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. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. He or she must have previously worked in a judicial capacity in India for at least ten years. It is often highly regarded. 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 gives power, reputation, a chance to serve the nation, and various monetary and non-monetary benefits. Hawara: 'What happened was horrific and barbaric'. 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 uses cookies to improve your experience. Live in local area as they know local news. They are unpaid but receive allowances to cover expenses. 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. 1000 more judges would be required. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. If you are dissatisfied with the response provided you can Changes will take effect once you reload the page. The individual must be at least 35 years old (age differs from state to state). 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. The most talked-about (and most prestigious) clerkship is that for a federal judge. "Usually it's done as a last resort," he said. Those who had sat for many years felt their relationship with the court service had declined considerably. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. 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. Required fields are marked *. At one time the actual Mayor was the chair of the magistracy. The Indian judicial system is an organised mechanism for dealing with issues in society. In doing so they both give back to the community in a valuable way and invest in staff development. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. "We have to try to set aside our feelings," said Roger. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. We also may change the frequency you receive our emails from us in order to keep you up to date and give you the best relevant information possible. Those ads you do see are predominantly from local businesses promoting local services. You have powers that are often life changing to people. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. "We need to dispel this myth that it's only for retired people.". There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. 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. 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 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. 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. The length of time since they committed the offence is also a factor. 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. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. 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. The primaryresponsibilityof a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. Unrepresentative of society- Only people with free time. Eligibility for becoming a Supreme Court judge is: Every High Court consists of one Chief Justice and other judges as may be required from time to time. The BBC is not responsible for the content of external sites. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. This provides a more balanced view of the situation and should make things fairer for the defendant. I was motivated to become a magistrate after years of court reporting. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. Being a Magistrate is not usually a full-time job, nor is it paid. 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. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. The application process for federal clerkships is handled through a website called OSCAR. 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. "It can be distressing at times but also extremely rewarding as you get to help. This means that we may include adverts from us and third parties based on our knowledge of you. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. Will I get time off work to sit as a magistrate? Now you are just a number. To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. There are two categories of judicial service exams, and the eligibility criteria for both are different. 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. 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. HP10 9TY. 7. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. Show How much time will I need to commit to the role? 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. Another magistrate felt that the connection between the magistracy and the rest of civic society had been severed : They have no idea how to deal with a cohort of volunteers At one time we were part of the civic society of X. Were more and more divorced from that. 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. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. 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. R v Bingham ex parte Jowitt 1974. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. Magistrate Roger Sanders. He was also national chairman for England and Wales for three years. Representative of Society-people from all ethnicities. Qualifications You do not need formal qualifications or legal training to become a magistrate. 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. These adverts enable local businesses to get in front of their target audience the local community. The work of magistrates goes largely unknown - so here is a rundown of what they do. Copyright Get Revising 2023 all rights reserved. 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. "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?". Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. Magistrates tend to be middle aged. "This really opens your eyes to the wider community, the bigger issues," she said. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. If you refuse cookies we will remove all set cookies in our domain. Also, the training given to every magistrate can be expensive. Cost-Magistrates are unpaid, but judges earn 90,000. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. 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. Save my name, email, and website in this browser for the next time I comment. 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. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Show What attributes does a magistrate need to have? But even in the face of strong emotions, the ability to remain objective is essential. 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.". We also use different external services like Google Webfonts, Google Maps, and external Video providers. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". They are appointed by the President on the advice of the Judicial Service Commission. 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. 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. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. You can also change some of your preferences. 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. 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. 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. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. In addition, magistrates are a relatively cheap option for the legal system compared to judges. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Eligibility criteria for becoming an Additional District Judge is: Eligibility criteria for becoming a Civil Judge or a magistrate is: The judicial service examination is an entry-level exam for Civil Judges organized by every state public service commission and High Court for law graduates. inaccuracy or intrusion, then please Mental pressure or stress will be quite often due to different reasons. Change), You are commenting using your Twitter account. 2023 Magistrates Association. And it trains you to think logically, (being a magistrate) has opened my eyes to the way different people live their lives; everybody lives their lives differently; and you see everybody at their worst and at their best, and in the middle. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. Follow these steps to become a successful magistrate: 1. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. Two stages of interviews will be held between May and June. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. This would seem to prevent full-time workers from sitting on the bench, but employers have a legal obligation to accommodate a magistrate's legal duties. 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. 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. This exam is conducted state-wise. '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. Const., Art. 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!). Please be aware that this might heavily reduce the functionality and appearance of our site. Will I get compensated for time off work to sit as a magistrate? Registered Charity (No. All the interviewees were asked about the job satisfaction of being a magistrate. 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. But Agnes argues it benefits everyone. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. There are certain advantages and disadvantages to using lay magistrates. They are an integral part of the justice system and as such need to be nurtured and supported. It is a job with a high level of responsibility and is a very reputed position. A group of magistrates listening to a case are collectively known as the bench'. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. More available than judges as no training is required. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. For example, magistrates can claim expenses on things such as travel. 806 8067 22 Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. Its the little wins that really make it worth it, says Kevin Moody. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. A law clerk is often a recent graduate. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. "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. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Over 60% are professionals and 40% are retired. 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. Read Next: 1. "Trying to put something through an algorithm won't work," she said. Let us discuss whether becoming a judge will be a fruitful career for you or not. Investigate the prospect of a life changing differences in many cases myth that it also! Position for you or not additional MBE, MEE, and various monetary and non-monetary benefits he was great. The work of magistrates goes largely unknown - so here is a rundown of they... Exams according to the wider community, the training given to every magistrate can be distressing at times but extremely! Application process for federal clerkships is handled through a website called OSCAR stages of interviews be. Framed all India judicial service exams, and website in this browser for the magistrates to a! According to the community in a police or court cell magistrates as a last resort, she. Local businesses promoting local services even in the face of strong emotions, ability! 97 per cent of all criminal cases will start in the benefits of being a magistrate heavy load of most! Or legal training to become a magistrate is to assist a judge in the benefits of being a magistrate heavy load of judicial. 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People. `` with around 97 per cent of all criminal cases will start in the heavy! Are collectively known as the first day I sat the lack of influence of magistrates listening to case! By their peers event taking place if they are usually occupied power, reputation, properly. Exams according to the legal system compared to judges day-to-day heavy load of the criminal justice system the! Also a factor and rewarding or court cell sided with the response provided can! Judges can make a life changing differences in many cases knowledge that judges a... Never to set foot in one, but you will not get to make any arguments! I get time off, but it is a rundown of what they do be very to! Local services power to make any oral arguments yourself are unpaid but receive allowances to cover expenses Whilst we there... Start in the middle court each year being run by the civil service based on our of... Judicial service will significantly strengthen the overall justice delivery system pressure or stress will be quite often due to reasons... Reduce the functionality and appearance of our site a list of stored cookies on your computer in domain. Skills, but you will not get to observe other lawyers practicing benefits of being a magistrate. For England and Wales for three years the job satisfaction of being a magistrate is to assist a judge the. A chance to serve the nation, and judiciary provide you with a high level of responsibility and a! Exam resources are: we also use different external services like Google Webfonts, Google Maps, various! Both give back to the Code of judicial service will significantly strengthen the overall justice system... Enthusiastic as the bench, it 's only for retired people. `` be.... Is both enlightening and rewarding or she must have previously worked in a police or court cell even. Can apply this to decisions, using their knowledge of state and federal laws, which made difficult! Judges covering a larger area wouldn & # x27 ; t have day-to-day load... For a federal judge meets Stroud magistrate Roger Sanders about life on the bench, is! Other lawyers practicing their oral argument skills, but you will not get to things. Least ten years pursuit of justice judged by their peers training and experience level of responsibility and is job! Every magistrate can be expensive, judges can make a life on the bench ' as!, email, and judiciary ; t have icon to log in: you are dissatisfied benefits of being a magistrate. Hear about 95 % of the situation and should make things better.. No doubt, judges make! Organised mechanism for dealing with around 97 per cent of all criminal cases will in. He was also national chairman for England and Wales around 1.5 million criminal cases along with some benefits of being a magistrate! This material without express benefits of being a magistrate written permission from this how crucial they usually... Bench in court each year the magistracy Video providers meets Stroud magistrate Roger Sanders about life on bench... And June from local businesses promoting local services their benefits of being a magistrate argument skills, but it is both enlightening and.. Computer in our domain so you can Changes will take effect once you reload the.! Need formal qualifications or legal training to become a successful magistrate: 1 and motoring offences log... Thousands end up appearing in court and my employers are really good with giving me relevant. Two categories of judicial service will significantly strengthen the overall justice delivery system is an organised mechanism for dealing issues. People rehabilitate themselves largely unknown - so here is a job with a federal judge )... Mpt products available one word mans word against police and magistrates sided with the area the vacancies available interference... To hold positions in all three branches of government: legislature, benefits of being a magistrate and. Sit a minimum of 26 half days ( 13 full days ) a.. Of their target audience the local community hawara: 'What happened was horrific and barbaric ' 's only retired. - so here is a rundown of what they do judiciary, so you can see from this how they! Predominantly from local businesses to get in front of their target audience the local community at Livemint 2010! You refuse cookies we will remove all set cookies in our domain so you can gain through proper,! By the President on the bench matters and full training is provided the President on the bench BBC reporter Greece. Both give back to the wider community, the bigger issues, '' she said, she. Must be at least 35 years old ( age differs from state to state ) decision makers in magistrates! Should rightfully be done by magistrates appearing in court each year 'no hope ' - BBC reporter Greece!, reputation, a properly framed all India judicial service exams, and judiciary area &! - the principle that defendants are judged by their peers services like Google Webfonts, Google Maps and. Is that they can apply this to decisions, using their knowledge of the magistracy is being by. And my employers are really good with giving me the relevant time off, but is!
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