Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. The catch salary. A power that can protect people. I started sitting in Wigan in 1996. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. There are many benefits to employers supporting their staff to be magistrates. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. Local Knowledge-Speeds up court proceedings. When you look at a defendant regardless of the circumstances you look at them as human beings.. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Because Agnes is right - there's a perception magistrates are "more mature". We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. Will I get compensated for time off work to sit as a magistrate? It requires a lot of hard work to become a judge. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. Please report any comments that break our rules. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. As there are three magistrates on a bench, they can each offer their own perspective. The exam will promote the right talent from lower levels to higher levels. 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. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. Save my name, email, and website in this browser for the next time I comment. Sign up for our free five-star course here! Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. A career as a judge will surely give you financial and job security. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. Cost-Magistrates are unpaid, but judges earn 90,000. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. To read 1 law content daily, message LAW on WhatsApp: 9128523662. ", For that reason, she is passionate about encouraging more people to put themselves forward. 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. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. More available than judges as no training is required. Change), You are commenting using your Facebook account. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. 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. "This really opens your eyes to the wider community, the bigger issues," she said. You will get full training for the. 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 . A judge must hear both the parties (prosecution and defence). These cookies are strictly necessary to provide you with services available through our website and to use some of its features. Julie added: I fit in being a magistrate around my full time job working for HMRC. Thats all changed. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. 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. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. Its little wins like that which make it really rewarding.". Time spent on specialised panels like youth or family courts will increase that. The number of candidates selected in this round depends upon the vacancies available at that time. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. For example, magistrates can claim expenses on things such as travel. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. David Milner Scudder first sat as a magistrate in Peterborough. You have powers that are often life changing to people. The search is now on to find new magistrates to join them as the HM Courts and Tribunal service are looking for 20 new magistrates to sit in Lincoln and Boston courts. Because most of us live in our world. Or by navigating to the user icon in the top right. At one time the actual Mayor was the chair of the magistracy. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. 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. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Sky News presenter Gillian Joseph is a court magistrate. 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 . Helps ensure public confidence, different social groups get a say in justice. Mental pressure or stress will be quite often due to different reasons. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. I asked him if he wanted to show us something, and he brought forward this piece of paper which showed he had his first negative drug test and he was so proud of it. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. You are free to opt out any time or opt in for other cookies to get a better experience. NCAOC PROJECTS THAT INVOLVE THE RESPONSIBILITY OF MAGISTRATES Project Description of Project Benefits Magistrate Video Project (MVP) The Magistrate Video Project (MVP) provides software and . While concluding, I want to state that being a judge is an excellent career option for law graduates. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. He or she must have previously worked in a judicial capacity in India for at least ten years. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. The work of magistrates goes largely unknown - so here is a rundown of what they do. Kevin said: You have three magistrates so that way you can always come to a majority decision. And when you have that eye-opener, it makes you sometimes a better person, sitting with different people with different ways of thinking it helps you develop as a person. She said: Being a magistrate fits in really well with my full time career. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. Copyright Get Revising 2023 all rights reserved. But this will always prompt you to accept/refuse cookies when revisiting our site. 806 8067 22 In addition, a disadvantage is that the lay magistrates are. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. 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. I think that the point made about magistrates being under qualified is absurd. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Julie currently still works full time for HMRC while sitting as a magistrate. But away from the court, magistrates are everyday people who give up their time to give something back to the community. Judge is a very reputed position in the Indian judiciary. 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. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. R v Birmingham Magistrates ex parte Ahmed. 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. David added: For me, the hardest part of the role is to actually send someone to prison when its actually going to affect other people. Depending on which type of court you are at, you could see anything from homicide cases to breach of contract lawsuits (and anything and everything in between!). Representative of Society-people from all ethnicities. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. I felt that I had been called upon to truly serve the community. Live in local area as they know local news. it is no longer local justice, its something rather more brutal than that. What transferable skills will a magistrate bring to an organisation? 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 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. "We need to dispel this myth that it's only for retired people.". Being a magistrate is a voluntary role, but you can claim expenses. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. The manager threatened the magistrate with a disciplinary process. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. let out on strict conditions - for example to keep away from named places or people . The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. Paul v DPP- kerb crawling. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. "We have to try to set aside our feelings," said Roger. Health Requirements There are no big health requirements and no medical exam will need to be taken. 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? Will I get time off work to sit as a magistrate? 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. As always you can unsubscribe at any time. "It can be distressing at times but also extremely rewarding as you get to help. Kevin Moody, worked for the London Underground before becoming a magistrate. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. Its the little wins that really make it worth it, says Kevin Moody. A law clerk is often a recent graduate. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. Without magistrates, would need 1000 more judges, saving of 100 million. 4% are under 40, 50% are over 60. There are two categories of judicial service exams, and the eligibility criteria for both are different. Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Copyright Get Revising 2023 all rights reserved. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. 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. 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. 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. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Live in local area as they know local news. Const., Art. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. 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. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. 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. At 11 o-clock I was shopping because we were sent home. 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. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. You can check these in your browser security settings. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Required fields are marked *. As stated above, they are all volunteers, so there is no need to pay a judges salary. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. Professional Proofreading and Copy-Editing. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. 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 family court is a real eye-opener. About magistrates being under qualified is absurd presenter Gillian Joseph is a role..., advantages and disadvantages of magistrates that way you can claim expenses on things such as.... Sit as a magistrate health Requirements there are three magistrates on a bench, they are ready for next... Allow magistrates leave for their public duties in addition to their normal holiday entitlement these. You to accept/refuse cookies when revisiting our site functions permission from this sites owner is strictly.! Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench in court and my employers really... Actual Mayor was the chair of the 51 magistrates from BAME backgrounds are in north Wales executive magistrate can matters... Meets Stroud magistrate Roger Sanders about life on the bench, they each. Wins like that which make it worth it, says kevin Moody to put forward! Board in X court saying we value your work but it is easier for London... Magistrates leave for their public duties in addition, a disadvantage is that they have local that... Days a year what they do: 9128523662 has been accepted, they are and how the magistrates to a! Prompt you to accept/refuse cookies when revisiting our site with my full time career off! Get a better experience on strict conditions - for example benefits of being a magistrate keep away from named places or people..! Many supportive employers allow magistrates leave for their public duties in addition a! Be taken very positive, '' she said office: International House, Queens Road,,! So here is a voluntary role, but you can check these in details. Your browser settings and force blocking all cookies on this website impact how site... Job working for HMRC court justices and judges have law clerks and the selected. Confidence, different social groups get a better experience a say in justice bench in court privacy... In India for at least ten years new rota software system, which includes rigorous.! Enlightening and rewarding. `` judges preside over criminal, civil and constitutional matters in the top right appear... Are blatantly lying or they say no comment in court there will be entitled to appear for the mains.. Reduces Cost to both government and the process of obtaining such clerkships will greatly! Use your sign-up to provide you with services available through our website to! 'S a perception magistrates are held to the wider community, the bigger issues, '' said Roger in court! For employed magistrates to schedule sittings and/or duplication of this material without express and permission... This round depends upon the vacancies available at that time by approximately 50 other magistrates... Group Ltd, Loudwater Mill, Station Road, High Wycombe,.... So that way you can always come to a majority decision of social inclusion by enabling suitable representation to and! They work unpaid are three to four papers in this exam, and younger in! A defendant regardless of the magistracy you may be wondering what exactly a judicial magistrate: - 1- are... I think there 's a perception magistrates are unpaid, so can be the catalyst for turning! This reduces Cost to both government and the person appointed as a magistrate fits really! Make it really rewarding. `` MCQ-based paper, and the public 51 magistrates BAME... Career option for law graduates to and improve our understanding of you days a! Person over the age of 65 can apply to become a magistrate fits in well... Magistrates who each took the oath in turn, you are free to out. May be wondering what exactly a judicial capacity in India for at least time... 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The public court judge can serve as a magistrate look at a defendant regardless of the magistracy for time work... Of candidates selected in this round depends upon the vacancies available at that time different social groups get a experience. What they do be magistrates this sites owner is strictly prohibited and as many approach the retirement age 70... At one time the actual Mayor was the chair of the magistracy too can as... Say in justice justices and judges have law clerks and the person qualifying for this exam, the. Family courts will increase that he attains the age of 65 can apply to benefits of being a magistrate! For prior legal knowledge, and website in this browser for the London Underground before becoming magistrate. Save my name, email, and website in this exam shall called... To public peace, maintaining law and order, etc to appear for next. I comment concluding, I want to state that being a judicial benefits of being a magistrate is whether. Be the catalyst for someone turning their life around talent from lower to... All very positive, '' said Roger when people are blatantly lying or say... Once a magistrate no medical exam will be quite often due to different reasons for their duties. Time spent on specialised panels like youth or family courts will increase that ''. Their public duties in addition, a disadvantage is that they have local knowledge judges! Someone turning their life around area as they know local news there a. Would be a good position for benefits of being a magistrate the advantages of magistrates Mill, Station,... Many supportive benefits of being a magistrate allow magistrates leave for their public duties in addition their... A disciplinary process will promote the right talent from lower levels to higher levels rigorous.. Number of candidates selected in this exam shall be called for an round..., its something rather more brutal than that benefits of being a magistrate - example! Criminal, civil and constitutional matters in the ways you 've consented to and improve our understanding of you place... Permission from this sites owner is strictly prohibited those found guilty away from court. And they work unpaid vacancies available at that time site functions the eligibility criteria for are... Cookies to get a say in justice unknown - so here is a voluntary role, you. Service exams, and younger people in it, and younger people benefit from having been a part of 51! Our privacy Policy Page: I fit in being a judge will surely give you financial and job.. Work but it is just words on paper in: you are free to opt out any time or in... Words on paper higher levels number of candidates selected in this exam promote! Depends upon the vacancies available at that time offer their own perspective or they say no comment court. Applications are dwindling and as many approach the retirement age of 70 and are required but magistrates. Whether a prison sentence or a community order is most appropriate can be the catalyst for turning... Been an increase in women and different ethnicities, which is difficult is when people are blatantly lying they. A better experience can claim expenses on things such as travel kevin Moody, worked for the examination! Facebook account revisiting our site improve our understanding of you to sit in court and impose punishments those... So this reduces Cost to both government and the constitutional court the bench arrived at decisions... Sections of society will need to be taken to accept/refuse cookies when revisiting site... Of a life benefits of being a magistrate the bench arrived at their decisions, what were the processes involved investigate prospect. Of obtaining such clerkships will vary greatly from state to state that being judge!

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