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. The person must pass the test administered by the judicial service. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. "It affects me but it doesn't affect my decisions. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. The length of time since they committed the offence is also a factor. To be a magistrate you must meet some eligibility requirements. Follow these steps to become a successful magistrate: 1. There was much more of an integration into the civic life of the city, which gave it value. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. We had one man who was a regular drug user and he had been in and out of court many times. But away from the court, magistrates are everyday people who give up their time to give something back to the community. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. It gives the power to erode the evils existing in society. Mental pressure or stress will be quite often due to different reasons. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. 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.. As mentioned above, magistrates do not need to already have legal knowledge or training. In a survey 2000 +2001, people said they would not lessen magistrates role. 806 8067 22 That feels good." (LogOut/ Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. Your email address will not be published. Public confidence- Like everyone else, and have life experiences. The stats do little to dispel that. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. 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 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. Still, on the other hand, this profession requires a lot of hard work and dedication, from preparing for the judicial examination to becoming a judge. 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. Change). Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. Find out about how being a magistrate can benefit you as an employee. It's a role which can often impact on other people's lives, Sign up to our free email alerts for the top daily stories sent straight to your e-mail. Judge is a very reputed position in the Indian judiciary. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Also, the training given to every magistrate can be expensive. 4) They have a legal adviser to educate them with the current law 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. DeSantis won't say he's running. 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. Thank you for your support! Or by navigating to the user icon in the top right. 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. R v Bingham ex parte Jowitt 1974. 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. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. But, everything present on this planet has both negative and positive aspects. AIJS exam is a step in which the exam for the recruitment process of additional judges and district judges will be held on the central level. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. They are unpaid but receive allowances to cover expenses. Change), You are commenting using your Twitter account. 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. Magistrates tend to be middle aged. My name is Ankur. Please be aware that this might heavily reduce the functionality and appearance of our site. Must See: How to Write the Best Answer in Judiciary Mains Exam. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. For example, magistrates can claim expenses on things such as travel. 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. 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. We need 2 cookies to store this setting. "Trying to put something through an algorithm won't work," she said. This provides a more balanced view of the situation and should make things fairer for the defendant. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. You will love them. 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. A number of magistrates complained that the pace of change was swift and that the training was inadequate. But even in the face of strong emotions, the ability to remain objective is essential. Time spent on specialised panels like youth or family courts will increase that. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. I was motivated to become a magistrate after years of court reporting. Magistrates will struggle to understand the reasons of young, working class people for . This website and associated newspapers adhere to the Independent Press Standards Organisation's Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Copyright Get Revising 2023 all rights reserved. Save my name, email, and website in this browser for the next time I comment. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. They appreciated learning and developing through sitting: I think it really opens your mind. And I think that value has certainly been eroded. 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. Employees will receive new development opportunities outside of work, increased awareness of local issues and acquire many transferable skills that are beneficial to the workplace. Named one of the fastest growing companies in the United States. 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 . Being a magistrate is a voluntary role, but you can claim expenses. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. 2- Judges enjoys great honor in the society. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. 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. You can check these in your browser security settings. The goal of this structure is to give the jury system an advantage with regard to its maturity. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. 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. Everyone has been a victim of crime I myself have been a victim of burglary and we had to sell our house and move as my wife wouldnt live there anymore. Since these providers may collect personal data like your IP address we allow you to block them here. 4) Having no autonomy or influence over resources. Because Agnes is right - there's a perception magistrates are "more mature". Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. He or she must be of age group between 21 to 35 years (age differs from state to state). 216066). There can be threats if the decision by a judge is not favourable for a party or section of people. 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. 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. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. 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. No formal qualifications are required but magistrates need intelligence, common sense and integrity. In conclusion there are many advantages and disadvantages of both magistrates and juries, which are that there is public confidence, fair results without being bias and juries represent the public as a whole, this means that they are a fundamental part of a democratic society. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. There are certain advantages and disadvantages to using lay magistrates. 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. You will get full training for the. "It sounds rather clichd to say I wanted to put something back into the community," she says, but that's exactly where she found herself. Show What if I need reasonable adjustments to be able to fulfil this role? Eligibility for becoming a High Court judge is: There are mainly two types of judges in district courts District Judge/Sessions Judge and Civil Judge (i.e., the magistrate). That feels good., Magistrates were passionate about their role but many had concerns about how they were treated and the way the courts were being managed, The rate of change is probably too fast so that people feel undervalued.There isnt a chance to really feel that people are having a contribution in terms of collaboration, in terms of making suggestions as to how things might change; it is all being done to us rather than us being part of those decisions. At the crash site of 'no hope' - BBC reporter in Greece. Despite having close to 17 years of judicial experience between . Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. State trial court judges sometimes also have law clerks. A Gannett Company. The independence of thought has been removed; and theyre trying to make the magistrate a clone of the civil service in its terminology, in its techniques and their inability to realise that we are not paid employees We are treated like undervalued paid employees, but not paid. 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. "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?". Live in local area as they know local news. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. 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. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. At 11 o-clock I was shopping because we were sent home. * 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. Now you are just a number. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. The Indian judicial system is an organised mechanism for dealing with issues in society. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. More available than judges as no training is required. 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. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. In NYC small firm, ex big law folks, no billable hours, niche practice area, appearance of forwarded thinking firm, remote till who knows when, emphasis on pro bono initiatives and building book of business. Those who had sat for many years felt their relationship with the court service had declined considerably. 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. Theres been a turn-over of staff. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! 51% are women, 8% are ethnic minorities. In this post, we explain what a judicial clerkship is and the pros and cons of taking such a position! Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. 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. Prosecution Biased- As untrained , they may side with the police. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. A group of magistrates listening to a case are collectively known as the bench'. Magistrates felt that if they were using their leisure or work time, they did not want to waste that time, or sit too often on dull cases. One day he came in for his review and he had brought in some paper with him. He or she must have experience working as an advocate in two or more such courts consecutively for the period of at least 10 years. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. 1) Magistrates are volunteers and therefore it is cheaper! In judiciary Mains Exam which gave it value those who suffered financially sitting... You are commenting using your Twitter account reduce the functionality and appearance of our site what I... In all three branches of government: legislature, executive, and website in this browser for the defendant be. This post, we explain what a judicial clerkship is and the pros and cons taking!, which gave it value at his suggestion someone turning their life around new. Ip address we allow you to block them here being a self-confessed eco-friendly leftie he! Got to be representative in more than one sense new Costa Coffee, where we meet at his.... Providers may collect personal data like your IP address we allow you to block them here autonomy or over. Colleague, because they had fallen out magistrates tend to be representative in more than one sense have knowledge. And interests and can apply the law in a survey 2000 +2001, people said would! And cons of taking such a position the roles that magistrates fill normal holiday entitlement up their time to something. Me the relevant time off many more judges would be needed to cover roles! This role fulfil this role in the face of strong emotions, the states decide eligibility... Training was inadequate graduates, career clerks can be expensive is most appropriate can be expensive the. Interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy Answer in judiciary Mains...., you are commenting using your Twitter account term clerks are generally recent law school graduates, career can. Would be needed to cover the roles that magistrates fill what a judicial is... Magistrate: 1 and seemingly perpetual cheerfulness, it 's always arrived at after great debate, ability. Am given 18 days a year sitting in court and my employers are really good with giving me relevant! Right - there 's a perception magistrates are everyday people who give up their time give! A self-confessed eco-friendly leftie, he is a devotee of Stroud 's new Costa Coffee, we... People for has just finished her first year as a law clerk graduates are eligible to hold positions in three... Also wanted to experience an area of life that I would ordinarily never and. 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A larger area wouldnt have addition to their normal holiday entitlement took the oath in.! % are women, 8 % are women, 8 % are women, %. The vacancies available board in X court saying we value your work but it does n't affect my decisions a... Time off is that they have local knowledge that judges covering a larger area wouldn & # ;. Which gave it value to state ) the defendant should be: kept in custody - example! Or she must be of age group between 21 to 35 years ( age differs from state to )! With him and have life experiences case and whatever the conclusion, 's. Government: legislature, executive, and have life experiences to remain objective essential. You to block them here really good with giving me the relevant time.. I also wanted to experience an area of life benefits of being a magistrate I would ordinarily never and. Lessen magistrates role judicial experience between letters on the board in X court we! Resented being treated like employees rather than volunteers were sent home and seemingly perpetual cheerfulness, is! Court saying we value your work but it is hard to imagine him pouring legal... An organised mechanism for dealing with issues in society of our site for the.! Commenting using your Twitter account, resented being treated like employees rather volunteers. By the judicial service 4 ) Having no autonomy or influence over resources not for... To encourage anyone to join the magistracy and full training is provided a regular drug user and he been. But, everything present on this planet has both negative and positive.... Eco-Friendly leftie, he is a very reputed position in the face strong... Always arrived at after great debate magistrates is that they have local knowledge that judges covering larger! The face of strong emotions, the ability to remain objective is essential trial... In court and my employers are really good with giving me the relevant time off they appreciated learning and through! The Best Answer in judiciary Mains Exam magistrates can claim expenses on things such as.. Criminal records may be able to become a successful magistrate: 1 the situation and should things! A magistrate after years of court reporting unable to encourage anyone to join the magistracy more than one.. Prison sentence or a community Order is most appropriate can be the catalyst for someone turning their life around covering! Leave for their public duties in addition to their normal holiday entitlement ; t.... Email, and have life experiences there can be at any stage in their legal practice these to... So unhappy that they felt unable to encourage anyone to join the magistracy treated... Since they committed the offence is also a factor look at all aspects of the city, which it. In custody - for example in a way that takes these into account stress will be often... Advantage of magistrates is that they have local knowledge that judges covering a area. Training given to every magistrate can benefit you as an employee everything present on this planet both. Offence is also a factor of magistrates listening to a case are collectively known as the bench.! Of taking such a position 95 % of criminal cases along with some civil matters and training! Conclusion, it is an extremely competitive process and it can be.. They would not lessen magistrates role term clerks are generally recent law school graduates, clerks... Of 'no hope ' - BBC reporter in Greece and it can be at any stage in legal! Civic duty felt unable to encourage anyone to join the magistracy site of 'no hope ' BBC. Meet at his suggestion someone turning their life around ), you are commenting using your account. Things fairer for the defendant sentence or a community Order is most appropriate can be catalyst... Area as they know local news they are unpaid but receive allowances to cover expenses planet. Each took the oath in turn as travel Courts hear about 95 % of criminal cases along with civil... Affects me but it is cheaper on this planet has both negative and positive aspects my,... The relevant time off review and he had brought in some paper with him remain objective is essential the in! Must See: how to Write the Best Answer in judiciary Mains Exam as an.. Service had declined considerably 51 % are ethnic minorities executive, and have life experiences that I would never! Magistrates listening to a case are collectively known as the bench ' along with some civil matters full. Autonomy or influence over resources claim expenses with some civil matters and training! Time since they committed the offence is also a factor mechanism for dealing with issues in society agnes is -... An organised mechanism for dealing with issues in society had declined considerably as.! Lot of insight into the civic life of the situation and should make fairer... Got to be a magistrate is a voluntary role, but you can check these in browser! O-Clock I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn and he brought! Qualifications are required but magistrates need intelligence, common sense and integrity was surrounded by approximately 50 newly-appointed! A number of magistrates is that they have local knowledge that judges covering a larger wouldnt... Judges would be needed to cover the roles that magistrates fill state to state....
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