Because most of us live in our world. 4% are under 40, 50% are over 60. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. 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. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Each magistrate finds different aspects of the role challenging, from giving someone a custodial sentence to seeing repeat offenders walk back through the door. 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. The length of time since they committed the offence is also a factor. They are an integral part of the justice system and as such need to be nurtured and supported. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. At the crash site of 'no hope' - BBC reporter in Greece. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. "This really opens your eyes to the wider community, the bigger issues," she said. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Judges often hire law clerks one to two years in advance of the date on which the clerk will actually start working for the judge. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. He shall be a respected jurist, according to the Indian president. 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. 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. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. While concluding, I want to state that being a judge is an excellent career option for law graduates. 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!). Magistrates are required to sit a minimum of 26 half days (13 full days) a year. "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. 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. 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. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. I think that the point made about magistrates being under qualified is absurd. 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. The number of candidates selected in this round depends upon the vacancies available at that time. A career as a judge will surely give you financial and job security. As a magistrate I feel like Im giving something back and helping put people on the right path.. The exam will promote the right talent from lower levels to higher levels. 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. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. 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. 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. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. Others were rewarded by their interaction with defendants and court users I think people who dont know about being a magistrate think you are just sending people down or you are being nasty, but most of the time we are trying to help people. Being a magistrate is a voluntary role, but you can claim expenses. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. State trial court judges sometimes also have law clerks. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. This website and associated newspapers adhere to the Independent Press Standards Organisation's EXECUTIVE SUMMARY OF BENEFITS . 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. 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. We will also look more closely at the magistrates themselves and consider the benefits they bring. Copyright Get Revising 2023 all rights reserved. Thats all changed. Copyright Get Revising 2023 all rights reserved. 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. "I saw an article about the need for ordinary, working class magistrates," 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. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. 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. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. There are about 14,000 magistrates in England and Wales who sit . Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. Its little wins like that which make it really rewarding.". Ironically, Roger's least favourite aspect of the job is sending people to jail. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. There can be threats if the decision by a judge is not favourable for a party or section of people. "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. 216066). Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. The Best Part about the Uniform Bar Exam? As always you can unsubscribe at any time. Advantages. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. Legal guidelines state magistrates should be from a range of backgrounds, reflecting the community they serve in terms of race, gender, occupation, political affiliation and where they live. He was also national chairman for England and Wales for three years. 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. I wanted to give that public face in the courts and to feel like Im giving something back to the community. Despite having close to 17 years of judicial experience between . More available than judges as no training is required. In Wales we've seen 22 close, leaving 14. * 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. "I find it really rewarding.". 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. My family were in attendance and smiled proudly as I completed my lines. 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. 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. If you have a complaint about the editorial content which relates to Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. 10 Legal Jobs and Career Options After Law. 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. 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. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. You can also change some of your preferences. 806 8067 22 This means that we may include adverts from us and third parties based on our knowledge of you. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. A number of magistrates complained that the pace of change was swift and that the training was inadequate. Required fields are marked *. Your email address will not be published. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. There are two types of clerkships: term clerks and career clerks. 1) Magistrates are volunteers and therefore it is cheaper! The salary for clerkships can also deter people from clerking. In addition, magistrates are a relatively cheap option for the legal system compared to judges. You may also. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. 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