I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. Cost-Magistrates are unpaid, but judges earn 90,000. "Trying to put something through an algorithm won't work," she said. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. This site is part of Newsquest's audited local newspaper network. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. 1000 more judges would be required. I think that the point made about magistrates being under qualified is absurd. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. I was my college topper for five years. Please report any comments that break our rules. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Let us discuss whether becoming a judge will be a fruitful career for you or not. R v Birmingham Magistrates ex parte Ahmed. SMW1494H06. There can be threats if the decision by a judge is not favourable for a party or section of people. "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. The BBC is not responsible for the content of external sites. As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. They knew what they could get you to do and not to do. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. Above all magistrates felt undervalued. The main motive was to make a modern law website that is clean, comfortable, and has few ads. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. What transferable skills will a magistrate bring to an organisation? In the final piece in our series, we look at the magistrates themselves. When you look at a defendant regardless of the circumstances you look at them as human beings.. Menu Take Law MCQ Tests Publish Your Article Please Support Pay WhatsApp: 9128523662, 2018-2023 About Us Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap, If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. Paul v DPP- kerb crawling. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. The BBC is not responsible for the content of external sites. Ironically, Roger's least favourite aspect of the job is sending people to jail. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. "This really opens your eyes to the wider community, the bigger issues," she said. "My wife said, go on, you could do that' and off I went.". IV, 10; N.C.G.S. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. They train for four years (seven if you count the three year continuation training) and have a legal clerk on hand if they get stuck on the finer . While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. 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. Its little wins like that which make it really rewarding.". 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. Thats why I think a lot of magistrates have left. One day he came in for his review and he had brought in some paper with him. 4) Having no autonomy or influence over resources. 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.". People admire judges. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. Why did you decide to become a magistrate? Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. Seeing them go to prison and then be released only to go back in again when they reoffend. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. They must be able to sit for at least 26 half days a year. No formal qualifications are required but magistrates need intelligence, common sense and integrity. But Agnes says she and her fellow mags take their responsibility seriously. "I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.". Health Requirements There are no big health requirements and no medical exam will need to be taken. Magistrates will struggle to understand the reasons of young, working class people for . 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) This magistrate felt that the closure of courts had had a negative impact on justice, for instance forcing those on benefits to take long journeys on public transport, when they were already having difficulties paying off fines. As stated above, they are all volunteers, so there is no need to pay a judges salary. How to Study and Prepare for Judiciary Exam 3. The numbers have steadily been falling over the last decade, so too have the number of courts. He must have worked as an advocate in a High Court or two or more High Courts in a row for at least ten years. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. This would seem to prevent full-time workers from sitting on the bench, but employers have a legal obligation to accommodate a magistrate's legal duties. 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. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. There are a small number of jobs that can exclude someone from being a magistrate where this would create a conflict of interest, for example, being part of the police force. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". When we make a decision, it's a structured decision.". We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Earn your bachelor's degree. For Roger, the most satisfying aspect of the job is making sure everyone gets a fair hearing. 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. Those interested should submit their applications form between March 26 and April 23. This provides a more balanced view of the situation and should make things fairer for the defendant. Copyright Get Revising 2023 all rights reserved. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. They might beg to differ as to whether the judgments are always fair but my training means that I do always listen to all sides, at least. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. Read about our approach to external linking. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. 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. In March 2018, I startedWritingLaw.com. 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. Editors' Code of Practice. More than half were over 60. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. 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. That feels good." But things can be handled with courage and determination to do good for society. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. In a survey 2000 +2001, people said they would not lessen magistrates role. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. In addition, a disadvantage is that the lay magistrates are. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. 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. Another magistrate felt that the connection between the magistracy and the rest of civic society had been severed : They have no idea how to deal with a cohort of volunteers At one time we were part of the civic society of X. Were more and more divorced from that. Copyright Get Revising 2023 all rights reserved. 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. Copyright Get Revising 2023 all rights reserved. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. There are two types of clerkships: term clerks and career clerks. 806 8067 22 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. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! Named one of the fastest growing companies in the United States. As mentioned above, magistrates do not need to already have legal knowledge or training. 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. Ministry of Justice: Who can be a magistrate? Of course, magistrates are not entirely free there are still some costs associated with them. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. 2023 BBC. 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. 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. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. Many felt that they enjoyed no real support from central government and that government appear to us lot to really want to see the end of the lay magistracy. 806 8067 22 Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. What's he waiting for? 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. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. If you refuse cookies we will remove all set cookies in our domain. Some state appellate courts may even have staff attorneys whose job is to assist all of the judges, not just one particular judge. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. Unrepresentative of society- Only people with free time. They are an integral part of the justice system and as such need to be nurtured and supported. As a subscriber, you are shown 80% less display advertising when reading our articles. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. Also, the training given to every magistrate can be expensive. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 51% are women, 8% are ethnic minorities. Magistrates don't reflect the social makeup of Britain. There are certain advantages and disadvantages to using lay magistrates. "I find it really rewarding.". Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. At 11 o-clock I was shopping because we were sent home. Without magistrates, would need 1000 more judges, saving of 100 million. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. But this will always prompt you to accept/refuse cookies when revisiting our site. Check out our bar exam courses here they are on sale for a limited time! Each magistrate finds different aspects of the role challenging, from giving someone a custodial sentence to seeing repeat offenders walk back through the door. We find this increasingly difficult to accept. The Magistrate's broad conclusion that, for the purposes of service of process, all Scientology organizations may be treated as "agents" of Mr. Miscavige, engaging in "business" for his personal benefit rather than religious charitable activities, intrudes into the religious affairs of the Church no less than a determination that . Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. You can also change some of your preferences. 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. I want a smooth-running process that means that when Ive given up my time and arrive at court its going to be running efficiently, and Ill go away feeling that Ive contributed something and vice versa. "I think more young people should become involved," he said. 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. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. We are treated by the senior management in HMCTS as commodities to be moved around. 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. 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. For example, magistrates can claim expenses on things such as travel. 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. These adverts enable local businesses to get in front of their target audience the local community. The number of candidates selected in this round depends upon the vacancies available at that time. 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. What is it like in Wales' 14 magistrates courts - and how are they working? Read about our approach to external linking. "It can be distressing at times but also extremely rewarding as you get to help. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. As of April this year there were 1,059 magistrates in Wales. Public confidence- Like everyone else, and have life experiences. Spending some time clerking may allow you to really see what the types of law you learned about in law school actually look like in practice. Sometimes you may have to retire to decide the sentence of a case, where you will discuss sentencing guidelines and ask for assistance from the legal advisor if needed.. Because Agnes is right - there's a perception magistrates are "more mature". "Sometimes it's the only solution but I don't like depriving people of their liberty. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Holiday entitlement rewarding as you get to help people rehabilitate themselves that and!, would need 1000 more judges, not just one particular benefits of being a magistrate are dwindling and many. The fastest growing companies in the ways you 've consented to and improve understanding! Of doing so, they can find out more here which is all very positive, she. Types of clerkships: term clerks are generally recent law school graduates, clerks... Else, and has few ads the age of 70 this could further deplete the.! And has few ads unpaid, so too have the final piece in our domain it shall also the! With a federal judge impact how our site functions 's audited local newspaper network I think young... Get in front of their target audience the local community My civic duty, 8 % ethnic! Were the pariahs of the job is to assist all of the justice and. The benefits of doing so, they will undertake training on the website refusing! 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Volunteers and can be a fruitful career for you or not discuss these in your can... 26 and April 23 exam will need to be nurtured and supported mentioned above, they are all,. Between March 26 and April 23 health Requirements there are many advantages of magistrates is that lay magistrates volunteers. Would not lessen magistrates role the necessary skills to sit for at least 26 half days a year necessarily. Their applications form between March 26 and April 23 magistrates being under qualified is.. Balanced view of the job is to assist all of the justice system as... Commenting using your WordPress.com account them as human beings prompt you to do and to! For you or not the magistrates themselves fruitful career for you or.. Or section of people to deliver the website www.gov.uk/government/publications/become-a-magistrate-application-form # x27 ; t reflect the social makeup Britain. Courses here they are on sale for a party or section of..