benefits of being a magistrate30 Mar benefits of being a magistrate
Its so infuriating as youre trying to help them but theyre just not helping themselves.. 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. 1) Magistrates are volunteers and therefore it is cheaper! More available than judges as no training is required. You will get full training for the. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Magistrates felt that if they were using their leisure or work time, they did not want to waste that time, or sit too often on dull cases. Still, on the other hand, this profession requires a lot of hard work and dedication, from preparing for the judicial examination to becoming a judge. Your email address will not be published. State trial court judges sometimes also have law clerks. 7A-170 and 7A-143. 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. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". A judge must be fair and impartial, doing everything for the sake of justice and nothing for the benefit of friends or family. Its so sad. Two stages of interviews will be held between May and June. In Wales we've seen 22 close, leaving 14. "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. But things can be handled with courage and determination to do good for society. Must See: How to Write the Best Answer in Judiciary Mains Exam. "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. * 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. Also, the training given to every magistrate can be expensive. It gives power, reputation, a chance to serve the nation, and various monetary and non-monetary benefits. This exam is conducted state-wise. You will have enough time to balance your personal and professional life. Qualifications You do not need formal qualifications or legal training to become a magistrate. At 11 o-clock I was shopping because we were sent home. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Some state appellate courts may even have staff attorneys whose job is to assist all of the judges, not just one particular judge. At the crash site of 'no hope' - BBC reporter in Greece. 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 . Most interviewees felt unappreciated and some even exploited freebies. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. Show What if I need reasonable adjustments to be able to fulfil this role? As stated above, they are all volunteers, so there is no need to pay a judges salary. They are an integral part of the justice system and as such need to be nurtured and supported. The independence of thought has been removed; and theyre trying to make the magistrate a clone of the civil service in its terminology, in its techniques and their inability to realise that we are not paid employees We are treated like undervalued paid employees, but not paid. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. David Milner Scudder first sat as a magistrate in Peterborough. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. Eligibility for becoming a High Court judge is: There are mainly two types of judges in district courts District Judge/Sessions Judge and Civil Judge (i.e., the magistrate). If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. The BBC is not responsible for the content of external sites. Sign up for our free five-star course here! I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. The system has its critics, not least because the team of three magistrates are lay people - they're not required to have a legal background, other than their three days of mandatory training. To be a magistrate you must meet some eligibility requirements. No formal qualifications are required but magistrates need intelligence, common sense and integrity. He said: "When I used to sit in Grantham we used to do drug rehabilitation reviews. He must have worked as an advocate in a High Court or two or more High Courts in a row for at least ten years. I started sitting in Wigan in 1996. In doing so they both give back to the community in a valuable way and invest in staff development. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. 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. 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; Disadvantages. 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. 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. There are two categories of judicial service exams, and the eligibility criteria for both are different. * Magistrates are volunteers appointed by the Lord Chancellor. The catch salary. For example, magistrates can claim expenses on things such as travel. It gives the young generation a wide range of opportunities to get involved in this system and contribute to the best possible service to the country. 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. Mains examination is a subjective paper. A Gannett Company. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. That feels good." I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. 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. Many people may have wondered what it is like to be a magistrate - to sit in a court, hear and see evidence which at times will be harrowing and make a decision about someone which could change their lives. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. Because most of us live in our world. They told of cutbacks in training new recruits did not get the specialist training they needed and Chairs were told to read up on new legislation in their spare time. In a survey 2000 +2001, people said they would not lessen magistrates role. 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. Click to enable/disable Google reCaptcha. The salary for clerkships can also deter people from clerking. The numbers have steadily been falling over the last decade, so too have the number of courts. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. As of April this year there were 1,059 magistrates in Wales. Ministry of Justice: Who can be a magistrate? The goal of this structure is to give the jury system an advantage with regard to its maturity. If you refuse cookies we will remove all set cookies in our domain. The application process for federal clerkships is handled through a website called OSCAR. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. They must be able to sit for at least 26 half days a year. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. Those interested should submit their applications form between March 26 and April 23. This means that we may include adverts from us and third parties based on our knowledge of you. "So they don't keep reoffending.". Many others are rapidly approaching the compulsory retirement age of 70 which the House of Commons Justice Committee says could leave significant gaps in the role, unless recruitment improves. Copyright Get Revising 2023 all rights reserved. All the interviewees were asked about the job satisfaction of being a magistrate. They are not a true cross-section of people from the local community and may be seen to have little in common with young defendants, which took lead to them enforcing a wrong decision. While concluding, I want to state that being a judge is an excellent career option for law graduates. What are Magistrates? ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. You are free to opt out any time or opt in for other cookies to get a better experience. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. N.C. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. 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. He was also national chairman for England and Wales for three years. What transferable skills will a magistrate bring to an organisation? In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. Thank you for your love and support. But even in the face of strong emotions, the ability to remain objective is essential. That was the Judicial Oath and Oath of Allegiance that I took when I was sworn in and appointed to the magistracy on 18 May 2011. Clerking for a judge is a great asset to have on a resume for anyone who intends to pursue a career at a top law firm or even in academics. In NYC small firm, ex big law folks, no billable hours, niche practice area, appearance of forwarded thinking firm, remote till who knows when, emphasis on pro bono initiatives and building book of business. 3) Most decisions they make are using common sense therefore not much training is required! 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. 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. "Some people are caught in the social trap. Any seat of a high position carries risk. Your email address will not be published. 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. "It affects me but it doesn't affect my decisions. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. Ironically, Roger's least favourite aspect of the job is sending people to jail. 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. 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. 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. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. But Agnes argues it benefits everyone.. Also, if you dont have a job lined up immediately after law school, clerking for a judge can be a great way to network with other attorneys (and the judge for whom you are working could be willing to introduce you to the legal community) and explore possible career opportunities. Term clerks often serve in the position for 1 to 3 years. Read Next: 1. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. 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. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. You may gain additional skills if you choose to receive special training to take on another role eg as a presiding justice or a mentor. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. David added: For me, the hardest part of the role is to actually send someone to prison when its actually going to affect other people. There are certain advantages and disadvantages to using lay magistrates. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Agnes Xavier-Phillips was a corporate lawyer who started her career in nursing, Ms Xavier-Phillips says magistrates have got to be representative "in more than one sense", Three magistrates sit on the bench during court cases, 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 are supported by a legal assistant, or clerk - a qualified barrister or solicitor. Named one of the fastest growing companies in the United States. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Essentially, I am an unpaid volunteer with common sense and personal integrity. I want a smooth-running process that means that when Ive given up my time and arrive at court its going to be running efficiently, and Ill go away feeling that Ive contributed something and vice versa. They are an integral part of the justice system and as such need to be nurtured and supported. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. "Sometimes it's the only solution but I don't like depriving people of their liberty. Video, Record numbers of guide dog volunteers after BBC story, Magistrates' court: Prosecuting cases from Spice to knife crime, 'Exhausting' - a day in the life of a duty defence lawyer, made by criminal solicitor Katy Hanson, that while there are flaws in the system, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, Bieber cancels remaining Justice world tour dates, China and Belarus call for peace in Ukraine, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. Magistrate Roger Sanders. Otherwise you will be prompted again when opening a new browser window or new a tab. 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. 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. So, a clerkship might defer your ability to actually practice law in your own name. 4% are under 40, 50% are over 60. Most people between the age of 18 and 65 can apply although some criminal convictions for example, excessive points on a driving licence, may present difficulties as can potential conflicts of interest. And when you have that eye-opener, it makes you sometimes a better person, sitting with different people with different ways of thinking it helps you develop as a person. Click to enable/disable essential site cookies. There can be threats if the decision by a judge is not favourable for a party or section of people. 1000 more judges would be required. "I think more young people should become involved," he said. 2- Judges enjoys great honor in the society. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. But, everything present on this planet has both negative and positive aspects. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. 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. These adverts enable local businesses to get in front of their target audience the local community. Earn your bachelor's degree. It sounds very pompous but essentially magistrates - although they're not social workers - can end up making decisions that affect the course of individuals' lives in a positive way. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. In doing so they both give back to the community in a valuable way and invest in staff development. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Above all magistrates felt undervalued. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! The length of time since they committed the offence is also a factor. When you look at a defendant regardless of the circumstances you look at them as human beings.. "If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. "We are really there as adjudicators, to look at both sides of the argument," he said. 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. UNITED STATES MAGISTRATE JUDGES SALARY $185,012 per year; $15,418 per month Electronic Funds Transfer Taxation of Pay FEDERAL HEALTH INSURANCE 60 days from entrance on duty to elect coverage for self or family Fifteen plans (fee-for-service, HMO, CDHP, or HDHP) Check to enable permanent hiding of message bar and refuse all cookies if you do not opt in. He or she must be of age group between 21 to 35 years (age differs from state to state). And I think that value has certainly been eroded. 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. Change), You are commenting using your Twitter account. 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. Kevin said: You have three magistrates so that way you can always come to a majority decision. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. In the final piece in our series, we look at the magistrates themselves. I felt that I had been called upon to truly serve the community. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. We had one man who was a regular drug user and he had been in and out of court many times. As a magistrate I feel like Im giving something back and helping put people on the right path.. 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. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts.
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