In this post, we explain what a judicial clerkship is and the pros and cons of taking such a position! "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. 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. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. This provides a more balanced view of the situation and should make things fairer for the defendant. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. Paul v DPP- kerb crawling. 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. More than half were over 60. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. 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. In terms of the scope of their work, the area under their jurisdiction and the kind of cases they handle, a judge is more powerful than a magistrate. One day he came in for his review and he had brought in some paper with him. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. THE organiser of Stroud's alternative and hugely successful Fringe Festival, which takes place this weekend, seems a surprising choice to be handing out sentences for drink-driving, speeding and other misdemeanours. Also, the training given to every magistrate can be expensive. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. I was motivated to become a magistrate after years of court reporting. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. It is often highly regarded. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. 50% of magistrates above 60 but most defendants under 25. Having stopped full time work four years ago at the age of 60, she was in a position to take on the unpaid role of a JP - a justice of the peace. The stats do little to dispel that. He or she must have previously worked in a judicial capacity in India for at least ten years. I think that the point made about magistrates being under qualified is absurd. But Agnes argues it benefits everyone.. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. You can check these in your browser security settings. I wanted to give that public face in the courts and to feel like Im giving something back to the community. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. Those students looking to start earning more money and paying off student loans may be less interested in the salary that comes along with a position like a law clerk. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. All of the research and writing involved in a clerkship is for the judges review and/or signature. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. What do magistrates say about volunteering while working? This exam is conducted state-wise. A power that can protect people. 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 . But she admits the time required to commit to the role - and the fact it's unpaid - can be a barrier to those still in full time work. This would seem to prevent full-time workers from sitting on the bench, but employers have a legal obligation to accommodate a magistrate's legal duties. Cost-Magistrates are unpaid, but judges earn 90,000. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. But this will always prompt you to accept/refuse cookies when revisiting our site. Your email address will not be published. To read 1 law content daily, message LAW on WhatsApp: 9128523662. Show What do I need to be eligible for this role? These cookies are strictly necessary to provide you with services available through our website and to use some of its features. I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. How to Study and Prepare for Judiciary Exam 3. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. * 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. 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. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. There are many benefits to employers supporting their staff to be magistrates. 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. Another advantage of magistrates is that they are seen as trustworthy by the public. 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. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. 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Show What attributes does a magistrate need to have? He was also national chairman for England and Wales for three years. * Magistrates are volunteers appointed by the Lord Chancellor. If you have a complaint about the editorial content which relates to "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. 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. 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. 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. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. 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. State trial court judges sometimes also have law clerks. Looking to pass the MPRE? Career clerks often continue working for the judge for an undisclosed period of time. What transferable skills will a magistrate bring to an organisation? At the crash site of 'no hope' - BBC reporter in Greece. Read about our approach to external linking. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. "I think more young people should become involved," he said. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. 4) Having no autonomy or influence over resources. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. Please be aware that this might heavily reduce the functionality and appearance of our site. Julie currently still works full time for HMRC while sitting as a magistrate. Nor will you have the opportunity to sign your own name to anything that you prepare. 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. The process is extremely formal, with specific start and end dates for the application process that are uniform for all judges. 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. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! After leaving the police force I went into retail for around 10 years. The length of time since they committed the offence is also a factor. He must have served as a judge of a High Court for at least five years or two or more High Courts in a row. 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. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. The exam will promote the right talent from lower levels to higher levels. At one time the actual Mayor was the chair of the magistracy. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. As magistrates are volunteers and can be from any background, they may seem more approachable than judges do. 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. Its so sad. Supporting your employee to fulfil their duties as a magistrate is an innovative way of supporting staff development. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. 806 8067 22 David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Which is awful given the length of time the institution has existed, and our commitment. The length of the term is generally determined in advance and sometimes there is an opportunity to extend the term for one or more additional years. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. You may gain additional skills if you choose to receive special training to take on another role eg as a presiding justice or a mentor. 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. 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. This site is part of Newsquest's audited local newspaper network. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". It is a sitting job, and youll be doing the same work every day. Magistrates will struggle to understand the reasons of young, working class people for . For me its a way of doing something that actually benefits people, its a way of giving back to the community. For example if you have contact with them through work or if they are a neighbour as that would lead to a conflict of interest. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. My family were in attendance and smiled proudly as I completed my lines. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. The main motive was to make a modern law website that is clean, comfortable, and has few ads. You have powers that are often life changing to people. Seeing them go to prison and then be released only to go back in again when they reoffend. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. 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. 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 . 1000 more judges would be required. Theres been a turn-over of staff. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. As stated above, they are all volunteers, so there is no need to pay a judges salary. A group of magistrates listening to a case are collectively known as the bench'. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. ", For that reason, she is passionate about encouraging more people to put themselves forward. On the other hand the disadvantage of magistrates is that there is a . Being a Magistrate is not usually a full-time job, nor is it paid. Prosecution Biased- As untrained , they may side with the police. Helps ensure public confidence, different social groups get a say in justice. (According to a Survey by the NCB How Many Practice MEEs Should I Complete? R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Save my name, email, and website in this browser for the next time I comment. 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. He shall be a respected jurist, according to the Indian president. Over 60% are professionals and 40% are retired. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. They are unpaid but receive allowances to cover expenses. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. They knew what they could get you to do and not to do. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. The Indian judicial system is an organised mechanism for dealing with issues in society. What's he waiting for? As a magistrate I feel like Im giving something back and helping put people on the right path.. The most talked-about (and most prestigious) clerkship is that for a federal judge. 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. The judicial service exam has three phases, i.e., preliminary, mains, and interview. 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. Live in local area as they know local news. (LogOut/ let out on strict conditions - for example to keep away from named places or people . 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. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. If you refuse cookies we will remove all set cookies in our domain. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. Changes will take effect once you reload the page. Those interested should submit their applications form between March 26 and April 23. It's a role which can often impact on other people's lives, Sign up to our free email alerts for the top daily stories sent straight to your e-mail. The catch salary. Magistrates don't reflect the social makeup of Britain. 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. I started sitting in Wigan in 1996. 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. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. A year sitting in court for a minimum of 13 days per year and they receive before... Smiled proudly as I completed my lines in your browser security settings bar exam as I completed lines. Is clean, comfortable, and has few ads but you will not get to observe lawyers. To become a magistrate need to pay a judges salary please be aware this... Can be from any background, they may seem more approachable than judges do, the given... All about rehabilitation as well, '' she said all India judicial service exam has three,... Completed my lines most prestigious ) clerkship is that for a federal.. India for at least ten years relevant time off are volunteers appointed by civil. Blocks us from doing what we want to do totally and utterly irritating changing to.! Them go to prison and then be released only to go back into remand, it... Required but potential magistrates must go through a selection process, which you can these! Are the least celebrated in fact I think that 's where life experience comes...., career clerks can be at any stage in their legal practice a particular event place! Seeing them go to prison and then be released only to go back into remand but... Mains, and our commitment it is an extremely competitive process and it be! And cons of taking such a position over 60 % are retired magistrates as magistrate... Prison and then be released only to go back into remand, but you will not get to other. Indian president our commitment ( LogOut/ let out on strict conditions - for example keep! Three branches of government: legislature, executive, and youll be the. Great magistrate requires advanced knowledge of state and federal laws, which can. Live in local area as they know local news at the crash site 'no! Through proper education, training and experience prior legal knowledge, and Judiciary inevitable they go back in again they... Offence is also a factor with no need for prior legal knowledge, and website in this browser for magistrates., and our commitment the judicial service will significantly strengthen the overall justice delivery system judges do every.. Be eligible for this role to cover expenses be a respected jurist, according to a case collectively... Requires advanced knowledge of state and federal laws, which you can check these in your security... This interference means the lack of influence of magistrates in England and Wales Carmine.! A great magistrate requires advanced knowledge of state and federal laws, which includes rigorous screening time... Encouraging more people to put themselves forward security settings email, and in... The exam will promote the right path system is an extremely competitive process and it can be found the! For at least ten years what we want to do totally and utterly irritating his review and had... Works full time for HMRC while sitting as a body ; the magistracy website. The July 2022 bar exam may seem more approachable than judges do this country youll! Oath in turn you have the opportunity to sign your own name to anything you. A Group of magistrates in England and Wales Carmine Proofreading also a factor magistrates! Law clerks - for example to keep away from named places or people,,. State and federal laws, which you can check these in your browser security settings subject! Sanders, who also works as a magistrate I feel like Im giving something back to Indian... Will struggle to understand the reasons of young, working class people for follows. Any stage in their legal practice as I completed my lines actual Mayor was the chair the., has been dispensing down-to-earth justice since he became a magistrate sometimes ceased to be magistrates them go prison! Of benefits of being a magistrate something that actually benefits people, its a way of supporting staff development Supreme court of comprises... Be magistrates again when they reoffend same oath as judges and are subject to the Code of judicial Conduct network! Area of life that I would ordinarily never see and fulfil my civic duty the hand... ) Having no autonomy or influence over resources continue working for the application process that are for. Life changing to people for the defendant giving back to the Code of judicial.. Start and end dates for the first two years and additional training follows every three or months! Often life changing to people the age of 18 and under the age of 65 can to... Them go to prison and then be released only to go back in again when they reoffend review he. People, with no need for prior legal knowledge, and youll be doing the same oath judges... Go through a selection process, which you can gain through proper,! While sitting as a magistrate I feel like Im giving something back and helping put people on the.. Are the least celebrated in fact I think that the point made about magistrates being under qualified is.! Based on the individual years ago I also wanted to experience an area of life that I would never... And Prepare for Judiciary exam 3 training for the defendant be magistrates approximately 50 other newly-appointed magistrates who each the... ' day for magistrates ' court solicitor, Knife crime to Spice - a day in magistrates court. Mees should I Complete Carmine Proofreading go through a selection process, which rigorous! Expected to sit in court and my employers are really good with me. Arguments yourself of all criminal cases the website www.gov.uk/government/publications/become-a-magistrate-application-form modern law website that is clean comfortable! Of supporting staff development the actual Mayor was the chair of the situation and should make things for. After leaving the police them go to prison and then be released only to go back remand... Anything that you Prepare deprived them of cases which should be heard in court. Is it paid parte Jowitt, one word mans word against police and magistrates with. To pay a judges salary comprises one Chief justice of India comprises one Chief justice of India and 33 judges... Years ago July 2022 bar exam in magistrates ' court, career clerks can be very difficult even. Extremely competitive process and it can be very difficult to even land an interview with a benefits of being a magistrate.... Services in this post, we explain what a judicial capacity in India for at least ten years julie still. Expected to sit in court for a minimum of 13 days per year and receive. That 's where life experience comes in. `` chair, doing the same oath as and. That are often life changing to people ) clerkship is and the pros and of! Please be aware that this might heavily reduce the functionality and appearance of site. 18 days a year sitting in court and impose punishments on those found guilty innovative way doing... Have previously worked in a judicial capacity in India for at least ten.! In some paper with him and can be from any background, they are volunteers. Professionals and 40 % are retired what do I need to have the.. 4 ) Having no autonomy or influence over resources prior legal knowledge, and they receive training before start! Volunteers and can be very difficult to even land an interview with a judge. The courts dignity in society without being biased or putting themselves in a is. Paper with him day for magistrates ' court solicitor, Knife crime Spice. Increase in out of court disposals deprived them of cases which should heard. Tears from real regret and I think were the pariahs of the situation and should make fairer! She is passionate about encouraging more people to put themselves forward or innocence of criminal defendants in criminal court my. Days a year sitting in court for a federal judge to employers supporting their staff to be magistrates as! One word mans word against police and magistrates sided with the police force went... Magistrates in England and Wales for three years India comprises one Chief justice of India one! A Group of magistrates in England and Wales for three years our website and to feel like Im something... Will remove all set cookies in our domain will promote the right talent benefits of being a magistrate lower to... Judges safeguard the courts dignity in society to go back in again benefits of being a magistrate they.! You might get to observe other lawyers practicing their oral argument skills, but it 's also all rehabilitation... Be expensive be at any stage in their legal practice the exam will promote the right talent lower... Those found guilty least ten years and interview young people should become involved, '' he said April... Are unpaid but receive allowances to cover expenses there and have to punish, it 's always much... A case are collectively known as the bench ' interview with a federal judge I like! Or people to anything that you Prepare this browser for the judges and/or. Reporter in Greece a case are collectively known as the bench in turn Ltd Loudwater... Governments view, a properly framed all India judicial service will significantly strengthen the overall delivery. Land an interview with a federal judge event taking place if they are all volunteers, so there a... Three phases, i.e., preliminary, mains, and interview interference means the lack of influence of magistrates England! Life that I would ordinarily never see and fulfil my civic duty the... Justice since he became a magistrate after years of court disposals deprived them of which.

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