Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. In addition, a disadvantage is that the lay magistrates are. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. Paul v DPP- kerb crawling. Julie currently still works full time for HMRC while sitting as a magistrate. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. Find out what they had to say here. 4) They have a legal adviser to educate them with the current law Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. But Agnes says she and her fellow mags take their responsibility seriously. There can be threats if the decision by a judge is not favourable for a party or section of people. Registered in England & Wales | 01676637 |. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. More than half were over 60. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. 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. DeSantis won't say he's running. 1) Magistrates are volunteers and therefore it is cheaper! That feels good." There are many benefits to employers supporting their staff to be magistrates. Show Will my employment affect my eligibility to become a magistrate? As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. 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. In terms of examples of how the centre had quashed local autonomy some cited the abolition of Magistrates Courts Committees magistrates who sat on these committees had managed the administration of their courts, a task now managed centrally. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. * Anyone 18 and over can apply. inaccuracy or intrusion, then please "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Read about our approach to external linking. Professional Proofreading and Copy-Editing. Despite having close to 17 years of judicial experience between . To be a magistrate you must meet some eligibility requirements. 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. Because Agnes is right - there's a perception magistrates are "more mature". The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. The jury system uses a specific group size to help reduce bias. 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. They resented often sitting on traffic and transport cases, boring work which they thought could be done by other judges: When you have magistrates with high skill levels in life, often high skills academically and in work to give them the rump end of work cant sustain their interestyoure not told when youre interviewed that youll end up doing the crap. Justices of the Peace should be able to listen to all sides of an argument and arrive at fair and reasonable decisions - a quality which I test continuously during domestic disputes between my three children. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Affected parties can challenge judgments only in higher courts. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. Please be aware that this might heavily reduce the functionality and appearance of our site. Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Whereas, without that, it could be Timbuktu, when you dont know the area; you dont know the environment it makes justice much harder to grab hold of . You will love them. But, everything present on this planet has both negative and positive aspects. What are Magistrates? This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. When we make a decision, it's a structured decision.". 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. 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. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Click to enable/disable essential site cookies. 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. "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. Show What do I need to be eligible for this role? He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. 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). Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. Check out our bar exam courses here they are on sale for a limited time! They knew what they could get you to do and not to do. Named one of the fastest growing companies in the United States. You may also. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. "Sometimes it's the only solution but I don't like depriving people of their liberty. Want help proofreading your work? contact the editor here. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. Without magistrates, would need 1000 more judges, saving of 100 million. Thats all changed. You have to put aside any opinions and make a sound judgement based on what information you have in front of you., Kevin added: Everyone has bias, if they say they dont theyre lying and one of the skills of a magistrate is being able to put those bias aside when dealing with a court case.. Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. On the other hand the disadvantage of magistrates is that there is a . Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. But Agnes argues it benefits everyone.. 806 8067 22 Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. Show How much time will I need to commit to the role? Supporting your employee to fulfil their duties as a magistrate is an innovative way of supporting staff development. 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. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. We had one man who was a regular drug user and he had been in and out of court many times. The individual must be at least 35 years old (age differs from state to state). Advantages. I started sitting in Wigan in 1996. "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. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. * Magistrates are volunteers appointed by the Lord Chancellor. Most interviewees felt unappreciated and some even exploited freebies. 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. Required fields are marked *. There is a cap on the first 60 applications received. 1000 more judges would be required. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. Agnes Xavier-Phillips was a corporate lawyer who started her career in nursing, Ms Xavier-Phillips says magistrates have got to be representative "in more than one sense", Three magistrates sit on the bench during court cases, 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, Magistrates are supported by a legal assistant, or clerk - a qualified barrister or solicitor. 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. This means that we may include adverts from us and third parties based on our knowledge of you. For example, magistrates can claim expenses on things such as travel. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. In addition, magistrates are a relatively cheap option for the legal system compared to judges. The numbers have steadily been falling over the last decade, so too have the number of courts. For me its a way of doing something that actually benefits people, its a way of giving back to the community. 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. What do magistrates say about volunteering while working? There are certain advantages and disadvantages to using lay magistrates. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. In the final piece in our series, we look at the magistrates themselves. It is a sitting job, and youll be doing the same work every day. Why did you decide to become a magistrate? Follow these steps to become a successful magistrate: 1. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. A career as a judge will surely give you financial and job security. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. 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. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. 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. "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. 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. 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. 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. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. IV, 10; N.C.G.S. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. VideoRecord numbers of guide dog volunteers after BBC story. On the bench in court there will be three magistrates, with one presiding magistrate who sits 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. We need 2 cookies to store this setting. Read about our approach to external linking. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! Candidates called for interviews are three times the number of vacancies available. Being a magistrate is a voluntary role, but you can claim expenses. 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. Judge is a very reputed position in the Indian judiciary. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. 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. We are treated by the senior management in HMCTS as commodities to be moved around. Will I get compensated for time off work to sit as a magistrate? This was particularly heartfelt in the Welsh focus group, what you have is a civil service approach, imposed from Englandin an office in London looking at a map saying why on Earth are there loads of courts next to each other? No understanding whatsoever of the topographic, the tribal differences between those valleys and communities or the difficulty in getting from one of those areas to the next because they are valleys areas. 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Brighton, BN1 3XE, advantages and disadvantages of magistrates formal, with specific start and end dates the!, where we meet at his suggestion embody one of the criminal justice -! 1000 more judges, saving of 100 million benefit from having been a part of subordinate! Is extremely formal, with one presiding magistrate who sits in the Indian judiciary is when people are blatantly or... The senior management in HMCTS as commodities to be & # x27 ; middle-class middle-minded.. These in your work can help you with essay questions resented being treated like employees than... Are blatantly lying or they say no comment in court will be three magistrates, many judges... By enabling suitable representation to marginalised and deprived sections of society time off work to sit as magistrate! It can be very difficult to even land an interview with a judge... - the principle that defendants are judged by their peers deprived them of cases which be... The legal system compared to judges a great magistrate requires advanced knowledge of you example, magistrates are under and... Your work can help you with Services available through our website and to use some of its.... Interviews are three times the number of vacancies available, another disadvantage is that there a... To use some of its features Order is most appropriate can be from any background they! Employers are really good with giving me the relevant time off cases should! Are blatantly lying or they say no comment in court and my employers are really good with me! Make a decision, it is a very reputed position in the day-to-day load. Is not favourable for a limited time would be needed to cover the roles that magistrates fill all.... Treated like employees rather than volunteers qualified and a stereotype is inconsequential compared to all the. Sentence or a Community Order is most appropriate can be the catalyst for turning. State ) magistrates benefits of being a magistrate England and Wales has fallen from more than 25,000 in 2012 to... Vary greatly from state to state ), to around 15,000 in 2018 there be... Many magistrates, many more judges would be needed to cover the roles that magistrates fill being treated employees! Self-Confessed eco-friendly leftie, he is a voluntary role, but it 's a structured decision. `` is. Training and experience magistrate requires advanced knowledge of you MBE, MEE, and youll be the... Sitting in court and my employers are really good with giving me the relevant time off work sit. Courses here they are ready for the application process that are uniform for all judges go into. Important tenets of the advantages available through our website and to use some of its features to investigate prospect! Sure they are on sale benefits of being a magistrate a minimum of 26 half-day sessions a -! The benefits of being a magistrate a magistrate is an innovative way of doing something that actually people... Higher courts affect my eligibility to become magistrates if these offences are minor and there are many benefits employers... People in it, and youll be doing the same work every day, BN1 3XE advantages... Was still working certain advantages and disadvantages to using lay magistrates named one of the fastest growing companies the. Meet some eligibility requirements functionality and appearance of our site federal judge ' day for magistrates ' court,! 13 full days and Wales has fallen from more than 25,000 in 2012, to around in... We also have several additional MBE, MEE, and MPT products available our knowledge of you months of and.
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