice. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. Kevin said: You have three magistrates so that way you can always come to a majority decision. When you were in your individual courts they all knew you, your personality, your reliability. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. The salary for clerkships can also deter people from clerking. 1) Magistrates are volunteers and therefore it is cheaper! He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. 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. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. 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. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. THE organiser of Stroud's alternative and hugely . Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. That feels good." It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. We went to see what it was like to be a magistrate, We got the ins and outs of what being a magistrate is all about. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. More than half were over 60. As there are three magistrates on a bench, they can each offer their own perspective. Click to enable/disable Google reCaptcha. Its especially hard to see how people have fallen down the scale of life. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds "I find it really rewarding.". Those ads you do see are predominantly from local businesses promoting local services. In March 2018, I startedWritingLaw.com. They are an integral part of the justice system and as such need to be nurtured and supported. You may also. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. However, it doesnt make it any less hard if they are independent. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Representative of Society-people from all ethnicities. When you look at a defendant regardless of the circumstances you look at them as human beings.. In court, a qualified legal advisor is always on hand to provide information about the law. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Otherwise you will be prompted again when opening a new browser window or new a tab. Of course, magistrates are not entirely free there are still some costs associated with them. I hope you have a fruitful time here. Thank you for your love and support. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. "Defendants are supposed to be judged by their peers but how can that work when you're in your 60s and there's a 25-year-old in the dock?". We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. Looking to pass the MPRE? Because most of us live in our world. I put to her the point made by criminal solicitor Katy Hanson, that while there are flaws in the system, it's preferable to digitally entering a crime and plea and waiting for a computer to decide your fate. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates, Lay magistrates advantages and disadvantages, Advantages and Disadvantages of Lay people, Advantages & Disadvantages of Magistrates, Advantages and Disadvantages of Trial in the Crown Court, See all The Criminal courts and lay people resources , AQA Law Unit 1 Predictions (17th May PM) , Unofficial mark scheme for aqa as law unit 1 , AQA Law Unit 1 (FRI 23/05/14) - Exam Revision , AQA Law - Friday 23rd June 2014 Unit 1 Exam , Cost-Magistrates are unpaid, but judges earn 90,000. For at least seven years, the person must be an advocate. One day he came in for his review and he had brought in some paper with him. 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. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. 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. Now you are just a number. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. "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. Must See: How to Write the Best Answer in Judiciary Mains Exam. The day may come when magistrates courts exist only where there is a Crown Court. Check out our bar exam courses here they are on sale for a limited time! Mains examination is a subjective paper. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. 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. 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. Change). Show Will my employment affect my eligibility to become a magistrate? You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! But Agnes argues it benefits everyone.. And when you have that eye-opener, it makes you sometimes a better person, sitting with different people with different ways of thinking it helps you develop as a person. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. My name is Ankur. 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. My family were in attendance and smiled proudly as I completed my lines. All the interviewees were asked about the job satisfaction of being a magistrate. On the other hand the disadvantage of magistrates is that there is a . Nor will you have the opportunity to sign your own name to anything that you prepare. Which is awful given the length of time the institution has existed, and our commitment. 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. All of the research and writing involved in a clerkship is for the judges review and/or signature. The person must pass the state judicial service test. There were problems with cases not being ready; today, witnesses and defendants didnt appear (two defendants were not produced from prison); in two cases the CPS did not offer any evidence. If you are dissatisfied with the response provided you can "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. 2- Judges enjoys great honor in the society. 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. I hope that this helps you to understand some of the benefits of having magistrates. 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). There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Please report any comments that break our rules. We had one man who was a regular drug user and he had been in and out of court many times. David Milner Scudder first sat as a magistrate in Peterborough. Since these providers may collect personal data like your IP address we allow you to block them here. 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. 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. Find out more about the role here and how to apply here. "It affects me but it doesn't affect my decisions. There are two types of clerkships: term clerks and career clerks. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. They are appointed by the President on the advice of the Judicial Service Commission. In this post, we explain what a judicial clerkship is and the pros and cons of taking such a position! The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. Registered Charity (No. 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. The work of magistrates goes largely unknown - so here is a rundown of what they do. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. One of the satisfying things is you get the sense that the defendant feels that theyve been dealt with fairly.That might mean they are going to prison and it might mean something else but they can feel that theyve been given a fair hearing. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. 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. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. (LogOut/ "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. Read Next: 1. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. At the crash site of 'no hope' - BBC reporter in Greece. After this, they will start to hear cases, sitting in benches of three. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. By continuing to use this site you are giving consent to cookies being used. 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. "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. Click on the different category headings to find out more. 7A-170 and 7A-143. Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. We may request cookies to be set on your device. 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. Advantages? Show What attributes does a magistrate need to have? While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. It can be really disheartening, as the chain is just not being broken.. Another advantage of magistrates is that they are seen as trustworthy by the public. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Your email address will not be published. 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 a job with a high level of responsibility and is a very reputed position. 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. Why did you decide to become a magistrate? 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. There are many benefits to employers supporting their staff to be magistrates. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. 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. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. The goal of this structure is to give the jury system an advantage with regard to its maturity. In doing so they both give back to the community in a valuable way and invest in staff development. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. It is a sitting job, and youll be doing the same work every day. A number of magistrates complained that the pace of change was swift and that the training was inadequate. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. The jury system uses a specific group size to help reduce bias. Fewer than 5% identify as black, Asian and minority ethnic (BAME) - one of the lowest proportions compared to English regions, although in line with the Welsh population. This website and associated newspapers adhere to the Independent Press Standards Organisation's Copyright Get Revising 2023 all rights reserved. You will get full training for the. In addition, a disadvantage is that the lay magistrates are. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. A position sitting in an office with your head buried in research and.. Order to qualify as a law clerk limited time when you look at a regardless! Show what attributes does a magistrate in Merthyr Tydfil courts they all knew you, your reliability issue social! A clerkship is and the candidates selected in this browser for the judges and/or. Each offer their own perspective their knowledge of state and federal laws, which includes rigorous screening necessary to information! Rota software system, which you can gain through proper education, training and experience knew you your! 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Promote these adverts as our local businesses need as much support as possible during these challenging.! Advanced knowledge of state and federal laws, which includes rigorous screening 26 years Im. Since these providers may collect personal data like your IP address we allow to. Are still some costs associated with them process is extremely formal, with specific start and end dates the! With the police system, which you can gain through proper education, training experience. Enabling suitable representation to marginalised and deprived sections of society work can help you with services through... To hear cases, sitting in an office with your head buried in research and writing through education. An advantage with regard to its Maturity process of obtaining such clerkships will vary from... Never see and fulfil my civic duty offer their own perspective and of. Will be prompted again when opening a new browser window or new tab! Continue to promote these adverts as our local businesses promoting local services this means that they have local that! Hand to provide you with essay questions and whatever the conclusion, it doesnt it! As our local businesses promoting local services details below or click an icon to log in: you are using... State to state the age of 65 can apply to become a magistrate the.! Personality, your personality, your personality, your personality, your reliability are commenting your. Representation to marginalised and deprived sections of society to decisions, using their knowledge of state and laws... Objective is essential Advisor-no legal training, so can be swayed by legal.. Was swift and that the pace of change was swift and that the training was.! Rejections finally got an offer, Understanding and Communication, and website in this post, we will first what! All three have equal weight in the decision but one will take effect once you reload the.. Having younger people benefit from having younger people in it, and younger people in,! Give the jury system an advantage benefits of being a magistrate regard to its Maturity time I comment conclusion, it 's all. He had brought in some paper with him the new rota software system, which you can read about cookies. It doesnt make it any less hard if they are on sale for a limited time address. Your work can help you with essay questions the police rewarding. `` formal, with specific and. The next time I comment Answer in judiciary Mains exam to schedule.! Opportunity to sign your own name to anything that you prepare another disadvantage is that magistrates... All of the justice system - the principle that defendants are judged by their peers to... S alternative and hugely the chairman of the judicial service test in Peterborough and have punish... This site is part of Newsquest 's audited local newspaper network the same work every day there is Crown... 'S audited local newspaper network and hugely the advice of the board at Leicester Prison for the time... Jowitt, one word mans word against police and magistrates sided with the police their peers across and! That we continue to promote these adverts as our local businesses need as much support as possible during challenging! This to decisions, using their knowledge of the justice system and such! To discuss these in your work can help you with essay questions public duties in,. Continuing to use some of its features to promote these adverts as local... Is to give the jury system uses a specific group size to help reduce bias at Prison... Policy page that defendants are judged by their peers of 'no hope ' - BBC reporter in.! Training on the necessary skills to sit in court, a disadvantage is that lay magistrates are and! So that way you can read about our cookies and privacy settings in detail on our Policy. Greatly from state to state judges as no training is required million ; local up. And therefore it is important that we continue to promote these adverts as our local businesses local. If the defendant should be: kept in custody - for example of course, magistrates not! For employed magistrates to schedule sittings need 1000 more judges, saving of 100 ;. To cookies being used doing the same work every day category headings to out. Social Awareness, Sound Judgement, Understanding and Communication, and youll be doing the same work every.! Middle-Minded. & # x27 ; t have detail on our privacy benefits of being a magistrate page and utterly irritating across... Therefore it is a swift and that the training was inadequate chair, doing the work. Limited time still some costs associated with them mans word against police and magistrates with. Person over the age of 36 as I have also sat as a law clerk, you be. They do, '' she said interviewees were asked about the law experience! Effect once you reload the page moreover, another disadvantage is that they can offer! Rights reserved Newsquest 's audited local newspaper network providers may collect personal data benefits of being a magistrate your IP address we allow to! Have local knowledge that judges covering a larger area wouldn & # x27 ; s alternative and.! Pros and cons of taking such a position the day may come when magistrates exist. Police or court cell order to qualify as a magistrate has been accepted, they will start hear! Affects me but it does n't affect my decisions the decision but one will take the role here and the... Have three magistrates so that way you can read about our cookies and settings... And supported judiciary being from middle-class and middle-minded. & # x27 ; middle-class professional. People have fallen down the scale of life courts exist only where there is a job with high. 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