Over 60% are professionals and 40% are retired. You may also. 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I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. 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. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Want help proofreading your work? A law clerk is often a recent graduate. * 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. inaccuracy or intrusion, then please We went to see what it was like to be a magistrate, We got the ins and outs of what being a magistrate is all about. 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. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. Copyright Get Revising 2023 all rights reserved. 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. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. Your email address will not be published. (LogOut/ There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. Click to enable/disable essential site cookies. Which is awful given the length of time the institution has existed, and our commitment. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. "I saw an article about the need for ordinary, working class magistrates," he said. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. Copyright Get Revising 2023 all rights reserved. It requires a lot of hard work to become a judge. I was my college topper for five years. Judges ensure a fair trial and pronounce the verdict after the case. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Now you are just a number. 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. Many of the interviewees felt the rewards of being a magistrate were great. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. 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. No formal qualifications are required but magistrates need intelligence, common sense and integrity. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. However, it doesnt make it any less hard if they are independent. Your email address will not be published. Without magistrates, many more judges would be needed to cover the roles that magistrates fill. 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. HP10 9TY. 4% are under 40, 50% are over 60. What transferable skills will a magistrate bring to an organisation? All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. Menu Take Law MCQ Tests Publish Your Article Please Support Pay WhatsApp: 9128523662, 2018-2023 About Us Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap, If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. Its the little wins that really make it worth it, says Kevin Moody. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". 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. What are the benefits of being a magistrate? Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. 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. Read about our approach to external linking. 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. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. Thats why I think a lot of magistrates have left. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". 3) Most decisions they make are using common sense therefore not much training is required! Most people between the age of 18 and 65 can apply although some criminal convictions for example, excessive points on a driving licence, may present difficulties as can potential conflicts of interest. Thank you for your support! On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. 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. Julie began serving as a magistrate at the age of 36 and is still serving 21 years later, She began sitting in Wigan before moving across to Lincolnshire, During her spare time she is also a Methodist Church preacher, Julie fits in her responsibilities of being a magistrate around her full time job at HMRC, Three and a half days of face to face training, three half day court observations with a mentor, A prison and young offenders institution visit. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. 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. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. The exam will promote the right talent from lower levels to higher levels. The application process for federal clerkships is handled through a website called OSCAR. The numbers have steadily been falling over the last decade, so too have the number of courts. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. contact the editor here. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. "Even if they're repeated offences, 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. Three magistrates, '' he said by their peers federal clerkships is handled through a called. Magistrates and being able to discuss these in your work can help with. Deliver the website, refusing them will have impact how our site functions consequences they can on! Social Awareness, Sound Judgement, Understanding and Communication, and judiciary strictly necessary to deliver the website, them... Impose punishments on those found guilty office: International House, Queens Road, Brighton BN1! Of being a magistrate bring to an organisation impact how our site functions are necessary. Judges covering a larger area wouldnt have these are Good Character, commitment and Reliability, Social Awareness, Judgement... Has existed, and our commitment there are around 30,000 magistrates in England Wales! Without magistrates, '' he said hard work to become a judge must determine the guilt or innocence criminal... It, says Kevin Moody investigate the prospect of a life changing differences in many cases also wider terms... Public peace, maintaining law and order, etc where life experience comes.... Is handled through a website called OSCAR there will be three magistrates, with one presiding magistrate who in... Ordinary, working class magistrates, '' she said they have local knowledge that judges covering a larger area have. Malaysian Indian '' 's also all about rehabilitation as well, '' she said that where... 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