The stats do little to dispel that. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. It is often highly regarded. (LogOut/ Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. Or by navigating to the user icon in the top right. What are the benefits of being a magistrate? 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. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. Again, these will initially be heard by a bench before a decision is made. 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. 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. Something went wrong, please try again later. Its the little wins that really make it worth it, says Kevin Moody. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. 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). In the final piece in our series, we look at the magistrates themselves. 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. The day may come when magistrates courts exist only where there is a Crown Court. I hope you have a fruitful time here. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused. The person must pass the test administered by the judicial service. "It can be distressing at times but also extremely rewarding as you get to help. I am a law graduate. Seeing them go to prison and then be released only to go back in again when they reoffend. That feels good." 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. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Professional Proofreading and Copy-Editing. 806 8067 22 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. You may gain additional skills if you choose to receive special training to take on another role eg as a presiding justice or a mentor. There are about 14,000 magistrates in England and Wales who sit . That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. Copyright Get Revising 2023 all rights reserved. Want help proofreading your work? 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. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. 7. 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. Its little wins like that which make it really rewarding.". Editors' Code of Practice. My family were in attendance and smiled proudly as I completed my lines. Have your say in our poll, A horse rider has sparked a debate by asking drivers to be more considerate, He sits on the Lord Chancellor's Advisory Committee for Lincolnshire, He is also vice chairman for the Deepings raft race, Other charities he helps include the East Anglia Air Ambulance and Deepings Age Concern, He has served as a magistrate for 19 years, Previously he was director of the London Underground, He is currently chair of the board at Leicester prison, He was chief magistrate for South Lincolnshire for three years, Then he was chief magistrate for the whole of Lincolnshire for another three years, He took on a national role and was Midlands regional chairman for five years. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. Now you are just a number. Change), You are commenting using your Twitter account. Employers are obliged by law to allow time off work for magistrates to perform their duties (see below), but it is at their discretion whether this is paid or unpaid leave. * For more information and an application form, visit www.dca.gov.uk/magistrates. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. "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. State court judges and justices also hire law clerks. Magistrates felt that if they were using their leisure or work time, they did not want to waste that time, or sit too often on dull cases. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. "Usually it's done as a last resort," he said. When we make a decision, it's a structured decision.". Save my name, email, and website in this browser for the next time I comment. Two stages of interviews will be held between May and June. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Without magistrates, would need 1000 more judges, saving of 100 million. 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. Its especially hard to see how people have fallen down the scale of life. 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"They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. This website and associated newspapers adhere to the Independent Press Standards Organisation's The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. Copyright Get Revising 2023 all rights reserved. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. Prosecution Biased- As untrained , they may side with the police. "I saw an article about the need for ordinary, working class magistrates," he said. Show What attributes does a magistrate need to have? But this will always prompt you to accept/refuse cookies when revisiting our site. 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. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. In court, a qualified legal advisor is always on hand to provide information about the law. Please be aware that this might heavily reduce the functionality and appearance of our site. We need 2 cookies to store this setting. 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. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. 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.". You can also change some of your preferences. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. Of course, magistrates are not entirely free there are still some costs associated with them. At one time the actual Mayor was the chair of the magistracy. In March 2018, I startedWritingLaw.com. Follow these steps to become a successful magistrate: 1. Change). 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. The main motive was to make a modern law website that is clean, comfortable, and has few ads. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. There are two categories of judicial service exams, and the eligibility criteria for both are different. Being a Magistrate is not usually a full-time job, nor is it paid. "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. 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. A law clerk is often a recent graduate. 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. A judge must hear both the parties (prosecution and defence). DeSantis won't say he's running. There are many benefits to employers supporting their staff to be magistrates. 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. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. 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. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. But, everything present on this planet has both negative and positive aspects. Because Agnes is right - there's a perception magistrates are "more mature". Otherwise you will be prompted again when opening a new browser window or new a tab. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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). 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. Inconsistent-May forget sentences due to working only 13 days a year. 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. As I said the words I did feel a sense of responsibility and duty to carry out my role to the best of my capabilities. I was my college topper for five years. 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.. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. I think that the point made about magistrates being under qualified is absurd. Eligibility for becoming a Supreme Court judge is: Every High Court consists of one Chief Justice and other judges as may be required from time to time. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. A Gannett Company. Paul v DPP- kerb crawling. 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. 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