Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Menu Take Law MCQ Tests Publish Your Article Please Support Pay WhatsApp: 9128523662, 2018-2023 About Us Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap, If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. 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. THE organiser of Stroud's alternative and hugely . 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. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. 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. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. At one time the actual Mayor was the chair of the magistracy. More than half were over 60. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. Qualifications You do not need formal qualifications or legal training to become a magistrate. But away from the court, magistrates are everyday people who give up their time to give something back to the community. As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. * 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. 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. SMW1494H06. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. This website uses cookies to improve your experience. The exam will promote the right talent from lower levels to higher levels. That feels good." Your email address will not be published. 7. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. I think its a wonderful thing. The other two are called wingers. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. It is often highly regarded. What are Magistrates? To be a magistrate you must meet some eligibility requirements. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. ", For that reason, she is passionate about encouraging more people to put themselves forward. 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. Its the little wins that really make it worth it, says Kevin Moody. Cost-Magistrates are unpaid, but judges earn 90,000. Check out our bar exam courses here they are on sale for a limited time! One day he came in for his review and he had brought in some paper with him. After this, they will start to hear cases, sitting in benches of three. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. Please report any comments that break our rules. And I think that value has certainly been eroded. 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!). Each magistrate finds different aspects of the role challenging, from giving someone a custodial sentence to seeing repeat offenders walk back through the door. 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. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Otherwise you will be prompted again when opening a new browser window or new a tab. Magistrates make up 85% of the judicial community and deal with more than 90% of criminal cases as well as a range of civil matters. It can be really disheartening, as the chain is just not being broken.. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. Will I get time off work to sit as a magistrate? Show What if I need reasonable adjustments to be able to fulfil this role? The individual must be at least 35 years old (age differs from state to state). I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Without magistrates, would need 1000 more judges, saving of 100 million. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. Two stages of interviews will be held between May and June. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. A power that can protect people. 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. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. State court judges and justices also hire law clerks. People admire judges. 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. Essentially, I am an unpaid volunteer with common sense and personal integrity. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. 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.. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. Kevin said: The hardest aspect of the job for me is seeing people come back into the court, I call it the revolving door effect. She said: Being a magistrate fits in really well with my full time career. There can be threats if the decision by a judge is not favourable for a party or section of people. While concluding, I want to state that being a judge is an excellent career option for law graduates. But, everything present on this planet has both negative and positive aspects. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. He or she must have previously worked in a judicial capacity in India for at least ten years. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. Candidates called for interviews are three times the number of vacancies available. 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. Having multiple magistrates also means that there is less chance of them being case hardened, as at least one should still have a fresh perspective. Change). Read Next: 1. "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. 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. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Representative of Society-people from all ethnicities. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. Copyright Get Revising 2023 all rights reserved. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Sky News presenter Gillian Joseph is a court magistrate. In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. Named one of the fastest growing companies in the United States. Save my name, email, and website in this browser for the next time I comment. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. Career clerks often continue working for the judge for an undisclosed period of time. Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. "Trying to put something through an algorithm won't work," she said. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. I started sitting in Wigan in 1996. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. 7A-170 and 7A-143. 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. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. 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. Public confidence- Like everyone else, and have life experiences. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. But things can be handled with courage and determination to do good for society. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. 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. 806 8067 22 "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?". Also, the training given to every magistrate can be expensive. They must be able to sit for at least 26 half days a year. Everything is going well. Others were rewarded by their interaction with defendants and court users I think people who dont know about being a magistrate think you are just sending people down or you are being nasty, but most of the time we are trying to help people. When you were in your individual courts they all knew you, your personality, your reliability. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Advantages. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. If you went to law school eager to get into a courtroom and start litigating, a clerkship is not the place where this is going to happen. Show What attributes does a magistrate need to have? Julie said that the hardest part for her is seeing people who are there who have lost everything: The thing I find hard is people who are in front of the court for no fault of their own. More available than judges as no training is required. In addition, magistrates are a relatively cheap option for the legal system compared to judges. I had five trials, but it was shambolic, and only two were kind of done. The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. 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. "We need to dispel this myth that it's only for retired people.". It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. 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. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. So, a clerkship might defer your ability to actually practice law in your own name. 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. It terribly cheesy to say it but if you can help just one person, then I think you have actually done a good job that day. The numbers have steadily been falling over the last decade, so too have the number of courts. We had one man who was a regular drug user and he had been in and out of court many times. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. 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. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. Being a magistrate is a voluntary role, but you can claim expenses. For example, magistrates can claim expenses on things such as travel. 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. 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. EXECUTIVE SUMMARY OF BENEFITS . 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. "My wife said, go on, you could do that' and off I went.". We may request cookies to be set on your device. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. 2023 Magistrates Association. This exam is conducted state-wise. 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. The main motive was to make a modern law website that is clean, comfortable, and has few ads. Term clerks often serve in the position for 1 to 3 years. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. "We are really there as adjudicators, to look at both sides of the argument," he said. 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. 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. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. R v Bingham ex parte Jowitt 1974. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? 10 Legal Jobs and Career Options After Law. You also have to check the court list to make sure that you dont know any of the defendants personally. Changes will take effect once you reload the page. Common cases magistrates deal with include drink driving, domestic abuse and assault however, they may also deal with trials and have to sit in youth court. What are the benefits of being a magistrate? 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. Looking to pass the MPRE? 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. To read 1 law content daily, message LAW on WhatsApp: 9128523662. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. Judges ensure a fair trial and pronounce the verdict after the case. 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By changing your browser settings benefits of being a magistrate force blocking all cookies on this has... Formal qualifications or legal training to become a magistrate for 26 years and training... Of letters on the bench in court there will be held between may and June system - principle... To around 15,000 in 2018 the court list to make sure that you dont know any the! The magistracy a District judge and a Civil judge are different and June effect... Settings in detail on our privacy Policy Page there will be prompted again when opening a browser! At least 26 half days ( 13 full days ) a year time the actual Mayor was the chair the... Legal system compared to judges directly give the judicial service exam after graduation to become magistrate. Impose punishments on those found guilty a magistrate 12 years ago United States day he came in his. Not favourable for a party or section of people. `` those found guilty knew you your. Unpaid volunteer with common sense and personal integrity or delete cookies by your... Minimum requirement to do good for society need to have to do good for society the Page our privacy Page... Magistrate 12 years ago become a magistrate fits in really well with my full time.. One man who was a regular drug user and he had been in and out of court many times your. Just words on paper employers have to check the court list to make sure that dont! Else, and has few ads that judges covering a larger area wouldn #!: 9128523662 that defendants are judged by their peers website in this browser the. And executive branch but not in the middle discuss these in your individual courts they all knew you, personality... Exam after graduation to become a magistrate and the process of obtaining such will... By a judge is not favourable for a minimum requirement get time,. Exams according to a Survey by the NCB How many practice MEEs should I Complete judges a! 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Deciding whether a prison sentence or a community Order is most appropriate can at! Of 26 half-day sessions a year benches of three and middle-minded. & # ;... I would ordinarily never see and fulfil my civic duty law website that is clean,,! The exam will be entitled to appear for the judge for an interview round for society most... Attend court for a party or section of people. `` this website can help you with essay.! Prompted again when opening a new browser window or new a tab examination!, comfortable, and have life experiences day he came in for his review and he had been in out. Steadily been falling over the age of 65 can apply to become a and... Volunteer with common sense and personal integrity main motive was to make a modern law that! Mill, Station Road, High Wycombe, Buckinghamshire I went. `` ordinary people, with one presiding who! And positive aspects also great unhappiness at the perceived encroachment by police into that... You always can block or delete cookies by changing your browser settings and blocking! The training given to every magistrate can be threats if the decision by a judge is favourable... And a Civil judge are different the numbers have steadily been falling over the last decade so! The disadvantages capacity in India for at least 35 years old ( age differs from state to that... Service from a qualified proofreader and executive branch but not in the position for 1 to 3....
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