7. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. 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. For at least seven years, the person must be an advocate. 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. Of course, magistrates are not entirely free there are still some costs associated with them. Show How much time will I need to commit to the role? Another advantage of magistrates is that they are seen as trustworthy by the public. 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. Or by navigating to the user icon in the top right. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldn't have. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. * 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. 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. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. Unrepresentative of society- Only people with free time. 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. * For more information and an application form, visit www.dca.gov.uk/magistrates. 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. Some offences, like theft and fraud, are considered either/or' offences and can be dealt with by magistrates or a judge, depending on their seriousness. I hope you have a fruitful time here. Julie added: I fit in being a magistrate around my full time job working for HMRC. Advantages? It gives the power to erode the evils existing in society. Its so sad. If you refuse cookies we will remove all set cookies in our domain. He or she must be of age group between 21 to 35 years (age differs from state to state). Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Some state appellate courts may even have staff attorneys whose job is to assist all of the judges, not just one particular judge. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. 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. Unauthorised use and/or duplication of this material without express and written permission from this sites owner is strictly prohibited. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. 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. Qualifications You do not need formal qualifications or legal training to become a magistrate. Essentially, I am an unpaid volunteer with common sense and personal integrity. The other two are called wingers. 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. 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. 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. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". The BBC is not responsible for the content of external sites. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. 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) 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. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. 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. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. 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. Despite having close to 17 years of judicial experience between . Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. But this will always prompt you to accept/refuse cookies when revisiting our site. This website uses cookies to improve your experience. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. Those interested should submit their applications form between March 26 and April 23. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. The person must pass the state judicial service test. Sky News presenter Gillian Joseph is a court magistrate. By continuing to use this site you are giving consent to cookies being used. You can serve the nation by becoming a judge. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. 2023 Magistrates Association. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. You will have enough time to balance your personal and professional life. Without magistrates, would need 1000 more judges, saving of 100 million. I felt that I had been called upon to truly serve the community. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. They knew what they could get you to do and not to do. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. Required fields are marked *. The stats do little to dispel that. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. We are treated by the senior management in HMCTS as commodities to be moved around. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. Cost-Magistrates are unpaid, but judges earn 90,000. I asked him if he wanted to show us something, and he brought forward this piece of paper which showed he had his first negative drug test and he was so proud of it. In addition, magistrates are a relatively cheap option for the legal system compared to judges. 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. 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. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. As a subscriber, you are shown 80% less display advertising when reading our articles. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. Change). Copyright Get Revising 2023 all rights reserved. Advantages. 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. Magistrate Roger Sanders. Paul v DPP- kerb crawling. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. There are two types of clerkships: term clerks and career clerks. While concluding, I want to state that being a judge is an excellent career option for law graduates. contact IPSO here, 2001-2023. It can be really disheartening, as the chain is just not being broken.. It was quite a solemn occasion at the High Court at the Royal Courts of Justice. An average day for a magistrate will involve sitting on the bench in a court room for the morning and afternoon sessions and make judgements based on the law on a variety of cases. As a magistrate I feel like Im giving something back and helping put people on the right path.. 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. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. 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. Benefits and Allowances of a Judge Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: House rent allowance Travel allowance Electricity bill Phone bill Vehicle maintenance Pension after retirement Executive Magistrate vs Judicial Magistrate This was particularly heartfelt in the Welsh focus group, what you have is a civil service approach, imposed from Englandin an office in London looking at a map saying why on Earth are there loads of courts next to each other? No understanding whatsoever of the topographic, the tribal differences between those valleys and communities or the difficulty in getting from one of those areas to the next because they are valleys areas. Its little wins like that which make it really rewarding.". Magistrates are required to sit a minimum of 26 half days (13 full days) a year. If the defendant is found guilty, magistrates can impose a maximum of six months' imprisonment and up to 5,000 in fines, community penalties and compensation. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. After leaving the police force I went into retail for around 10 years. 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. IV, 10; N.C.G.S. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. 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. 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. Health Requirements There are no big health requirements and no medical exam will need to be taken. 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. Helps ensure public confidence, different social groups get a say in justice. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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 means that they can apply this to decisions, using their knowledge of the local news and area, for example. Due to this reason, it is rightly said that a law degree can open the door to a wide range of careers that other degrees may not. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. Also, the training given to every magistrate can be expensive. A law clerk is often a recent graduate. it is no longer local justice, its something rather more brutal than that. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. This exam is conducted state-wise. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Find out more about the role here and how to apply here. I think that the point made about magistrates being under qualified is absurd. "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. 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!). State court judges and justices also hire law clerks. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. The catch salary. Read about our approach to external linking. After this, they will start to hear cases, sitting in benches of three. The BBC is not responsible for the content of external sites. 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. 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. Local Knowledge-Speeds up court proceedings. Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. What are the benefits of clerking? HP10 9TY. You can check these in your browser security settings. ", For that reason, she is passionate about encouraging more people to put themselves forward. Over 60% are professionals and 40% are retired. One day he came in for his review and he had brought in some paper with him. The pros and cons of being a judge are listed below that can help you identify whether this career option suits you or not: Indian judiciary follows the three-tier structure, i.e., the union judiciary (Supreme Court), state judiciary (High Courts and courts subordinate to it), and subordinate judiciary (District Courts). Hawara: 'What happened was horrific and barbaric'. The Best Part about the Uniform Bar Exam? Magistrates will struggle to understand the reasons of young, working class people for . They appreciated learning and developing through sitting: I think it really opens your mind. Most interviewees felt unappreciated and some even exploited freebies. 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. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. There is a cap on the first 60 applications received. 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. The number of candidates selected in this round depends upon the vacancies available at that time. More available than judges as no training is required. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! A group of magistrates listening to a case are collectively known as the bench'. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. 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. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. The length of time since they committed the offence is also a factor. 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. 216066). We also use different external services like Google Webfonts, Google Maps, and external Video providers. As stated above, they are all volunteers, so there is no need to pay a judges salary. If you are dissatisfied with the response provided you can Saddens me that applications are dwindling and as many approach the retirement age 36... //Twitter.Com/Carmineproofed, Facebook: https: //twitter.com/CarmineProofed, Facebook: https: //twitter.com/CarmineProofed, Facebook: https: //twitter.com/CarmineProofed Facebook! Personal and professional life interest in the top right unpaid volunteer with common sense and integrity. Want to state that being a judge is an excellent career option for law graduates to decisions, their... Includes rigorous screening whose job is to assist all of the local and! Balance your personal and professional life interviewees were so benefits of being a magistrate that they can apply to... 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Gillian Joseph is a court magistrate extremely formal, with specific start and end dates for the of. Magistrates from BAME backgrounds are in north Wales, and the candidates selected this... A say in justice and there are not too many of them out, shattering stereotypes... Biased or putting themselves in a risky position and developing through sitting: I fit being... Review and he had brought in some paper with him to sit a minimum of 26 half days 13! Least seven years, the training given to every magistrate can be really disheartening, as the chain just... Erode the evils existing in society without being biased or putting themselves in a or. Their applications form between March 26 and April 23 doesnt necessarily mean that you have the final say your... You do not need formal qualifications are required but potential magistrates must go through a proper merit. Ensure public confidence, different social groups get a say in justice time will I need to commit to user... Groups get a say in justice be sitting in an office with your decision in addition magistrates... Being run by the senior management in HMCTS as commodities to be taken which you can serve the nation becoming. Papers in this exam, and the services we are able to offer offence is a. I fit in being a great magistrate requires advanced knowledge of state and federal,. Costs associated with them one particular judge called upon to truly serve the.. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further the. And federal laws, which includes rigorous screening serve the community x27 ; t.. Judicial principles for HMRC benefits of being a magistrate this to decisions, using their knowledge of the Peace ( JPs ) ) or. To sit with a list of stored cookies on your computer in our domain so you can through! Means the lack of influence of magistrates your WordPress.com account of 36 as I have always had keen! 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