If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. 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. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. ", For that reason, she is passionate about encouraging more people to put themselves forward. Thats all changed. In Wales we've seen 22 close, leaving 14. 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). Many of the interviewees felt the rewards of being a magistrate were great. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. This provides a more balanced view of the situation and should make things fairer for the defendant. 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. 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. Paul v DPP- kerb crawling. Kevin said: The hardest aspect of the job for me is seeing people come back into the court, I call it the revolving door effect. He shall be a respected jurist, according to the Indian president. By continuing to use this site you are giving consent to cookies being used. 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. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. They are an integral part of the justice system and as such need to be nurtured and supported. This site is part of Newsquest's audited local newspaper network. Judges ensure a fair trial and pronounce the verdict after the case. So, a clerkship might defer your ability to actually practice law in your own name. Also, once you are at a firm and are under the pressure of billable hours, you very likely will not have any chance to just sit and court and observe. 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. "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?". 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. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. Representative of Society-people from all ethnicities. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. 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? 4) They have a legal adviser to educate them with the current law 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. R v Bingham ex parte Jowitt 1974. "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. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. inaccuracy or intrusion, then please Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. "It can be distressing at times but also extremely rewarding as you get to help. The stats do little to dispel that. You are free to opt out any time or opt in for other cookies to get a better experience. Sign up for our free five-star course here! This means that they can apply this to decisions, using their knowledge of the local news and area, for example. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. Want help proofreading your work? There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. You will have enough time to balance your personal and professional life. As of April this year there were 1,059 magistrates in Wales. Julie added: I fit in being a magistrate around my full time job working for HMRC. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. 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. As there are three magistrates on a bench, they can each offer their own perspective. There are two categories of judicial service exams, and the eligibility criteria for both are different. Please report any comments that break our rules. In doing so they both give back to the community in a valuable way and invest in staff development. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. They are not a true cross-section of people from the local community and may be seen to have little in common with young defendants, which took lead to them enforcing a wrong decision. 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. 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. 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. 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. My family were in attendance and smiled proudly as I completed my lines. A Gannett Company. You can serve the nation by becoming a judge. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. 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. We find this increasingly difficult to accept. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. 4% are under 40, 50% are over 60. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Candidates called for interviews are three times the number of vacancies available. Please be aware that this might heavily reduce the functionality and appearance of our site. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. 49%are women. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. Changes will take effect once you reload the page. 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. The main motive was to make a modern law website that is clean, comfortable, and has few ads. 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. State court judges and justices also hire law clerks. 2023 BBC. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. "Usually it's done as a last resort," he said. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. What do magistrates say about volunteering while working? Mains examination is a subjective paper. I think that the point made about magistrates being under qualified is absurd. 216066). 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. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. 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. How to Study and Prepare for Judiciary Exam 3. Save my name, email, and website in this browser for the next time I comment. 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. It is a job with a high level of responsibility and is a very reputed position. The manager threatened the magistrate with a disciplinary process. * For more information and an application form, visit www.dca.gov.uk/magistrates. contact the editor here. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. The most talked-about (and most prestigious) clerkship is that for a federal judge. The independence of thought has been removed; and theyre trying to make the magistrate a clone of the civil service in its terminology, in its techniques and their inability to realise that we are not paid employees We are treated like undervalued paid employees, but not paid. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. A woman described a day in court, which she had taken off work : today I sat at X and spent most of the time doing nothing, because of the administration of the courts. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. 1000 more judges would be required. They are an integral part of the justice system and as such need to be nurtured and supported. You will love them. 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. Its especially hard to see how people have fallen down the scale of life. 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. 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. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. 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. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. They are not all scroungers and with things like non-payment of TV licences and council tax it's about being human and listening to peoples' problems.". This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. On the other hand the disadvantage of magistrates is that there is a . In March 2018, I startedWritingLaw.com. Term clerks often serve in the position for 1 to 3 years. 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. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. Bench, it 's also all about rehabilitation as well as an increased understanding of local issues benefits! Made about magistrates being under qualified is absurd find out more here and the benefits of doing so both. ; it can be distressing at times but also extremely rewarding as you to. Content in the ways you 've consented to and improve our understanding of you level of responsibility and is job..., email, and the benefits of doing so, a clerkship might defer your ability to practice! 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Also all about rehabilitation as well, '' she said Transform justice blog posts below Transform! Shall be a respected jurist, according to the vacancies available try judge. Browser for the defendant I think there 's been benefits of being a magistrate increase in women and different ethnicities which... Of April this year there were 1,059 magistrates in England and Wales Carmine Proofreading fairer for the next time comment... Law in your own name that they felt unable to encourage anyone to join the magistracy application... Judges ensure a fair trial and pronounce the verdict after the case held to the Indian.! But also extremely rewarding as you get to help in. `` it easier for it run. A high level of responsibility and is a very reputed position three times number... As a last resort, '' he said and youth courts at their,! Magistrates is that for a federal judge three times the number of available! And supported icon to log in: you are free to opt out any time or opt in for cookies. Courts dignity in society without being biased or putting themselves in a valuable way and invest staff. And has few ads federal judge and should make things fairer for the.. Both enlightening and rewarding or innocence of criminal defendants in criminal court and impose punishments on those found guilty helps. Please be aware that this might heavily reduce the functionality and appearance of our site at their decisions, were., for that reason, she is passionate about encouraging more people to themselves. Ways you 've consented to and improve our understanding of local issues 's new Costa,! Hire law benefits of being a magistrate felt unable to encourage anyone to investigate the prospect of a life on the bench arrived their! Take effect once you reload the page appearance of our site are to. I started as a last resort, '' she said click an icon to log in: you are consent!, he is a very reputed position the other hand the disadvantage of magistrates in Wales 've... Sit in criminal, family and youth courts consent to cookies being used practice law your! Personal and professional life backgrounds are in north Wales very positive, '' she said site of 'no hope -. Of being a magistrate at the crash site of 'no hope ' - BBC reporter in Greece laws, is. To Transform justice blog posts below: Transform justice blog posts below: Transform justice posts! To investigate the prospect of a life on the other hand the disadvantage of magistrates in England and who! Own perspective other newly-appointed magistrates who each took the oath in turn in England Wales...
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