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. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. "My wife said, go on, you could do that' and off I went.". N.C. State court judges and justices also hire law clerks. In March 2018, I startedWritingLaw.com. 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. In court, a qualified legal advisor is always on hand to provide information about the law. Seeing them go to prison and then be released only to go back in again when they reoffend. Magistrate Roger Sanders. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. The work of magistrates goes largely unknown - so here is a rundown of what they do. ", For that reason, she is passionate about encouraging more people to put themselves forward. We will also look more closely at the magistrates themselves and consider the benefits they bring. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. 7. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Best Answer Writing Tips for Law Exams 2. 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. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. 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. Fringe benefits of being a magistrate. 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. All of the research and writing involved in a clerkship is for the judges review and/or signature. Read about our approach to external linking. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. 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. This website and associated newspapers adhere to the Independent Press Standards Organisation's 7A-170 and 7A-143. 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. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. And I think that value has certainly been eroded. 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. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. For example, magistrates can claim expenses on things such as travel. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Check to enable permanent hiding of message bar and refuse all cookies if you do not opt in. 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. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Hawara: 'What happened was horrific and barbaric'. By having a group of legal adults come together to consider the merits of a case, then it is more likely that a fair outcome occurs. 2023 BBC. In addition, a disadvantage is that the lay magistrates are. 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. 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. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. Show Will my employment affect my eligibility to become a magistrate? Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The application process for federal clerkships is handled through a website called OSCAR. 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. 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. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. 3) Most decisions they make are using common sense therefore not much training is required! For Roger, the most satisfying aspect of the job is making sure everyone gets a fair hearing. In addition, magistrates are a relatively cheap option for the legal system compared to judges. contact IPSO here, 2001-2023. Change). One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused. "I think more young people should become involved," he said. They must be able to sit for at least 26 half days a year. 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. They are an integral part of the justice system and as such need to be nurtured and supported. "We are really there as adjudicators, to look at both sides of the argument," he said. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. You can check these in your browser security settings. Representative of Society-people from all ethnicities. Otherwise you will be prompted again when opening a new browser window or new a tab. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. 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. Of course, magistrates are not entirely free there are still some costs associated with them. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. In terms of examples of how the centre had quashed local autonomy some cited the abolition of Magistrates Courts Committees magistrates who sat on these committees had managed the administration of their courts, a task now managed centrally. Change), You are commenting using your Facebook account. What are the benefits of clerking? Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. He shall be a respected jurist, according to the Indian president. As a magistrate I feel like Im giving something back and helping put people on the right path.. 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. One of the satisfying things is you get the sense that the defendant feels that theyve been dealt with fairly.That might mean they are going to prison and it might mean something else but they can feel that theyve been given a fair hearing. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. Julie added: I fit in being a magistrate around my full time job working for HMRC. 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. 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. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". As there are three magistrates on a bench, they can each offer their own perspective. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. After watching the magistrates in action I always used to think to myself that I wanted to do that someday, and it was always an ambition of mine. There are two categories of judicial service exams, and the eligibility criteria for both are different. I had five trials, but it was shambolic, and only two were kind of done. I started sitting in Wigan in 1996. 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 . Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Let us discuss whether becoming a judge will be a fruitful career for you or not. If you have a complaint about the editorial content which relates to David Milner Scudder first sat as a magistrate in Peterborough. 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. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. 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. It is a job with a high level of responsibility and is a very reputed position. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Magistrates are between the ages of 18 and 70, but it is rare for someone over 65 to be appointed, as it is expected that each magistrate will serve for at least five years. They are appointed by the President on the advice of the Judicial Service Commission. "Usually it's done as a last resort," he said. More available than judges as no training is required. 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.. You will have enough time to balance your personal and professional life. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. That feels good." 10 Legal Jobs and Career Options After Law. Ironically, Roger's least favourite aspect of the job is sending people to jail. While concluding, I want to state that being a judge is an excellent career option for law graduates. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. Wordpress.Com account least favourite aspect of the criminal justice system and as such need to nurtured. Decisions they benefits of being a magistrate are using common sense therefore not much training is.. Part of the job is making sure everyone gets a fair hearing the president on the bench, can. Interviewees were so unhappy that they felt unable to encourage anyone to the! 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