Also, the training given to every magistrate can be expensive. It was quite a solemn occasion at the High Court at the Royal Courts of Justice. 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. The jury system uses a specific group size to help reduce bias. But Agnes argues it benefits everyone.. After this, they will start to hear cases, sitting in benches of three. During their service and training, magistrates develop transferable skills in many areas essential to both personal and professional development, including but not limited to: Some of the skills you acquire as a magistrate will depend on whether you sit in the criminal, youth or family court, for example you will be trained to communicate with young people if you are a youth magistrate. 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. 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. You can check these in your browser security settings. 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. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. N.C. * For more information and an application form, visit www.dca.gov.uk/magistrates. For Roger, the most satisfying aspect of the job is making sure everyone gets a fair hearing. Paul v DPP- kerb crawling. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. R v Bingham ex parte Jowitt 1974. Please be aware that this might heavily reduce the functionality and appearance of our site. Why did you decide to become a magistrate? The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. As of April this year there were 1,059 magistrates in Wales. At the crash site of 'no hope' - BBC reporter in Greece. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. I asked him if he wanted to show us something, and he brought forward this piece of paper which showed he had his first negative drug test and he was so proud of it. There are many benefits to employers supporting their staff to be magistrates. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. 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. Ministry of Justice: Who can be a magistrate? The application process for federal clerkships is handled through a website called OSCAR. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Now you are just a number. contact IPSO here, 2001-2023. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. "I saw an article about the need for ordinary, working class magistrates," he said. 1) Magistrates are volunteers and therefore it is cheaper! "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?". Above all magistrates felt undervalued. A career as a judge will surely give you financial and job security. 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. Of course, magistrates are not entirely free there are still some costs associated with them. 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. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. 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. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . 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? Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. "This really opens your eyes to the wider community, the bigger issues," she said. 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. 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. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. The family court is a real eye-opener. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. 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. Kevin Moody, worked for the London Underground before becoming a magistrate. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. At 11 o-clock I was shopping because we were sent home. Since these providers may collect personal data like your IP address we allow you to block them here. The judicial service exam has three phases, i.e., preliminary, mains, and interview. Live in local area as they know local news. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. "We are really there as adjudicators, to look at both sides of the argument," he said. Data returned from the Piano 'meterActive/meterExpired' callback event. 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. 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. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. But because of the time commitment involved and the fact that the role is filled by unpaid volunteers, the majority of magistrates are middle-class retired professionals. As stated above, they are all volunteers, so there is no need to pay a judges salary. "People arrive in tears, for example when there's been a fatality in a road accident and the grieving parents are there to listen to what's going on. Many of the interviewees felt the rewards of being a magistrate were great. 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. Most judges have at least one attorney on their staff who helps the judge conduct legal research, prepare for hearings and trials and draft written opinions. In March 2018, I startedWritingLaw.com. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. The Indian judicial system is an organised mechanism for dealing with issues in society. DeSantis won't say he's running. They knew what they could get you to do and not to do. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. "So they don't keep reoffending.". 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). 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. Named one of the fastest growing companies in the United States. Here, she talks about why it's so rewarding, and why it's a shame the numbers are falling: "I swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill will. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. You may also. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. You will love them. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. What's he waiting for? "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Julie added: I fit in being a magistrate around my full time job working for HMRC. 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. Const., Art. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. Many law schools require students to complete their bachelor's degrees in any field. "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. Another advantage of magistrates is that they are seen as trustworthy by the public. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Show What attributes does a magistrate need to have? "Sometimes it's the only solution but I don't like depriving people of their liberty. Magistrates tend to be middle aged. Change). He or she must be of age group between 21 to 35 years (age differs from state to state). Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. * 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. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. In court, a qualified legal advisor is always on hand to provide information about the law. The number of candidates selected in this round depends upon the vacancies available at that time. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. 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. Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. David Milner Scudder first sat as a magistrate in Peterborough. By continuing to use this site you are giving consent to cookies being used. In Wales we've seen 22 close, leaving 14. 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. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. 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. When you were in your individual courts they all knew you, your personality, your reliability. I had five trials, but it was shambolic, and only two were kind of done. Magistrates don't reflect the social makeup of Britain. Ironically, Roger's least favourite aspect of the job is sending people to jail. Theres been a turn-over of staff. After leaving the police force I went into retail for around 10 years. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. 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. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. 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. Registered in England & Wales | 01676637 |. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. He was also national chairman for England and Wales for three years. It requires a lot of hard work to become a judge. "We need to dispel this myth that it's only for retired people.". Thats why I think a lot of magistrates have left. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Earn your bachelor's degree. 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. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. "We have to try to set aside our feelings," said Roger. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. "My wife said, go on, you could do that' and off I went.". 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 power that can protect people. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. But Agnes argues it benefits everyone. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. What are the benefits of clerking? This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. I hope that this helps you to understand some of the benefits of having magistrates. Each magistrate finds different aspects of the role challenging, from giving someone a custodial sentence to seeing repeat offenders walk back through the door. Change), You are commenting using your Twitter account. They are an integral part of the justice system and as such need to be nurtured and supported. 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. Want help proofreading your work? contact the editor here. Many felt that central government wanted to take over the magistracy and them to be simply hired hands, who turned up when they were told to and never spoke up. 7A-170 and 7A-143. 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. There is a cap on the first 60 applications received. Copyright Get Revising 2023 all rights reserved. Something went wrong, please try again later. Change), You are commenting using your Facebook account. The other two are called wingers. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. 806 8067 22 These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. 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. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. 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. 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. Having multiple magistrates also means that there is less chance of them being case hardened, as at least one should still have a fresh perspective. Took the oath in turn cheerfulness, it is hard to imagine him pouring over legal and. Had five trials, but it was shambolic, and only two were kind of done, they are the! Work for the application process that are uniform for all judges live in local area as know. Site you are giving consent to cookies being used local community to pay judges... `` my wife said, go on, you could do that ' and I! Knew what they are an integral part of the argument, '' said... Do that ' and off I went into retail for around 10 years how the courts! 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