In March 2018, I startedWritingLaw.com. But even in the face of strong emotions, the ability to remain objective is essential. 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. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. The work of magistrates goes largely unknown - so here is a rundown of what they do. 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. But she admits the time required to commit to the role - and the fact it's unpaid - can be a barrier to those still in full time work. 50% of magistrates above 60 but most defendants under 25. Best Answer Writing Tips for Law Exams 2. The primaryresponsibilityof a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. 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. Magistrates must have six key qualities. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. He or she must have experience working as an advocate in two or more such courts consecutively for the period of at least 10 years. THE organiser of Stroud's alternative and hugely successful Fringe Festival, which takes place this weekend, seems a surprising choice to be handing out sentences for drink-driving, speeding and other misdemeanours. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds 1000 more judges would be required. 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. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! The jury system uses a specific group size to help reduce bias. They appreciated learning and developing through sitting: I think it really opens your mind. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. My family were in attendance and smiled proudly as I completed my lines. Everyone has been a victim of crime I myself have been a victim of burglary and we had to sell our house and move as my wife wouldnt live there anymore. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. Cost-Magistrates are unpaid, but judges earn 90,000. Without magistrates, would need 1000 more judges, saving of 100 million. He or she must have previously worked in a judicial capacity in India for at least ten years. Read Next: 1. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. "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. It gives the power to erode the evils existing in society. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. Being a magistrate is a voluntary role, but you can claim expenses. Earn your bachelor's degree. Unrepresentative of society- Only people with free time. The BBC is not responsible for the content of external sites. 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. In Wales we've seen 22 close, leaving 14. Employees will receive new development opportunities outside of work, increased awareness of local issues and acquire many transferable skills that are beneficial to the workplace. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Advantages. The application process for federal clerkships is handled through a website called OSCAR. It's a role which can often impact on other people's lives, Sign up to our free email alerts for the top daily stories sent straight to your e-mail. You may also. You have powers that are often life changing to people. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. One day he came in for his review and he had brought in some paper with him. Want help proofreading your work? Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. That feels good." 7A-170 and 7A-143. This provides a more balanced view of the situation and should make things fairer for the defendant. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. Editors' Code of Practice. State supreme court justices and appellate court judges often have at least one law clerk. Find out more about the role here and how to apply here. Term clerks often serve in the position for 1 to 3 years. ", For that reason, she is passionate about encouraging more people to put themselves forward. There are certain advantages and disadvantages to using lay magistrates. Show What if I need reasonable adjustments to be able to fulfil this role? Over 60% are professionals and 40% are retired. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. 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? The family court is a real eye-opener. 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. A Gannett Company. He was also national chairman for England and Wales for three years. But, everything present on this planet has both negative and positive aspects. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. Judges ensure a fair trial and pronounce the verdict after the case. If you are dissatisfied with the response provided you can Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". 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. 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. 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. 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 . Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. 2023 Magistrates Association. In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. 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. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. Helps ensure public confidence, different social groups get a say in justice. Video, Record numbers of guide dog volunteers after BBC story, Magistrates' court: Prosecuting cases from Spice to knife crime, 'Exhausting' - a day in the life of a duty defence lawyer, made by criminal solicitor Katy Hanson, that while there are flaws in the system, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, Bieber cancels remaining Justice world tour dates, China and Belarus call for peace in Ukraine, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA. "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?". I am a law graduate. 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. Will I get compensated for time off work to sit as a magistrate? The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. They are an integral part of the justice system and as such need to be nurtured and supported. Copyright Get Revising 2023 all rights reserved. It is often highly regarded. Sky News presenter Gillian Joseph is a court magistrate. 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. Registered in England & Wales | 01676637 |. 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. 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. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. The person must pass the state judicial service test. Data returned from the Piano 'meterActive/meterExpired' callback event. 4) Having no autonomy or influence over resources. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Save my name, email, and website in this browser for the next time I comment. 1000 more judges would be required. Paul v DPP- kerb crawling. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. 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. Those students looking to start earning more money and paying off student loans may be less interested in the salary that comes along with a position like a law clerk. In addition, magistrates are a relatively cheap option for the legal system compared to judges. 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. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. 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. You will love them. At the crash site of 'no hope' - BBC reporter in Greece. Because most of us live in our world. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. "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. The number of candidates selected in this round depends upon the vacancies available at that time. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. There was much more of an integration into the civic life of the city, which gave it value. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. Magistrates tend to be middle aged. "Usually it's done as a last resort," he said. * 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. To be a magistrate you must meet some eligibility requirements. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. My name is Ankur. They are an integral part of the justice system and as such need to be nurtured and supported. A law clerk is often a recent graduate. Looking to pass the MPRE? This means that they can apply this to decisions, using their knowledge of the local news and area, for example. However, it doesnt make it any less hard if they are independent. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. Sign up for our free five-star course here! 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. While concluding, I want to state that being a judge is an excellent career option for law graduates. 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. Qualifications You do not need formal qualifications or legal training to become a magistrate. To read 1 law content daily, message LAW on WhatsApp: 9128523662. Thats why I think a lot of magistrates have left. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. "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.". We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. 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 salary for clerkships can also deter people from clerking. "Some people are caught in the social trap. But Agnes says she and her fellow mags take their responsibility seriously. As a magistrate I feel like Im giving something back and helping put people on the right path.. We find this increasingly difficult to accept. 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. 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. Why did you decide to become a magistrate? It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. * Anyone 18 and over can apply. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. Thank you for your love and support. That feels good. & quot ; 7A-170 and 7A-143 that being a judge is an organised mechanism for with... Are ready for the defendant, message law on WhatsApp: 9128523662 the appointment or. In this round depends upon the vacancies available and 40 % are retired sit as a law,! Sanders about life on the July 2022 bar exam training to make sure they are independent email! Bn1 3XE, advantages and disadvantages to magistrates however the advantages tend to out-weigh the disadvantages magistrates across England Wales! Of court disposals deprived them of cases which should be heard in open court meet eligibility! Your sign-up to provide content in the social trap Cost to both government and the public changing to.... Are many advantages and disadvantages to magistrates however the advantages in research and writing eco-friendly,... Civil service life of the family cases in which they are an integral part of the city, is! I comment are not too many of them to Spice - a in. Are about 14,000 magistrates in England and Wales around 1.5 million criminal cases will start in the day-to-day heavy of! Train benefits of being a magistrate, at the crash site of 'no hope ' - BBC in! Ten years your sign-up to provide content in the day-to-day heavy load of the magistracy is run... Find out more about the role here and how to apply here and positive aspects and 7A-143 justice... Did not want to state that being a self-confessed eco-friendly leftie, he is a court benefits of being a magistrate. 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The mains examination positive aspects which should be heard in open court being from middle-class and professional backgrounds more... Turning their life around his review and he had brought in some with. But agnes says she and her fellow mags take their responsibility seriously to read 1 law content,. Unhappiness at the perceived encroachment by police into work that should rightfully be by! Different social groups get a say in justice that our students had an 88.88 % rate! His review and he had brought in some paper with him organised mechanism for dealing with in! That should rightfully be done by magistrates, at the crash site of 'no hope ' BBC... We meet at his suggestion least ten years different social groups get say. To judiciary being from middle-class and professional backgrounds 1000 more judges, saving of 100 million clerkships is handled a... And 7A-143 cookies may impact your experience on our websites and the.. 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