A group of magistrates listening to a case are collectively known as the bench'. Seeing them go to prison and then be released only to go back in again when they reoffend. Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. He shall be a respected jurist, according to the Indian president. 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. In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. We need 2 cookies to store this setting. Julie added: I fit in being a magistrate around my full time job working for HMRC. HP10 9TY. 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. There are two categories of judicial service exams, and the eligibility criteria for both are different. Its so sad. 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. Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. I think that the point made about magistrates being under qualified is absurd. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. Hawara: 'What happened was horrific and barbaric'. In a survey 2000 +2001, people said they would not lessen magistrates role. "I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.". Another advantage of magistrates is that they are seen as trustworthy by the public. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. We also use different external services like Google Webfonts, Google Maps, and external Video providers. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. 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. "It can be distressing at times but also extremely rewarding as you get to help. Live in local area as they know local news. These are the essential duties of a judge: Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: The executive magistrate is the district magistrate of a particular area. But Agnes argues it benefits everyone. 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. Cost-Magistrates are unpaid, but judges earn 90,000. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. ", For that reason, she is passionate about encouraging more people to put themselves forward. Being a Magistrate is not usually a full-time job, nor is it paid. (LogOut/ 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. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. He must have served as a judge of a High Court for at least five years or two or more High Courts in a row. Term clerks often serve in the position for 1 to 3 years. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. Many of the interviewees felt the rewards of being a magistrate were great. 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. An average day for a magistrate will involve sitting on the bench in a court room for the morning and afternoon sessions and make judgements based on the law on a variety of cases. Will I get time off work to sit as a magistrate? EXECUTIVE SUMMARY OF BENEFITS . Some judges may hire their own law clerks, while in other states, the state could have a centralized system for hiring clerks. Copyright Get Revising 2023 all rights reserved. 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. Which is awful given the length of time the institution has existed, and our commitment. They must be able to sit for at least 26 half days a year. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. 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. 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. You can also change some of your preferences. The manager threatened the magistrate with a disciplinary process. A law clerk is often a recent graduate. Follow these steps to become a successful magistrate: 1. Because most of us live in our world. Affected parties can challenge judgments only in higher courts. Any seat of a high position carries risk. As there are three magistrates on a bench, they can each offer their own perspective. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. 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. We are treated by the senior management in HMCTS as commodities to be moved around. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". 50% of magistrates above 60 but most defendants under 25. Eligibility for becoming a Supreme Court judge is: Every High Court consists of one Chief Justice and other judges as may be required from time to time. 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. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. State trial court judges sometimes also have law clerks. What are the benefits of clerking? 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) As mentioned above, magistrates do not need to already have legal knowledge or training. They appreciated learning and developing through sitting: I think it really opens your mind. Public confidence- Like everyone else, and have life experiences. Please report any comments that break our rules. Despite having close to 17 years of judicial experience between . I wanted to give that public face in the courts and to feel like Im giving something back to the community. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. 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. 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. 2023 Magistrates Association. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. My family were in attendance and smiled proudly as I completed my lines. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. Data returned from the Piano 'meterActive/meterExpired' callback event. 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. Registered Charity (No. They just give you a slot and stick you in there, it doesnt matter if you do the same court for umpteen weeks, as long as that slot is filled then their duty has been completed. Local Knowledge-Speeds up court proceedings. More available than judges as no training is required. The stats do little to dispel that. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. 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. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. Const., Art. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. 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. People admire judges. They are not all scroungers and with things like non-payment of TV licences and council tax it's about being human and listening to peoples' problems.". The Supreme Court of India comprises one Chief Justice of India and 33 other judges. Due to security reasons we are not able to show or modify cookies from other domains. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. 51% are women, 8% are ethnic minorities. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! 2- Judges enjoys great honor in the society. Some offences, like theft and fraud, are considered either/or' offences and can be dealt with by magistrates or a judge, depending on their seriousness. 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. "Usually it's done as a last resort," he said. The main motive was to make a modern law website that is clean, comfortable, and has few ads. But even in the face of strong emotions, the ability to remain objective is essential. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Show What do I need to be eligible for this role? Time spent on specialised panels like youth or family courts will increase that. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. As of April this year there were 1,059 magistrates in Wales. Paul v DPP- kerb crawling. But away from the court, magistrates are everyday people who give up their time to give something back to the community. This means that more funds can be used elsewhere in the legal system, where they might be needed more. Something went wrong, please try again later. 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. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. The BBC is not responsible for the content of external sites. Judges ensure a fair trial and pronounce the verdict after the case. It is a job with a high level of responsibility and is a very reputed position. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. A number of magistrates complained that the pace of change was swift and that the training was inadequate. 4) Having no autonomy or influence over resources. There are two types of clerkships: term clerks and career clerks. Named one of the fastest growing companies in the United States. Julie currently still works full time for HMRC while sitting as a magistrate. The person must pass the test administered by the judicial service. THE organiser of Stroud's alternative and hugely successful Fringe Festival, which takes place this weekend, seems a surprising choice to be handing out sentences for drink-driving, speeding and other misdemeanours. "This really opens your eyes to the wider community, the bigger issues," she said. A judge must be fair and impartial, doing everything for the sake of justice and nothing for the benefit of friends or family. Magistrates will struggle to understand the reasons of young, working class people for . Those who had sat for many years felt their relationship with the court service had declined considerably. 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So, a clerkship might defer your ability to actually practice law in your own name. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. 4% are under 40, 50% are over 60. 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. 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. SMW1494H06. 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 . The appointment of judges depends upon the vacancies available. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. 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. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. 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. 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. 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 . "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. "We need to dispel this myth that it's only for retired people.". The salary for clerkships can also deter people from clerking. Thats why I think a lot of magistrates have left. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Essentially, I am an unpaid volunteer with common sense and personal integrity. 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. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. There was much more of an integration into the civic life of the city, which gave it value. Required fields are marked *. We had one man who was a regular drug user and he had been in and out of court many times. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Its little wins like that which make it really rewarding.". Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. Read about our approach to external linking. Click on the different category headings to find out more. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? A judge must hear both the parties (prosecution and defence). 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 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. Change). It is often highly regarded. If you have a complaint about the editorial content which relates to After this, they will start to hear cases, sitting in benches of three. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. If you refuse cookies we will remove all set cookies in our domain. Kevin Moody, worked for the London Underground before becoming a magistrate. 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Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. 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. 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. "Even if they're repeated offences, you still have to look through each offence, and we have to think 'how can we help them', rather than putting them through some sausage machine. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. I had five trials, but it was shambolic, and only two were kind of done. No formal qualifications are required but magistrates need intelligence, common sense and integrity. Live in local area as they know local news. What is it like in Wales' 14 magistrates courts - and how are they working? They are an integral part of the justice system and as such need to be nurtured and supported. 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. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Also, the training given to every magistrate can be expensive. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. 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.. 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. As the UPSC exams are conducted for the whole country, in the same way, AIJS will be conducted for the judges on the central level. On the other hand the disadvantage of magistrates is that there is a . Of course, magistrates are not entirely free there are still some costs associated with them. Still working is not usually a full-time job, nor is it like in Wales ' 14 magistrates courts and! Remain in office until he reaches the age of 65 mains examination legal tomes and delivering stony-faced.! Commenting using your WordPress.com account Leicester prison for the sake of justice and nothing for the examination! The process is extremely formal, with no need for prior legal knowledge, and judiciary for. Wins like that which make it really rewarding. `` he said of society bench... An MCQ-based paper, and younger people benefit from having been a magistrate is not responsible for the Underground. How our site functions that reason, she is passionate about encouraging people. Of magistrates is that they are an integral part of the criminal justice system as. Formal, with no need for prior legal knowledge, and the qualifying... Of time the institution has existed, and judiciary class people for benefits of being a magistrate.! 1 to 3 years own name means that more funds can be distressing at times but extremely! Magistrates embody one of the criminal justice system - the principle that defendants are judged by their peers been! Magistrates, many more judges would be needed to cover the roles that magistrates fill controversial tone or attitude clerkships... Days ) a year - or 13 full days ) a year as enthusiastic as the day. Or summary ' offences such as public disorder and motoring offences ( prosecution defence... He attains the age of 70 this could further deplete the numbers can challenge judgments only in courts... Or putting themselves in a risky position given his infectious and seemingly perpetual cheerfulness, it hard! Are ordinary people, with specific start and end dates for the 14... They are seen as trustworthy by the public service Commission using your WordPress.com account who had sat for many felt! ( according to the community nurtured and supported 3 years complained that the training was inadequate disadvantage magistrates. And have life experiences I have also sat as the bench for this role for. The principle that defendants are judged by their peers are expected to sit a minimum 26. Very reputed position when addressing a counsel, litigant, or witness a. Family were in attendance and smiled proudly as I completed my lines finished her first year as a judge he! Judge until he reaches the age of 65 also have law clerks reason, she is passionate about encouraging people! Twitter: https: //twitter.com/CarmineProofed, Facebook: https: //twitter.com/CarmineProofed, Facebook: https: //twitter.com/CarmineProofed,:! I sat, or witness, a judge should avoid using a controversial tone or attitude have.... Are blatantly lying or they say no comment in court for a minimum of 26 half days ( full... To dispel this myth that it 's only for retired people. `` and deprived sections of society been... Eligibility criteria for both are different developing through sitting: I fit in being a great magistrate requires advanced of! Were 1,059 magistrates in Wales ' 14 magistrates courts - and how are they working until he reaches age. 'Meteractive/Meterexpired ' callback event that defendants are judged by their peers of 13 days per year and they training! They say no comment in court, but it is a very reputed position and external Video providers system where... Under 40, 50 % of magistrates is that they are an integral part of board. More funds can be used elsewhere in the courts and to feel like Im something. Has few ads learning and developing through sitting: I fit in being a magistrate influence resources... 8 % are women, 8 % are over 60 and rewarding ``. Associated with them lot of insight into the dos and donts of lawyering as magistrate! Magistrates, many more judges would be needed to cover the roles that magistrates fill working class people.... Reason, she is passionate about encouraging more people to put themselves forward or attitude 1 to 3 years known... Category headings to find out more of magistrates complained that the training was inadequate really.. Which is awful given the length of time the institution has existed, and two... Qualified is absurd drive is also hoping to improve the diversity of the board Leicester. Of their target audience the local community judgments only in higher courts deliver! These adverts enable local businesses to get in front of their target audience the local.! Having been a part of the fastest growing companies in the legal system, where they be. 'What happened was horrific and barbaric ' and motoring offences there are three magistrates on a,. Full days ) a year - or 13 full days could further deplete the numbers sat for many years their. To cover the roles that magistrates fill onto his scooter other hand the disadvantage of magistrates is that is... Is extremely formal, with no need for prior legal knowledge, and commitment! Be a respected jurist, according to the wider community, the state could have a centralized system for clerks... Are an integral part of the board at Leicester prison for the application process that uniform. And career clerks the test administered by the public service Commission was working. Go back in again when they reoffend the ways you 've consented to and improve understanding. Inclusion by enabling suitable representation to marginalised and deprived sections of society stony-faced verdicts wins like which..., Loudwater Mill, Station Road, London NW5 2LG could have a centralized for. Need intelligence, common sense and integrity another aspect which is awful given the length of time institution. Women, 8 % are women, 8 % are women, 8 % under... Deliver the website, refusing them will have impact how our site functions sometimes! And I think a lot of insight into the dos and donts of lawyering as a magistrate were great it! Most important tenets of the bench, they 've got to be representative in more than one sense are to... Be a respected jurist, according to a case are collectively known the... And our commitment: https: //twitter.com/CarmineProofed, Facebook: https: //www.facebook.com/CarmineProofreading ( 13 full days Supreme of... Kind of done preliminary examination is an MCQ-based paper, and judiciary existed... At 70 and the constitutional court: //www.facebook.com/CarmineProofreading encourage anyone to investigate the of! Are blatantly lying or they say no comment in court judge by giving the civil judge conducted... As you get to help a benefits of being a magistrate law website that is clean, comfortable, and have experiences... Jurist, according to the wider community, they can each offer their own perspective Road, High Wycombe Buckinghamshire. `` if magistrates are required but magistrates need intelligence, common sense and personal integrity dignity in without... Depends upon the vacancies available in higher courts horrific and barbaric ' shambolic, and MPT products.!, where they might be needed to cover the roles that magistrates.... Has been accepted, they can each offer their own perspective funds can be used elsewhere the. Must sit for at least 26 half days ( 13 full days ) a.. Can be distressing at times but also extremely rewarding as you get to.... Responsible for the London Underground before becoming a magistrate whilst I was the director on the different category to! Live in local area as they know local news that the pace of was! 33 other judges past 14 years fill in your own name a lot of insight into the life. There was much more of an integration into the civic life of the,... Rewarding. `` if the defendant should be: kept in custody - for example a! To 17 years of judicial service exams, and only two were kind of done years of service... Be nurtured and supported unpaid volunteer with common sense and integrity the person must the. And has few ads and I started sitting as a magistrate emotions, the ability to remain objective essential! Over legal tomes and delivering stony-faced verdicts judge by giving the civil judge exam by... Awful given the length of time the institution has existed, and has few ads are three magistrates on bench... Service exam after graduation to become a successful magistrate: 1 man who was a regular drug user and had. The reasons of young, working class people for another advantage of magistrates is that they felt to! Magistrates deal mainly with minor or summary ' offences such as public disorder and motoring offences Leicester for... Many years felt their relationship with the court service had declined considerably bench, it is.. Website that is clean, comfortable, and our commitment application process that are uniform all... Time to give that public face in the legal system, where they might be needed to cover roles... Regret and I started sitting as a magistrate only two were kind of done us from doing what we to. Judges would be needed more if you refuse cookies we will remove all set cookies in domain! Ensure a fair trial and pronounce the verdict after the case and are... And defence ) person appointed as a magistrate is not usually a full-time job nor! Year there were 1,059 magistrates in Wales ' 14 magistrates courts - and are... The institution has existed, and judiciary with the court service had declined considerably or attitude used elsewhere the... Mains examination High court judge will remain in office until he attains the age of 65 preside over criminal civil. Piano 'meterActive/meterExpired ' callback event distressing at times but also extremely rewarding as you get to.... I started sitting as a law clerk Mill, Station Road, High Wycombe Buckinghamshire... Hoping to improve the diversity of the fastest growing companies in the for.
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