"Trying to put something through an algorithm won't work," she said. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. Also, the training given to every magistrate can be expensive. They are appointed by the President on the advice of the Judicial Service Commission. A woman described a day in court, which she had taken off work : today I sat at X and spent most of the time doing nothing, because of the administration of the courts. 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. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. '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. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. Mental pressure or stress will be quite often due to different reasons. 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. Ministry of Justice: Who can be a magistrate? Time spent on specialised panels like youth or family courts will increase that. You can serve the nation by becoming a judge. Most judges have at least one attorney on their staff who helps the judge conduct legal research, prepare for hearings and trials and draft written opinions. Editors' Code of Practice. 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. THE organiser of Stroud's alternative and hugely . These adverts enable local businesses to get in front of their target audience the local community. 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. (LogOut/ Please report any comments that break our rules. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. The other two are called wingers. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. 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. The application process for federal clerkships is handled through a website called OSCAR. Prosecution Biased- As untrained , they may side with the police. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. They train for four years (seven if you count the three year continuation training) and have a legal clerk on hand if they get stuck on the finer . More available than judges as no training is required. Professional Proofreading and Copy-Editing. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Click to enable/disable Google reCaptcha. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. "We are really there as adjudicators, to look at both sides of the argument," he said. A power that can protect people. "I find it really rewarding.". Registered Charity (No. In March 2018, I startedWritingLaw.com. Many felt that central government wanted to take over the magistracy and them to be simply hired hands, who turned up when they were told to and never spoke up. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". NCAOC PROJECTS THAT INVOLVE THE RESPONSIBILITY OF MAGISTRATES Project Description of Project Benefits Magistrate Video Project (MVP) The Magistrate Video Project (MVP) provides software and . And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. contact the editor here. 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. Those ads you do see are predominantly from local businesses promoting local services. More than half were over 60. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. One day he came in for his review and he had brought in some paper with him. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. This means that more funds can be used elsewhere in the legal system, where they might be needed more. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. Representative of Society-people from all ethnicities. In addition, magistrates are a relatively cheap option for the legal system compared to judges. 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 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. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. 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. The family court is a real eye-opener. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. let out on strict conditions - for example to keep away from named places or people . However, these costs are still much lower than the cost of replacing all the magistrates with judges, so magistrates remain the most cost-effective option. There are many benefits to employers supporting their staff to be magistrates. 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. Because most of us live in our world. 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. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. 806 8067 22 This website and associated newspapers adhere to the Independent Press Standards Organisation's Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. Thank you for your love and support. Now you are just a number. Due to security reasons we are not able to show or modify cookies from other domains. There are certain advantages and disadvantages to using lay magistrates. As a magistrate I feel like Im giving something back and helping put people on the right path.. Save my name, email, and website in this browser for the next time I comment. Which is awful given the length of time the institution has existed, and our commitment. Your email address will not be published. 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. He or she must be of age group between 21 to 35 years (age differs from state to state). We may request cookies to be set on your device. The catch salary. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Furthermore, if you arent sure exactly what you would like to practice following law school, clerking is also a great way to gain exposure to a wide variety of types of law. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. HP10 9TY. I hope that this helps you to understand some of the benefits of having magistrates. As mentioned above, magistrates do not need to already have legal knowledge or training. VideoRecord numbers of guide dog volunteers after BBC story. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. The BBC is not responsible for the content of external sites. The goal of this structure is to give the jury system an advantage with regard to its maturity. What is it like in Wales' 14 magistrates courts - and how are they working? But even in the face of strong emotions, the ability to remain objective is essential. Want help proofreading your work? 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. Justices of the Peace should be able to listen to all sides of an argument and arrive at fair and reasonable decisions - a quality which I test continuously during domestic disputes between my three children. Julie currently still works full time for HMRC while sitting as a magistrate. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. 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. Because I work for the Government I get 19 special leave days, which I use to sit as a magistrate.. 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. Another advantage of magistrates is that they are seen as trustworthy by the public. 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. "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?". In court, a qualified legal advisor is always on hand to provide information about the law. It is often highly regarded. "My wife said, go on, you could do that' and off I went.". Being a magistrate is a voluntary role, but you can claim expenses. It can be really disheartening, as the chain is just not being broken.. "I think more young people should become involved," he said. That feels good." "Some people are caught in the social trap. 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. 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. There are many benefits to employers supporting their staff to be magistrates. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. Magistrates deal mainly with minor or summary' offences such as public disorder and motoring offences. It is a job with a high level of responsibility and is a very reputed position. Many law schools require students to complete their bachelor's degrees in any field. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. 7A-170 and 7A-143. He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. Its little wins like that which make it really rewarding.". 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. By continuing to use this site you are giving consent to cookies being used. Two stages of interviews will be held between May and June. 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. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. We had one man who was a regular drug user and he had been in and out of court many times. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. 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. Or by navigating to the user icon in the top right. Please be aware that this might heavily reduce the functionality and appearance of our site. Being a Magistrate is not usually a full-time job, nor is it paid. 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. Copyright Get Revising 2023 all rights reserved. I was motivated to become a magistrate after years of court reporting. Changes will take effect once you reload the page. 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