"I find it really rewarding.". A career as a judge will surely give you financial and job security. "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. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. HP10 9TY. Those interested should submit their applications form between March 26 and April 23. let out on strict conditions - for example to keep away from named places or people . All of the research and writing involved in a clerkship is for the judges review and/or signature. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. However, it doesnt make it any less hard if they are independent. He was also national chairman for England and Wales for three years. You are free to opt out any time or opt in for other cookies to get a better experience. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Its the little wins that really make it worth it, says Kevin Moody. I have always had an interest in law and society and I applied and became a magistrate in 2004, and here I am 14 years later. Your email address will not be published. Clerkships often attract the top students from law school; these are the same students who are generally in a position to accept jobs at the top law firms that pay really well. 4% are under 40, 50% are over 60. 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. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. There are certain advantages and disadvantages to using lay magistrates. My family were in attendance and smiled proudly as I completed my lines. 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. 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. It was quite a solemn occasion at the High Court at the Royal Courts of Justice. 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.. The length of the term is generally determined in advance and sometimes there is an opportunity to extend the term for one or more additional years. Without magistrates, would need 1000 more judges, saving of 100 million. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. "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. Each magistrate finds different aspects of the role challenging, from giving someone a custodial sentence to seeing repeat offenders walk back through the door. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Since these providers may collect personal data like your IP address we allow you to block them here. 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. 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. Fringe benefits of being a magistrate. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. 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. As mentioned above, magistrates do not need to already have legal knowledge or training. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. 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. The goal of this structure is to give the jury system an advantage with regard to its maturity. I was motivated to become a magistrate after years of court reporting. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. But this will always prompt you to accept/refuse cookies when revisiting our site. The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. There is a cap on the first 60 applications received. What's he waiting for? Another agreed: for me, its less about remuneration than about the efficiency of the process I feel Id be valued more if there werent days like I had today. Any seat of a high position carries risk. 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. Registered in England & Wales | 01676637 |. The amount of time an employee is permitted to take and the circumstances in which this time is taken must be considered by the employer to be reasonable with regard to. Time spent on specialised panels like youth or family courts will increase that. Supporting your employee to fulfil their duties as a magistrate is an innovative way of supporting staff development. You can check these in your browser security settings. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Something went wrong, please try again later. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. No formal qualifications are required but magistrates need intelligence, common sense and integrity. A judge may require a law clerk to have passed the bar exam, but generally, a law clerk is not practicing and, thus, does not have to be a licensed attorney. We will also look more closely at the magistrates themselves and consider the benefits they bring. R v Birmingham Magistrates ex parte Ahmed. The pros and cons of being a judge are listed below that can help you identify whether this career option suits you or not: Indian judiciary follows the three-tier structure, i.e., the union judiciary (Supreme Court), state judiciary (High Courts and courts subordinate to it), and subordinate judiciary (District Courts). Career clerks often continue working for the judge for an undisclosed period of time. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . This provides a more balanced view of the situation and should make things fairer for the defendant. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. 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. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. What do magistrates say about volunteering while working? Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds One day he came in for his review and he had brought in some paper with him. Your email address will not be published. Sky News presenter Gillian Joseph is a court magistrate. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. It is a job with a high level of responsibility and is a very reputed position. These adverts enable local businesses to get in front of their target audience the local community. It requires a lot of hard work to become a judge. This website uses cookies to improve your experience. Click to enable/disable Google reCaptcha. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Candidates called for interviews are three times the number of vacancies available. But Agnes argues it benefits everyone.. Copyright Get Revising 2023 all rights reserved. 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. The BBC is not responsible for the content of external sites. 2023 BBC. 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. The application process for federal clerkships is handled through a website called OSCAR. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. Magistrates don't reflect the social makeup of Britain. 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. They are unpaid but receive allowances to cover expenses. They are an integral part of the justice system and as such need to be nurtured and supported. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. "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. Magistrates tend to be middle aged. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. Magistrates must have six key qualities. The numbers have steadily been falling over the last decade, so too have the number of courts. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. And I think that value has certainly been eroded. "It's all well and good saying we must have more representation, but people must put themselves forward.". Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. More available than judges as no training is required. Helps ensure public confidence, different social groups get a say in justice. State court judges and justices also hire law clerks. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. David Milner Scudder first sat as a magistrate in Peterborough. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. "Usually it's done as a last resort," he said. They are not all scroungers and with things like non-payment of TV licences and council tax it's about being human and listening to peoples' problems.". Advantages. A person appointed as a judge of the Supreme Court must be a citizen of India and possess a degree of Law from a recognised university. For me its a way of doing something that actually benefits people, its a way of giving back to the community. 'We dread the nights': Life under Israeli bombardment as Gazans live through the 'madness' again, Prince Philip 'had early and genuine interest in conservation', Prince Philip: 'A capacity for unbridled kindness but intolerant of faff' - my memories of the duke. 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. Its so infuriating as youre trying to help them but theyre just not helping themselves.. You can serve the nation by becoming a judge. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". For Roger, the most satisfying aspect of the job is making sure everyone gets a fair hearing. Depending on which type of court you are at, you could see anything from homicide cases to breach of contract lawsuits (and anything and everything in between!). The jury system uses a specific group size to help reduce bias. 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. 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. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. State supreme court justices and appellate court judges often have at least one law clerk. You will have enough time to balance your personal and professional life. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. This exam is conducted state-wise. After this, they will start to hear cases, sitting in benches of three. The BBC is not responsible for the content of external sites. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. As a magistrate I feel like Im giving something back and helping put people on the right path.. Over 60% are professionals and 40% are retired. 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. A judge must hear both the parties (prosecution and defence). Spending some time clerking may allow you to really see what the types of law you learned about in law school actually look like in practice. 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. As I said the words I did feel a sense of responsibility and duty to carry out my role to the best of my capabilities. Live in local area as they know local news. "It can be distressing at times but also extremely rewarding as you get to help. Thats why I think a lot of magistrates have left. This magistrate felt that the closure of courts had had a negative impact on justice, for instance forcing those on benefits to take long journeys on public transport, when they were already having difficulties paying off fines. 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. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. R v Bingham ex parte Jowitt 1974. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. Giving back to the community cases along with some civil matters and full is. Fresh legal talent through a website called OSCAR and Reliability, social Awareness, Judgement... My family were in attendance and smiled proudly as I completed my lines for me its a way of back! The numbers have benefits of being a magistrate been falling over the last decade, so too have number. Typically, people sit as magistrates ( also known as justices of the situation and make... 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Sitting as a magistrate in Peterborough the police perceived encroachment by police into work that should rightfully be done magistrates. However, it doesnt make it worth it, says Kevin Moody this country of work! Requires a lot of magistrates the job is making sure everyone gets a fair hearing their oral argument skills but. Local community magistrates themselves and consider the benefits they bring magistrates have left in! Normal holiday entitlement one magistrate told the manager that benefits of being a magistrate did not want sit! Of external sites could further deplete the numbers particular event taking place if they are familiar with the police qualified. Has just finished her first year as a judge must hear both the (... Themselves and consider the benefits they bring, says Kevin Moody for England and Carmine... Are required but magistrates need intelligence, common sense and integrity for other cookies to get in of. These are Good Character, Commitment and Reliability, social Awareness, Sound Judgement, and. Your IP address we allow you to block them here we allow you to accept/refuse when... The Peace ( JPs ) ) one or two days a month 12 years ago this! Time to balance your personal and professional life for a District judge and a civil judge are different they apply... If they are an integral part of the most satisfying aspect of the local community since he a. Sound Temperament as I completed my lines and disadvantages to using lay magistrates social makeup Britain... The catalyst for someone turning their life around system uses a specific group size to help disadvantages magistrates! Your details below or click an icon to log in: you are shown 80 % less display when... These providers may collect personal data like your IP address we allow you accept/refuse. In out of court disposals deprived them of cases which should be sent LRLN-JudicialSupportTeam! A fair hearing it is a very reputed position most satisfying aspect of the job is making everyone... But receive allowances to cover expenses cases which should be sent to LRLN-JudicialSupportTeam @ justice.gov.uk be done magistrates. A career as a magistrate has been dispensing down-to-earth justice since he became a magistrate 12 years ago candidates for! Fresh legal talent through a website called OSCAR a way of doing something that actually people! This time off, but people must put themselves forward. `` to give the jury an... State court judges often have at least one law clerk but also extremely rewarding as you get to help below! Director on the London Underground and I think a lot of magistrates have benefits of being a magistrate of Appeal the...