benefits of being a magistrate

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One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. We are treated by the senior management in HMCTS as commodities to be moved around. Most people between the age of 18 and 65 can apply although some criminal convictions for example, excessive points on a driving licence, may present difficulties as can potential conflicts of interest. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Another advantage of magistrates is that they are seen as trustworthy by the public. Those interested should submit their applications form between March 26 and April 23. But away from the court, magistrates are everyday people who give up their time to give something back to the community. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. That was the Judicial Oath and Oath of Allegiance that I took when I was sworn in and appointed to the magistracy on 18 May 2011. Read about our approach to external linking. Thats why I think a lot of magistrates have left. The appointment of judges depends upon the vacancies available. Helps ensure public confidence, different social groups get a say in justice. These adverts enable local businesses to get in front of their target audience the local community. At 11 o-clock I was shopping because we were sent home. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader. Paul v DPP- kerb crawling. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. 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. 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. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. 2023 Magistrates Association. 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. 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. 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. In court, a qualified legal advisor is always on hand to provide information about the law. 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. "I think more young people should become involved," he said. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. 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. As a subscriber, you are shown 80% less display advertising when reading our articles. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. It was quite a solemn occasion at the High Court at the Royal Courts of Justice. It requires a lot of hard work to become a judge. They knew what they could get you to do and not to do. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. But Agnes argues it benefits everyone. 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. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. 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. We also use different external services like Google Webfonts, Google Maps, and external Video providers. Julie currently still works full time for HMRC while sitting as a magistrate. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. "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. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. 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. "It can be distressing at times but also extremely rewarding as you get to help. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. 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. In terms of the scope of their work, the area under their jurisdiction and the kind of cases they handle, a judge is more powerful than a magistrate. 50% of magistrates above 60 but most defendants under 25. When you look at a defendant regardless of the circumstances you look at them as human beings.. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. The manager threatened the magistrate with a disciplinary process. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. They had had a personal relationship with their local Justices Clerk and other officials, which was no longer possible, partly due to budget cuts: the biggest problem weve faced in the last twelve months is the cut-back in administration. 51% are women, 8% are ethnic minorities. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. However, it doesnt make it any less hard if they are independent. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. 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. The application process for federal clerkships is handled through a website called OSCAR. There are two types of clerkships: term clerks and career clerks. Looking to pass the MPRE? A number of magistrates complained that the pace of change was swift and that the training was inadequate. Change). "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. The person must pass the state judicial service test. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds He or she must have previously worked in a judicial capacity in India for at least ten years. 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. I think that the point made about magistrates being under qualified is absurd. 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. Many law schools require students to complete their bachelor's degrees in any field. Prosecution Biased- As untrained , they may side with the police. Career clerks often continue working for the judge for an undisclosed period of time. As always you can unsubscribe at any time. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Mental pressure or stress will be quite often due to different reasons. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Health Requirements There are no big health requirements and no medical exam will need to be taken. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. This exam is conducted state-wise. I had enough money not to work anymore but I still wanted to give something back to the community and I had always had an interest in the law. State court judges and justices also hire law clerks. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Changes will take effect once you reload the page. As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. contact IPSO here, 2001-2023. In addition, if the magistrates come from different backgrounds and have had different experiences, they should each be able to see the case in different ways and come to a just outcome. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. Read about our approach to external linking. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. Being a magistrate is a voluntary role, but you can claim expenses. Its so infuriating as youre trying to help them but theyre just not helping themselves.. 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. 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. You will love them. They are unpaid but receive allowances to cover expenses. 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. 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. Seeing them go to prison and then be released only to go back in again when they reoffend. 2023 BBC. They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. The primaryresponsibilityof a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. * Anyone 18 and over can apply. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". More serious crimes are initially heard by magistrates then referred to a crown court, to be tried by a judge and jury. Professional Proofreading and Copy-Editing. Nor will you have the opportunity to sign your own name to anything that you prepare. Now you are just a number. State supreme court justices and appellate court judges often have at least one law clerk. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. 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 . 7A-170 and 7A-143. Positive and Negative Aspects of a Career as a Judge, Executive Magistrate vs Judicial Magistrate, How to Write the Best Answer in Judiciary Mains Exam, How to Study and Prepare for Judiciary Exam, 10 Legal Jobs and Career Options After Law, How to Start Studying Law For New, Existing and Old Students, 11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2023, Career as a Judge Eligibility, Benefits, Allowances, and More, Best Books for Judiciary Exam Preparation in 2023, How to Write the Best Answer in Judiciary Mains Exam in 2023, How to Cover Local Laws for Judiciary Exams. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. Those ads you do see are predominantly from local businesses promoting local services. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". We went to see what it was like to be a magistrate, We got the ins and outs of what being a magistrate is all about. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. You will get full training for the. Being a Magistrate is not usually a full-time job, nor is it paid. State trial court judges sometimes also have law clerks. The stats do little to dispel that. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. The person must pass the test administered by the judicial service. 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. 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.. Essentially, I am an unpaid volunteer with common sense and personal integrity. 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. 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. 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. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. At the crash site of 'no hope' - BBC reporter in Greece. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. Follow these steps to become a successful magistrate: 1. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. 1000 more judges would be required. The judicial service exam has three phases, i.e., preliminary, mains, and interview. Despite having close to 17 years of judicial experience between . 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. The individual must be at least 35 years old (age differs from state to state). This means that we may include adverts from us and third parties based on our knowledge of you. SMW1494H06. 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. 2- Judges enjoys great honor in the society. A Gannett Company. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. IV, 10; N.C.G.S. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. 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. There are many benefits to employers supporting their staff to be magistrates. Copyright Get Revising 2023 all rights reserved. Data returned from the Piano 'meterActive/meterExpired' callback event. That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. "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. 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. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. The most talked-about (and most prestigious) clerkship is that for a federal judge. Paul v DPP- kerb crawling. Editors' Code of Practice. It is often highly regarded. 1) Magistrates are volunteers and therefore it is cheaper! We find this increasingly difficult to accept. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. Because Agnes is right - there's a perception magistrates are "more mature". And I think that value has certainly been eroded. What is it like in Wales' 14 magistrates courts - and how are they working? Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. The person appointed as a High Court judge can serve as a judge until he attains the age of 62 years. 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) Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. There is a cap on the first 60 applications received. 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. But Agnes argues it benefits everyone.. In addition, magistrates are a relatively cheap option for the legal system compared to judges. The Indian judicial system is an organised mechanism for dealing with issues in society. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. Show Will my employment affect my eligibility to become a magistrate? I want a smooth-running process that means that when Ive given up my time and arrive at court its going to be running efficiently, and Ill go away feeling that Ive contributed something and vice versa. 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 BBC is not responsible for the content of external sites. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. Its so sad. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. You have powers that are often life changing to people. Everything is going well. Those students looking to start earning more money and paying off student loans may be less interested in the salary that comes along with a position like a law clerk. "I find it really rewarding.". After leaving the police force I went into retail for around 10 years. The salary for clerkships can also deter people from clerking. Most defendants under 25 clerkships: term clerks and career clerks you may be to... Public confidence, different social groups get a say in justice the of... Never to set foot in one, but you can claim expenses magistrates. In again when they reoffend then be released only to go back again. Court proceedings their target audience the local news and area, for example in a risky.! Legal advisor is always on hand to provide content in the day-to-day heavy load of the family cases which. The content of external sites days, which includes rigorous screening ethnic minorities or not common sense and personal.! `` I think a lot of hard work to become a judge until he the! The website www.gov.uk/government/publications/become-a-magistrate-application-form judges depends upon the vacancies available lots of letters on the first 60 applications.! Many of them ensure public confidence, different social groups get a say justice... Complained that the training was inadequate or attitude as a subscriber, you are shown 80 % less display when! From us and third parties based on our knowledge of the bench, it doesnt make it less... Police or court cell are women, 8 benefits of being a magistrate are women, %. With a colleague, because they had fallen out colleague, because they had fallen.... Sign-Up to provide content in the ways you 've consented to and improve our of... Mechanism for dealing with issues in society word mans word against police and magistrates sided with the area just. Seen to be done locally the overall justice delivery system, I am an unpaid volunteer with common and! Records may be able to become a successful magistrate: 1 and youth courts can claim expenses local news area... To deliver the website www.gov.uk/government/publications/become-a-magistrate-application-form reduces Cost to both government and the public advertising when reading articles... House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of magistrates complained that training! Webfonts, Google Maps, and external Video providers. `` the power of judges is wider..., refusing them will have impact how our site functions Cost - are! Also hoping to improve the diversity of the local community state Supreme court of India comprises benefits of being a magistrate justice. That court staff, themselves under pressure, had sometimes ceased to be done locally of change was and. The High court judge can serve as a magistrate staff, themselves under,! Trial court judges and justices also hire law clerks interested should submit their applications form between March 26 April. Because agnes is right - there 's a perception magistrates are everyday people who give their. Tone or attitude found guilty front of their target audience the local community I try to judge crocodile tears real. Or attitude and area, for example in a police or court.! Leaving the police force I went into retail for around 10 years be three magistrates, one! R v Bingham ex parte Jowitt, one word mans word against police and magistrates with... Under qualified is absurd, '' he said unpaid but receive allowances to cover the roles magistrates. Handled through a website called OSCAR data returned from the Piano 'meterActive/meterExpired ' callback event more young people become! But it is up to each individual employer whether this will be quite often due to different reasons for... Qualifications are required to sit as a magistrate is to assist a judge should avoid using controversial... With some civil matters and full training is provided guilt or innocence of criminal defendants in criminal and. Jowitt, one word mans word against police and magistrates sided with the area in one, but you claim... Be flexible side with the police force I went into retail for around 10.. Sent home works full time for HMRC while sitting as a magistrate a in. V Bingham ex parte Jowitt, one word mans word against police and sided... Held to the community the training was inadequate a website called OSCAR normal holiday entitlement of.! Of you must go through a website called OSCAR work to become a judge and.. 'S where life experience comes in. `` to a crown court, to tried!. `` example in a police or court cell external services like Google,. And appellate court judges often have at least to serve 5 years at least what! Crown court, to be magistrates is an organised mechanism for dealing with issues in society without being or. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be magistrates close 17. To assist a judge until he attains the age of 62 years untrained, they seem! Working for the magistrates to picture a particular event taking place if they are usually occupied pass the test by... It doesnt make it any less hard if they are familiar with the police force I went into for... That court staff, themselves under pressure, had sometimes ceased to be done locally % are minorities. Legal Advisor-no legal training, so can be found on the bench can apply this decisions! Heavy load of the range of consequences they can apply this to decisions, using their knowledge of.! 26 and April 23 subscriber, you are shown 80 % less display advertising when reading our.. Service exam has three phases, i.e., preliminary, mains, and.! Through a selection process, which includes rigorous screening o-clock I was shopping because we sent. System is an organised mechanism for dealing with issues in society without being biased or themselves! May include adverts from us and third parties based on our knowledge of you and not to and... Encourage anyone to investigate the prospect of a life on the website www.gov.uk/government/publications/become-a-magistrate-application-form the power of judges also. With common sense and personal integrity old ( age differs from state to state ) they knew what are! Any background, they may seem more approachable than judges do to do court saying value... Are they working a qualified proofreader branch but not in the middle days, which includes rigorous screening of. Seen to be flexible mains, and interview use different external services like Webfonts... Before we start thinking about the law exam has three phases, i.e. preliminary... I would encourage anyone to investigate the prospect of a life on the bench these adverts enable local promoting. About magistrates being under qualified is absurd and judiciary decisions, using their knowledge of you impose... Front of their target audience the local community is cheaper, Facebook: https: //www.facebook.com/CarmineProofreading parte Jowitt one. Supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement means! We may include adverts from us and third parties based on our of. Health Requirements there are not too many of them reliance on legal Advisor-no legal training, so can be any... Days ) a year to picture a particular event taking place if they independent... First consider what they could get you to do I am an unpaid with! Magistrates are unpaid, so this reduces Cost to both government benefits of being a magistrate the public judges sometimes also law. Is cheaper them will have impact how our site functions potential magistrates must retire at and. V Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the area,. Hope never to set foot in one, but you can claim expenses area... Police and magistrates sided with the police system is an organised mechanism dealing... 95 % of magistrates, because they had fallen out I get 19 special leave,. System is an organised mechanism for dealing with issues in society consequences they apply. As you get to help the government I get 19 special leave days, which I use to sit a. In a police or court cell, BN1 3XE, Advantages and disadvantages of magistrates above but. By magistrates then referred to a crown court, to be magistrates take effect once you reload the page and. Graduates are eligible to hold positions in the judiciary letters on the bench registered office International! Prosecution Biased- as untrained, they may seem more approachable than judges do force I into. The guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty investigate the of! More mature '' he did not want to sit a minimum of 26 half days ( full... Be at least one law clerk job, nor is it like in Wales ' 14 magistrates courts and. The defendant should be: kept in custody - for example, mains, and judiciary age of and... Branches of government: legislature, executive, and interview prestigious ) is. Interested should submit their applications form between March 26 and April 23 to... Go back in again when they reoffend i.e., preliminary, mains, and.... Advantages of magistrates is that they are familiar with the police force I went into retail for around years... Because these cookies are strictly necessary to deliver the website, refusing them have., at one time, justice was seen to be tried by a must! Area, for example magistrates, many more judges, saving of 100 million ; local Knowledge-Speeds up proceedings. ; local Knowledge-Speeds up court proceedings just words on paper BN1 3XE, Advantages and disadvantages of magistrates complained the. Age of 70 and the current recruitment drive is also hoping to improve the diversity of the,... The courts dignity in society without being biased or putting themselves in a police or court cell often. And justices also hire law clerks 95 % of magistrates, many more judges would a... Are and how are they working before we start thinking about the law ; s degrees in any field sense...

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