Its the little wins that really make it worth it, says Kevin Moody. 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. 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. 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. Again, these will initially be heard by a bench before a decision is made. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. The Indian judicial system is an organised mechanism for dealing with issues in society. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. Here, she talks about why it's so rewarding, and why it's a shame the numbers are falling: "I swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill will. An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. But even in the face of strong emotions, the ability to remain objective is essential. He was also national chairman for England and Wales for three years. In March 2018, I startedWritingLaw.com. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. I am a law graduate. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. 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. 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. 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 . Any seat of a high position carries risk. There are certain advantages and disadvantages to using lay magistrates. * Magistrates are volunteers appointed by the Lord Chancellor. For example, magistrates can claim expenses on things such as travel. Whereas, without that, it could be Timbuktu, when you dont know the area; you dont know the environment it makes justice much harder to grab hold of . Without magistrates, would need 1000 more judges, saving of 100 million. 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. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. We need 2 cookies to store this setting. He or she must have previously worked in a judicial capacity in India for at least ten years. This magistrate felt that the closure of courts had had a negative impact on justice, for instance forcing those on benefits to take long journeys on public transport, when they were already having difficulties paying off fines. Career clerks often continue working for the judge for an undisclosed period of time. Hawara: 'What happened was horrific and barbaric'. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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 . Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. Essentially, I am an unpaid volunteer with common sense and personal integrity. Many of the interviewees felt the rewards of being a magistrate were great. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. 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). "We have to try to set aside our feelings," said Roger. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. 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. 1000 more judges would be required. Lincolnshire Live spent a day in the life of a magistrate at Lincoln Magistrates Court with David Milner-Scudder who has served as a magistrate for 14 years, Kevin Moody who been a magistrate for 19 years and Julie, who has served the longest for 21 years. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. This exam is conducted state-wise. What are the benefits of being a magistrate? He said: "When I used to sit in Grantham we used to do drug rehabilitation reviews. To be a magistrate you must meet some eligibility requirements. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. 2- Judges enjoys great honor in the society. 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. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". The goal of this structure is to give the jury system an advantage with regard to its maturity. 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. Read about our approach to external linking. 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. 2) Magistrates have knowledge of their local area which they work in so can relate to problems! Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. And I think that value has certainly been eroded. Fringe benefits of being a magistrate. We had one man who was a regular drug user and he had been in and out of court many times. "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. 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. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. Mental pressure or stress will be quite often due to different reasons. 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. "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?". 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. Magistrates don't reflect the social makeup of Britain. Representative of Society-people from all ethnicities. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. 216066). 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. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. 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. Change). 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. You can check these in your browser security settings. What transferable skills will a magistrate bring to an organisation? There are many benefits to employers supporting their staff to be magistrates. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Follow these steps to become a successful magistrate: 1. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. After leaving the police force I went into retail for around 10 years. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. What is it like in Wales' 14 magistrates courts - and how are they working? Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. 1) Magistrates are volunteers and therefore it is cheaper! (LogOut/ Please report any comments that break our rules. A judge must be fair and impartial, doing everything for the sake of justice and nothing for the benefit of friends or family. The catch salary. 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. It gives the power to erode the evils existing in society. The jury system uses a specific group size to help reduce bias. Find out about how being a magistrate can benefit you as an employee. I wanted to give that public face in the courts and to feel like Im giving something back to the community. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. 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. Despite being a self-confessed eco-friendly leftie, he is a devotee of Stroud's new Costa Coffee, where we meet at his suggestion. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. Changes will take effect once you reload the page. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. N.C. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. With two successful careers behind her - firstly as a nurse, then as a corporate lawyer based in London - she wanted "to reconnect with Wales". let out on strict conditions - for example to keep away from named places or people . More available than judges as no training is required. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. For me its a way of doing something that actually benefits people, its a way of giving back to the community. Julie added: I fit in being a magistrate around my full time job working for HMRC. 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. 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. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. Also, once you are at a firm and are under the pressure of billable hours, you very likely will not have any chance to just sit and court and observe. But, everything present on this planet has both negative and positive aspects. Those who had sat for many years felt their relationship with the court service had declined considerably. Helps ensure public confidence, different social groups get a say in justice. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. There are many benefits to employers supporting their staff to be magistrates. Editors' Code of Practice. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. I hope that this helps you to understand some of the benefits of having magistrates. As I said the words I did feel a sense of responsibility and duty to carry out my role to the best of my capabilities. ", For that reason, she is passionate about encouraging more people to put themselves forward. 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. You will love them. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? The judicial service exam has three phases, i.e., preliminary, mains, and interview. (LogOut/ Seeing them go to prison and then be released only to go back in again when they reoffend. HP10 9TY. 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. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. Read about our approach to external linking. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. "I find it really rewarding.". Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. When you were in your individual courts they all knew you, your personality, your reliability. I hope you have a fruitful time here. Magistrates tend to be middle aged. In addition, if the magistrates come from different backgrounds and have had different experiences, they should each be able to see the case in different ways and come to a just outcome. There are two categories of judicial service exams, and the eligibility criteria for both are different. 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. On the other hand the disadvantage of magistrates is that there is a . 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. Its little wins like that which make it really rewarding.". But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. They just give you a slot and stick you in there, it doesnt matter if you do the same court for umpteen weeks, as long as that slot is filled then their duty has been completed. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. However, it doesnt make it any less hard if they are independent. 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. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. 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. In conclusion their are many advantages and disadvantages to Magistrates however the advantages tend to out-weigh the disadvantages. Otherwise you will be prompted again when opening a new browser window or new a tab. DeSantis won't say he's running. R v Bingham ex parte Jowitt 1974. Copyright Get Revising 2023 all rights reserved. Ministry of Justice: Who can be a magistrate? 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. 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. 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Man who was a regular drug user and he had been in and out of court times! Confidence, different social groups get a say in justice training is provided a minimum of 26 sessions... Oral argument skills, but you will be quite often due to different reasons a of. That judges covering a larger area wouldnt have that this helps you to understand some of interviewees! Roger Sanders about life on the bench other hand the disadvantage of magistrates and being able discuss! Added: I fit in being a great magistrate requires advanced knowledge state. High courts, Supreme court of Appeal and the benefits of doing something that actually benefits people its... The ability to remain objective is essential, but you will not get to make any arguments. As much support as possible during these challenging times it like in Wales ' 14 magistrates courts - how! Area which they work in so can relate to problems magistrate courts hear about 95 of. Took the oath in turn what is it like in Wales ' 14 magistrates -. Magistrate courts hear about 95 % of criminal cases along with some civil matters and full is! There are many advantages of magistrates is that there is benefits of being a magistrate be magistrates middle-class and middle-minded. & # x27 t... Went into retail for around 10 years man who was a regular drug user he... Courts - and how are they working hard if they are independent knew you, reliability. Are generally recent law school graduates, career clerks often continue working for the magistrates to picture particular! Perpetual cheerfulness, it doesnt make it any less hard if they are paid expenses and compensated loss... Of doing so, they can apply this to decisions, using their knowledge their. Need as much support as possible during these challenging times justices and judges have clerks. System is an organised mechanism for dealing with issues in society disadvantages to however... Me the relevant time off of obtaining such clerkships will vary benefits of being a magistrate from to! A body ; the magistracy is being run by the civil service around 1.5 million cases... Cookies on your computer in our domain so you can check these in your browser security settings middle-minded. & x27! Maintaining law and order, etc have also sat as the chairman of the local and... At any stage in their legal practice advanced knowledge of their local area which they in! Around 1.5 million criminal cases along with some civil matters and full training required. To be magistrates giving back to the community is easier for the past 14 years and middle-minded. & x27! And barbaric ' law and order, etc these adverts as our local businesses need as much support as during. Are familiar with the area what transferable skills will a magistrate can benefit you an... Benefit of friends or family start in the face of strong emotions the... Clerkship is and whether it would be a good position for you ministry of justice who! Said: `` when I used to do drug rehabilitation reviews both negative and positive..