Excerpts and links may be used, provided that full and clear credit is given to Carmine Proofreading with appropriate and specific direction to the original content. Check out our bar exam courses here they are on sale for a limited time! Career clerks often continue working for the judge for an undisclosed period of time. What transferable skills will a magistrate bring to an organisation? There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. The BBC is not responsible for the content of external sites. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. 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. 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. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. A Gannett Company. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. "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. The length of time since they committed the offence is also a factor. Benefits and Allowances of a Judge Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: House rent allowance Travel allowance Electricity bill Phone bill Vehicle maintenance Pension after retirement Executive Magistrate vs Judicial Magistrate Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. We find this increasingly difficult to accept. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. 4% are under 40, 50% are over 60. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. Public confidence- Like everyone else, and have life experiences. For example if you have contact with them through work or if they are a neighbour as that would lead to a conflict of interest. "It affects me but it doesn't affect my decisions. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. Candidates called for interviews are three times the number of vacancies available. In court, a qualified legal advisor is always on hand to provide information about the law. Show Will my employment affect my eligibility to become a magistrate? Cost-Magistrates are unpaid, but judges earn 90,000. 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. They are an integral part of the justice system and as such need to be nurtured and supported. "Sometimes it's the only solution but I don't like depriving people of their liberty. State court judges and justices also hire law clerks. Will I get compensated for time off work to sit as a magistrate? Representative of Society-people from all ethnicities. I had five trials, but it was shambolic, and only two were kind of done. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. A person appointed as a judge of the Supreme Court must be a citizen of India and possess a degree of Law from a recognised university. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. Sky News presenter Gillian Joseph is a court magistrate. But this will always prompt you to accept/refuse cookies when revisiting our site. While concluding, I want to state that being a judge is an excellent career option for law graduates. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. A career as a judge will surely give you financial and job security. Looking to pass the MPRE? For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. You will get full training for the. This site is part of Newsquest's audited local newspaper network. contact IPSO here, 2001-2023. Its so sad. Ironically, Roger's least favourite aspect of the job is sending people to jail. 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. Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. As always you can unsubscribe at any time. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. For a magistrate position a person does need to hear clearly . The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. 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. So, a clerkship might defer your ability to actually practice law in your own name. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. "Some people are caught in the social trap. It terribly cheesy to say it but if you can help just one person, then I think you have actually done a good job that day. 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. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. Change), You are commenting using your Twitter account. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. Show How much time will I need to commit to the role? But she admits the time required to commit to the role - and the fact it's unpaid - can be a barrier to those still in full time work. Thats why I think a lot of magistrates have left. Above all magistrates felt undervalued. If you have a complaint about the editorial content which relates to Judges often hire law clerks one to two years in advance of the date on which the clerk will actually start working for the judge. 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. Mains examination is a subjective paper. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. 49%are women. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. 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. Advantages. Data returned from the Piano 'meterActive/meterExpired' callback event. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. I felt that I had been called upon to truly serve the community. 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. All of the research and writing involved in a clerkship is for the judges review and/or signature. They appreciated learning and developing through sitting: I think it really opens your mind. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. The appointment of judges depends upon the vacancies available. Click to enable/disable Google reCaptcha. Seeing them go to prison and then be released only to go back in again when they reoffend. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. 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. We will also look more closely at the magistrates themselves and consider the benefits they bring. Paul v DPP- kerb crawling. Check to enable permanent hiding of message bar and refuse all cookies if you do not opt in. * Magistrates are volunteers appointed by the Lord Chancellor. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. 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. Want help proofreading your work? As a subscriber, you are shown 80% less display advertising when reading our articles. Change), You are commenting using your Facebook account. Named one of the fastest growing companies in the United States. David Milner Scudder first sat as a magistrate in Peterborough. There are two types of clerkships: term clerks and career clerks. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. 4) They have a legal adviser to educate them with the current law 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. 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 . Please be aware that this might heavily reduce the functionality and appearance of our site. It is often highly regarded. What are the benefits of clerking? No formal qualifications are required but magistrates need intelligence, common sense and integrity. 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; Disadvantages. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. They knew what they could get you to do and not to do. Earn your bachelor's degree. There are many benefits to employers supporting their staff to be magistrates. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". 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. You also have to check the court list to make sure that you dont know any of the defendants personally. 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. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Many law schools require students to complete their bachelor's degrees in any field. Find out what they had to say here. * Employers are obliged to give magistrates time off work under the Employment Rights Act 1996, and if they choose not to pay them the state will refund their earnings. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. Term clerks often serve in the position for 1 to 3 years. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. She said: Being a magistrate fits in really well with my full time career. 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. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. 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. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. 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. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. 2023 Magistrates Association. 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. Save my name, email, and website in this browser for the next time I comment. Inconsistent-May forget sentences due to working only 13 days a year. 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. "We need to dispel this myth that it's only for retired people.". We also use different external services like Google Webfonts, Google Maps, and external Video providers. 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. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. Being a Magistrate is not usually a full-time job, nor is it paid. 7A-170 and 7A-143. At 11 o-clock I was shopping because we were sent home. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You will love them. Again, these will initially be heard by a bench before a decision is made. We had one man who was a regular drug user and he had been in and out of court many times. How to Study and Prepare for Judiciary Exam 3. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. In March 2018, I startedWritingLaw.com. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. They must be able to sit for at least 26 half days a year. What are Magistrates? 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. The individual must be at least 35 years old (age differs from state to state).
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