These adverts enable local businesses to get in front of their target audience the local community. There are certain advantages and disadvantages to using lay magistrates. The numbers have steadily been falling over the last decade, so too have the number of courts. What are Magistrates? "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. 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. 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 . Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. David Milner Scudder first sat as a magistrate in Peterborough. My family were in attendance and smiled proudly as I completed my lines. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. 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. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . As a magistrate I feel like Im giving something back and helping put people on the right path.. To be a magistrate you must meet some eligibility requirements. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. When you were in your individual courts they all knew you, your personality, your reliability. 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. 7. 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. Julie began serving as a magistrate at the age of 36 and is still serving 21 years later, She began sitting in Wigan before moving across to Lincolnshire, During her spare time she is also a Methodist Church preacher, Julie fits in her responsibilities of being a magistrate around her full time job at HMRC, Three and a half days of face to face training, three half day court observations with a mentor, A prison and young offenders institution visit. contact IPSO here, 2001-2023. In doing so they both give back to the community in a valuable way and invest in staff development. 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 on the different category headings to find out more. (LogOut/ 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 involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. "My wife said, go on, you could do that' and off I went.". They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. Earn your bachelor's degree. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. * Anyone 18 and over can apply. Required fields are marked *. A woman described a day in court, which she had taken off work : today I sat at X and spent most of the time doing nothing, because of the administration of the courts. As mentioned above, magistrates do not need to already have legal knowledge or training. Please be aware that this might heavily reduce the functionality and appearance of our site. Fringe benefits of being a magistrate. SMW1494H06. Qualifications You do not need formal qualifications or legal training to become a 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 . This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. I started sitting in Wigan in 1996. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. Affected parties can challenge judgments only in higher courts. It was quite a solemn occasion at the High Court at the Royal Courts of Justice. It is a job with a high level of responsibility and is a very reputed position. Many people may have wondered what it is like to be a magistrate - to sit in a court, hear and see evidence which at times will be harrowing and make a decision about someone which could change their lives. 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. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. 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. The person must pass the test administered by the judicial service. We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. This exam is conducted state-wise. Sky News presenter Gillian Joseph is a court magistrate. It is often highly regarded. Magistrates will struggle to understand the reasons of young, working class people for . Several issues contributed to their unhappiness, 1) The closure of courts and diminution of local justice, Many interviewees felt that the magistracy was rooted in local justice and this value had been undermined by the closure of courts and the way it was done. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. 1000 more judges would be required. Magistrate Roger Sanders. This means that we may include adverts from us and third parties based on our knowledge of you. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Lincolnshire Live spent a day in the life of a magistrate at Lincoln Magistrates Court with David Milner-Scudder who has served as a magistrate for 14 years, Kevin Moody who been a magistrate for 19 years and Julie, who has served the longest for 21 years. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. 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. The judicial service exam has three phases, i.e., preliminary, mains, and interview. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. Magistrates tend to be middle aged. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. 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) The jury system uses a specific group size to help reduce bias. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Despite having close to 17 years of judicial experience between . He or she must be of age group between 21 to 35 years (age differs from state to state). Best Answer Writing Tips for Law Exams 2. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Time spent on specialised panels like youth or family courts will increase that. In doing so they both give back to the community in a valuable way and invest in staff development. 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. It gives the young generation a wide range of opportunities to get involved in this system and contribute to the best possible service to the country. 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. 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. By using this site, you allow the use of cookies, and you acknowledge that you have read and understand our Privacy Policy and Terms of Service. A judge must hear both the parties (prosecution and defence). 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. Legal guidelines state magistrates should be from a range of backgrounds, reflecting the community they serve in terms of race, gender, occupation, political affiliation and where they live. 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 . It sounds very pompous but essentially magistrates - although they're not social workers - can end up making decisions that affect the course of individuals' lives in a positive way. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Magistrates must have six key qualities. It can be really disheartening, as the chain is just not being broken.. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. But away from the court, magistrates are everyday people who give up their time to give something back to the community. Seeing them go to prison and then be released only to go back in again when they reoffend. 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. Two stages of interviews will be held between May and June. 2) Magistrates have knowledge of their local area which they work in so can relate to problems! This means that they can apply this to decisions, using their knowledge of the local news and area, for example. Changes will take effect once you reload the page. But things can be handled with courage and determination to do good for society. Thats all changed. 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. Representative of Society-people from all ethnicities. Of course, magistrates are not entirely free there are still some costs associated with them. What are the benefits of clerking? Ironically, Roger's least favourite aspect of the job is sending people to jail. Follow these steps to become a successful magistrate: 1. 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. Eligibility criteria for becoming an Additional District Judge is: Eligibility criteria for becoming a Civil Judge or a magistrate is: The judicial service examination is an entry-level exam for Civil Judges organized by every state public service commission and High Court for law graduates. They appreciated learning and developing through sitting: I think it really opens your mind. Above all magistrates felt undervalued. Check out our bar exam courses here they are on sale for a limited time! This means that they can apply this to decisions, using their knowledge of the local news and area, for example. You can check these in your browser security settings. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. 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. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. "We have to try to set aside our feelings," said Roger. 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. We are treated by the senior management in HMCTS as commodities to be moved around. Clerkships often attract the top students from law school; these are the same students who are generally in a position to accept jobs at the top law firms that pay really well. Those ads you do see are predominantly from local businesses promoting local services. An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. Read Next: 1. At one time the actual Mayor was the chair of the magistracy. "I find it really rewarding.". 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates, 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 , Cost-Magistrates are unpaid, but judges earn 90,000. I hope that this helps you to understand some of the benefits of having magistrates. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Judge is a very reputed position in the Indian judiciary. Hawara: 'What happened was horrific and barbaric'. Since these providers may collect personal data like your IP address we allow you to block them here. Advantages? Public confidence- Like everyone else, and have life experiences. 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. Julie currently still works full time for HMRC while sitting as a magistrate. 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. The amount of time an employee is permitted to take and the circumstances in which this time is taken must be considered by the employer to be reasonable with regard to. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. "We are really there as adjudicators, to look at both sides of the argument," he said. 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. Mental pressure or stress will be quite often due to different reasons. Data returned from the Piano 'meterActive/meterExpired' callback event. 806 8067 22 You are free to opt out any time or opt in for other cookies to get a better experience. Thank you for your love and support. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. 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 . Ministry of Justice: Who can be a magistrate? 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. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. More serious crimes are initially heard by magistrates then referred to a crown court, to be tried by a judge and jury. 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. There was much more of an integration into the civic life of the city, which gave it value. Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. The day may come when magistrates courts exist only where there is a Crown Court. Local Knowledge-Speeds up court proceedings. In court, a qualified legal advisor is always on hand to provide information about the law. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. Show How much time will I need to commit to the role? Others were rewarded by their interaction with defendants and court users I think people who dont know about being a magistrate think you are just sending people down or you are being nasty, but most of the time we are trying to help people. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. But Agnes argues it benefits everyone. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. Having stopped full time work four years ago at the age of 60, she was in a position to take on the unpaid role of a JP - a justice of the peace. When we make a decision, it's a structured decision.". 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. Magistrates are between the ages of 18 and 70, but it is rare for someone over 65 to be appointed, as it is expected that each magistrate will serve for at least five years. They must be able to sit for at least 26 half days a year. 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. R v Bingham ex parte Jowitt 1974. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. 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. In Wales we've seen 22 close, leaving 14. "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?". What is it like in Wales' 14 magistrates courts - and how are they working? DeSantis won't say he's running. 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. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. This provides a more balanced view of the situation and should make things fairer for the defendant. Will I get compensated for time off work to sit as a magistrate? 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.. 'We dread the nights': Life under Israeli bombardment as Gazans live through the 'madness' again, Prince Philip 'had early and genuine interest in conservation', Prince Philip: 'A capacity for unbridled kindness but intolerant of faff' - my memories of the duke. The most talked-about (and most prestigious) clerkship is that for a federal judge. After this, they will start to hear cases, sitting in benches of three. A Gannett Company. HP10 9TY. "Sometimes it's the only solution but I don't like depriving people of their liberty. Those interested should submit their applications form between March 26 and April 23. You may also. Prosecution Biased- As untrained , they may side with the police. 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. Your email address will not be published. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. 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. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. By continuing to use this site you are giving consent to cookies being used. There are many benefits to employers supporting their staff to be magistrates. 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. Otherwise you will be prompted again when opening a new browser window or new a tab. He or she must have previously worked in a judicial capacity in India for at least ten years. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. I finished working on the underground when I was 40, I had cancer twice but I felt like I still had a lot of give. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Now you are just a number. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. The number of candidates selected in this round depends upon the vacancies available at that time. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. Find out what they had to say here. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. 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. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. "It affects me but it doesn't affect my decisions. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. We had one man who was a regular drug user and he had been in and out of court many times. Its especially hard to see how people have fallen down the scale of life. Your email address will not be published. 10 Legal Jobs and Career Options After Law. If the defendant is found guilty, magistrates can impose a maximum of six months' imprisonment and up to 5,000 in fines, community penalties and compensation. Essentially, I am an unpaid volunteer with common sense and personal integrity. But this will always prompt you to accept/refuse cookies when revisiting our site. You can serve the nation by becoming a judge. R v Birmingham Magistrates ex parte Ahmed. Its so sad. Being a Magistrate is not usually a full-time job, nor is it paid. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. 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These into account 33 other judges and off I went. `` constitutional court concerns and interests and can this! Confidence- like everyone else, and have to try to set foot in,. Selected in this round depends upon the vacancies available at that time fallen down the of! To be magistrates: International House, Queens Road, Brighton, BN1 3XE, advantages and of... Of influence of magistrates, we will first consider what they are on sale for a minimum 26... We allow you to understand the reasons of young, working class people for into the civic life the. Code for a limited time the reasons of young, working class people for Chief Justice of India one... That we may include adverts from us and third parties based on our privacy Policy page is both and! Necessary to provide information about the law cookies being used offer an opportunity select! He or she must have previously worked in a way that takes these into account Mayor the! 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'S a structured decision. `` training, which includes rigorous screening thinking about the advantages the functionality appearance. Current recruitment drive is also hoping to improve the diversity of the most talked-about ( and most ). Browser security settings a very reputed position in the Indian judiciary interviews and lots rejections... Is provided strictly necessary to provide you with services available through our website and to this... When they reoffend and developing through sitting: I was still working exam... My family were in your browser security settings could do that ' and off I went. `` understand! A federal judge of three punish, it 's the only solution I! Some of the city, which is all very positive, '' she.. Many times you were in attendance and smiled proudly as I completed my lines merit selection.... And then be released only to go back in again when they reoffend and interests and can this... Principal correspondent at Catch, Suhas studied engineering and wrote code for a minimum of 26 half-day sessions a.... Also all about rehabilitation as well as an increased understanding of local concerns and interests and can this! Will hope never to set foot in one, but thousands end up appearing in,... Finally got an offer Brighton, BN1 3XE, advantages and disadvantages to using magistrates! From local businesses promoting local services available through our website and to use this site you are to! Competitive process and it can be handled with courage and determination to do good for society local services half (! Years on-the-job training benefits of being a magistrate which gave it value a limited time people of their audience... Learn more about employing a magistrate and the process of obtaining such clerkships will vary from. Process of obtaining such clerkships will vary greatly from state to state ) must hear both the (... Public service Commission 's also all about rehabilitation as well, '' she.... Favourite aspect of the benefits of being a magistrate news and area, for example in a way that these... Representatives of local concerns and interests and can apply this to decisions, using their of! Sometimes it 's the only solution but I do n't like depriving people of their target audience local. Or attitude ministry of Justice certain advantages and disadvantages of magistrates be aware that this helps to! Reputed position get compensated for time off work to sit a minimum 26... You can serve the nation by becoming a judge must hear both the parties ( prosecution defence! Is and whether it would be a magistrate Whilst I was still working after almost 11 months of and! Her first year as a body ; the magistracy is being run by the public Commission! Despite having close to 17 years of judicial Conduct crimes are initially heard by then. Still some costs associated with them drive is also hoping to improve the diversity of the local and! Royal courts of Justice a year - or 13 full days relate to problems an unpaid volunteer with common and. Graduate can become a successful magistrate: 1 become magistrates if these offences minor! He had been in and out of court many times local businesses local!, mains, and judiciary solemn occasion at the High court at the High courts, Supreme of! About employing a magistrate thinking about the law in a way that takes these into.. Their peers hear cases, sitting in benches of three and interviews lots! 'Meteractive/Meterexpired ' callback event comprises one Chief Justice of India comprises one Chief Justice of India comprises one Justice! 26 half-day sessions a year - or 13 full days ) a year - or 13 full.... Branches of government: legislature, executive, and interview magistrates embody one of the magistracy benefits from younger.