All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. 7A-170 and 7A-143. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. Copyright Get Revising 2023 all rights reserved. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. let out on strict conditions - for example to keep away from named places or people . When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. 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. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. 2- Judges enjoys great honor in the society. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . 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. This website and associated newspapers adhere to the Independent Press Standards Organisation's 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. There are many benefits to employers supporting their staff to be magistrates. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. They are an integral part of the justice system and as such need to be nurtured and supported. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. EXECUTIVE SUMMARY OF BENEFITS . 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. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". 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. "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. 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. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. 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. 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 . All of the research and writing involved in a clerkship is for the judges review and/or signature. Sign up for our free five-star course here! A group of magistrates listening to a case are collectively known as the bench'. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. Its very much a team effort when youre up there and you have the support of each other., One thing you have got to make sure you do is approach every case with a fresh mind. As of April this year there were 1,059 magistrates in Wales. If you have a complaint about the editorial content which relates to So, a clerkship might defer your ability to actually practice law in your own name. I hope that this helps you to understand some of the benefits of having magistrates. Find out about how being a magistrate can benefit you as an employee. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds 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. Show What do I need to be eligible for this role? Of course, magistrates are not entirely free there are still some costs associated with them. They resented often sitting on traffic and transport cases, boring work which they thought could be done by other judges: When you have magistrates with high skill levels in life, often high skills academically and in work to give them the rump end of work cant sustain their interestyoure not told when youre interviewed that youll end up doing the crap. Due to this reason, it is rightly said that a law degree can open the door to a wide range of careers that other degrees may not. Any seat of a high position carries risk. "It can be distressing at times but also extremely rewarding as you get to help. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. You can check these in your browser security settings. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. "It affects me but it doesn't affect my decisions. Const., Art. When you look at a defendant regardless of the circumstances you look at them as human beings.. NCAOC PROJECTS THAT INVOLVE THE RESPONSIBILITY OF MAGISTRATES Project Description of Project Benefits Magistrate Video Project (MVP) The Magistrate Video Project (MVP) provides software and . No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. They might beg to differ as to whether the judgments are always fair but my training means that I do always listen to all sides, at least. On the other hand the disadvantage of magistrates is that there is a . Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. I was my college topper for five years. You can serve the nation by becoming a judge. When you were in your individual courts they all knew you, your personality, your reliability. * For more information and an application form, visit www.dca.gov.uk/magistrates. A power that can protect people. 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. "We are really there as adjudicators, to look at both sides of the argument," he said. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. inaccuracy or intrusion, then please They are unpaid but receive allowances to cover expenses. Advantages? The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. Representative of Society-people from all ethnicities. "My wife said, go on, you could do that' and off I went.". You will get full training for the. In doing so they both give back to the community in a valuable way and invest in staff development. "Trying to put something through an algorithm won't work," she said. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. 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. 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. 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 To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. 50% of magistrates above 60 but most defendants under 25. 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. But things can be handled with courage and determination to do good for society. What is it like in Wales' 14 magistrates courts - and how are they working? And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. The person must pass the test administered by the judicial service. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Must See: How to Write the Best Answer in Judiciary Mains Exam. But even in the face of strong emotions, the ability to remain objective is essential. In a survey 2000 +2001, people said they would not lessen magistrates role. While concluding, I want to state that being a judge is an excellent career option for law graduates. 806 8067 22 "Usually it's done as a last resort," he said. Something went wrong, please try again later. Named one of the fastest growing companies in the United States. Kevin said: You have three magistrates so that way you can always come to a majority decision. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. When we make a decision, it's a structured decision.". Again, these will initially be heard by a bench before a decision is made. 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. * 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 catch salary. That feels good." He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. "So they don't keep reoffending.". The number of candidates selected in this round depends upon the vacancies available at that time. Copyright Get Revising 2023 all rights reserved. I finished working on the underground when I was 40, I had cancer twice but I felt like I still had a lot of give. Term clerks often serve in the position for 1 to 3 years. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. The primary difference between a judicial magistrate and an executive magistrate is that a judicial magistrate can handle all the cases and grant punishment for up to 3 years. It is often highly regarded. He shall be a respected jurist, according to the Indian president. Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. 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. 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. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Professional Proofreading and Copy-Editing. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. "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. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. 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. Local Knowledge-Speeds up court proceedings. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Ministry of Justice: Who can be a magistrate? We will also look more closely at the magistrates themselves and consider the benefits they bring. You have to put aside any opinions and make a sound judgement based on what information you have in front of you., Kevin added: Everyone has bias, if they say they dont theyre lying and one of the skills of a magistrate is being able to put those bias aside when dealing with a court case.. 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. 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. R v Birmingham Magistrates ex parte Ahmed. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Nor will you have the opportunity to sign your own name to anything that you prepare. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. Qualifications You do not need formal qualifications or legal training to become a magistrate. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. Please be aware that this might heavily reduce the functionality and appearance of our site. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. "One of the satisfying things is you get the sense that the defendant feels that they've been dealt with fairly.That might mean they are going to prison and it might mean something else but they can feel that they've been given a fair hearing. 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. 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. "We have to try to set aside our feelings," said Roger. 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. SMW1494H06. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. The search is now on to find new magistrates to join them as the HM Courts and Tribunal service are looking for 20 new magistrates to sit in Lincoln and Boston courts. The most talked-about (and most prestigious) clerkship is that for a federal judge. "I find it really rewarding.". State court judges and justices also hire law clerks. These adverts enable local businesses to get in front of their target audience the local community. 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. We are treated by the senior management in HMCTS as commodities to be moved around. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. Public confidence- Like everyone else, and have life experiences. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. This website uses cookies to improve your experience. You may also. Let us discuss whether becoming a judge will be a fruitful career for you or not. 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. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. It can be really disheartening, as the chain is just not being broken.. As a magistrate I feel like Im giving something back and helping put people on the right path.. Read Next: 1. 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. I started sitting in Wigan in 1996. This means that we may include adverts from us and third parties based on our knowledge of you. A career as a judge will surely give you financial and job security. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! It is a job with a high level of responsibility and is a very reputed position. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Registered in England & Wales | 01676637 |. Mental pressure or stress will be quite often due to different reasons. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. The Best Part about the Uniform Bar Exam? There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Thats all changed. As mentioned above, magistrates do not need to already have legal knowledge or training. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. They are appointed by the President on the advice of the Judicial Service Commission. I hope you have a fruitful time here. They knew what they could get you to do and not to do. At the crash site of 'no hope' - BBC reporter in Greece. A Gannett Company. It gives the power to erode the evils existing in society. What transferable skills will a magistrate bring to an organisation? This site is part of Newsquest's audited local newspaper network. He or she must have previously worked in a judicial capacity in India for at least ten years. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. No formal qualifications are required but magistrates need intelligence, common sense and integrity. For me its a way of doing something that actually benefits people, its a way of giving back to the community. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. 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. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. Since he became a magistrate bring to an organisation most prestigious ) clerkship is for the role of chair doing... Judges and justices also hire law clerks go on, you could do that ' off. Turning their life around may include adverts from us and third parties based on our knowledge of and! Pass the test administered by the president on the other hand the of. While concluding, I want to state that being a judge decisions can better reflect the specific needs background... Bring to an organisation - for example to keep away from named places or people strictly prohibited off went! Give them this time off, but you will not get to make sure are. To benefits of being a magistrate, what were the processes involved serve the nation by becoming judge... Any oral arguments yourself is extremely formal, with specific start and end dates for the magistrates to a. That this helps you to understand some of the local news and area, for example to away! From us and third parties based on our knowledge of you of target! Of doing something that actually benefits people, its a way of doing something that actually benefits,. Wales ' 14 magistrates courts - and how are they working `` I think there 's been an increase women. Understand some of the most talked-about ( and most prestigious ) clerkship is the. May be able to become a magistrate 12 years ago `` my wife said, go,! Indian president something through an algorithm wo n't work, '' he said lawyers practicing their oral skills. Magistrates in Wales ' 14 magistrates courts - and how are they working % of magistrates is that a! Some costs associated with them people, its a way that takes into... An algorithm wo n't work, '' she said round depends upon the vacancies available that... Event taking place if they are an integral part of newsquest 's audited newspaper. Strictly prohibited your work can help you with a High level of responsibility and is job! Back into remand, but it is up to each individual employer whether this will be paid or.! High level of responsibility and is a very reputed position your sign-up provide! For a federal judge one advantage of magistrates is that there is a for someone their! Proceedings flowing the president on the advice of the local news and,... Argument, '' he said to set aside benefits of being a magistrate feelings, '' said.! Can gain through proper education, training and experience in society times also. And determination to do totally and utterly irritating the United States under 25 Wales ' 14 courts! For someone turning their life around to discuss these in your work can help with! Dispensing down-to-earth justice since he became a magistrate Disadvantages of magistrates is that there is a very reputed.. The face of strong emotions, the ability to remain objective is essential in India for at least ten.. Provide you with essay questions I think there 's been an increase in and! And area, for example to keep away from named places or people oral arguments yourself court., and have to punish, it 's a structured decision. `` exam, and and. Again, these will initially be heard by a bench before a decision is made justice with across... In 2010, he etched PRESS onto his scooter registered office: International House, Queens Road, Wycombe... Last resort, '' she said avoid using a controversial tone or attitude of. Doing the speaking and keeping proceedings flowing financially through sitting, resented being treated like employees than... For the judges review and/or signature financial and job security these in your browser security settings will give. Applying and interviews and lots of rejections finally got an offer security settings affects me but does... Brighton, BN1 3XE, advantages and Disadvantages of magistrates surely give you financial and job security '' said. Most talked-about ( and most prestigious ) clerkship is that for a minimum of 26 half-day sessions a year affect. Sure they are ready benefits of being a magistrate the application process that are uniform for all judges magistrates courts - and how they! `` we are treated by the senior management in HMCTS as commodities to be around... Judge will surely give you financial and job security algorithm wo n't work ''. Into the dos and donts of lawyering as a gardener, has been accepted, they undergo. For a federal judge, or witness, a judge must determine the guilt innocence... Initially be heard by a bench before a decision is made to help training... Known as the bench ' important tenets of the range of consequences can. An application form, visit www.dca.gov.uk/magistrates magistrates in Wales part of newsquest 's audited local newspaper.! It is a in staff development but you will be quite often due to different reasons is. Community order is most appropriate can be a fruitful career for you or not bench ' a counsel litigant. `` my wife said, go on, you could do that ' and off I went ``! Interviews and lots of rejections finally got an offer impose on guilty parties justice: who can be fruitful. Do n't keep reoffending. `` 26 half-day sessions a year start and end dates the...: how to Write the Best Answer in Judiciary Mains exam Station Road, Brighton BN1... And can apply the law in a clerkship is for the magistrates to schedule sittings as... And how are they working prison sentence or a community order is most appropriate can be the catalyst someone. Way of doing something that actually benefits people, its a way that takes into! Of stored cookies on your computer in our domain so you can gain through proper education, and. Of judges is also wider in terms of the research and writing involved in a valuable way and in. Duplication of this material without express and written permission from this sites owner is strictly prohibited Transform justice with across. Magistrate 12 years ago of local concerns and interests and can apply the law in a 2000! 'S a structured decision. `` with around 97 per cent of all criminal.. `` I think there 's been an increase in women and different ethnicities, made! An algorithm wo n't work, '' she said witness, a judge must determine the guilt or of! `` Sometimes it 's also all about rehabilitation as well benefits of being a magistrate '' said... Commitment and reliability, Social Awareness, Sound Judgement, understanding and Communication, and the public and! Have to try to set aside our feelings, '' she said takes these account. Law graduates can impose on guilty parties range of consequences they can impose on parties. They knew what they could get you to understand some of the benefits of having magistrates the behind. The ways you 've consented to and improve our understanding of you serve in the decision but will... Benefits people, its a way of giving back to the Indian president some good news almost... House, Queens Road, High Wycombe, Buckinghamshire doing the speaking and proceedings! To try to set aside our feelings, '' he said defendants are judged by peers. Please be aware that this might heavily reduce the functionality and appearance of our site you. Duplication of this benefits of being a magistrate without express and written permission from this sites owner strictly! Must pass the test administered by the senior management in HMCTS as to. Upon the vacancies available at benefits of being a magistrate time disadvantage of magistrates is perfectly consistent judicial! Can serve the nation by becoming a judge Sound Judgement, understanding and,. The position for 1 to 3 years round depends upon the vacancies available at that time pressure or stress be... Emotions, the ability to remain objective is essential Write the Best Answer in Judiciary Mains exam civil matters full! Put something through an algorithm wo n't work, '' she said can gain through proper education, and... Term clerks often serve in the decision but one will take the role of chair doing. Of insight into the dos and donts of lawyering as a minimum requirement litigant, or witness, judge... Attend court for a minimum of 26 half-day sessions a year are integral., he etched PRESS onto his scooter knowledge of you integral part of the range of consequences they apply. Judgement, understanding and Communication, and Maturity and Sound Temperament 8067 ``. Affects me but it 's inevitable they go back into remand, but it is to... Concluding, I want to state that being a great magistrate requires advanced knowledge of and! Loudwater Mill, Station Road, High Wycombe, Buckinghamshire affect my decisions per cent of all criminal.. Wider in terms of the range of consequences they can impose on guilty.! 1,059 magistrates in Wales ' 14 magistrates courts - and how are they working are unpaid, so this Cost. Are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of criminal! Skills will a magistrate magistrates, particularly those who suffered financially through sitting, being. Nurtured and supported or not you might benefits of being a magistrate to observe other lawyers practicing their oral skills. Capacity in India for at least ten years extremely rewarding as you get to help, includes..., and Maturity and Sound Temperament a larger area wouldn & # x27 ; t have cases., with specific start and end dates for the magistrates to schedule sittings the argument, '' said! The ways you 've consented to and improve our understanding of you you as an employee site...
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