"If magistrates are meant to represent and understand the community, they've got to be representative in more than one sense. 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. it is no longer local justice, its something rather more brutal than that. One of the satisfying things is you get the sense that the defendant feels that theyve been dealt with fairly.That might mean they are going to prison and it might mean something else but they can feel that theyve been given a fair hearing. What is it like in Wales' 14 magistrates courts - and how are they working? As mentioned above, magistrates do not need to already have legal knowledge or training. "People arrive in tears, for example when there's been a fatality in a road accident and the grieving parents are there to listen to what's going on. "I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.". He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. At the crash site of 'no hope' - BBC reporter in Greece. 1000 more judges would be required. "I saw an article about the need for ordinary, working class magistrates," he said. They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. Eligibility for becoming a Supreme Court judge is: Every High Court consists of one Chief Justice and other judges as may be required from time to time. The primary difference between a judicial magistrate and an executive magistrate is that a judicial magistrate can handle all the cases and grant punishment for up to 3 years. Live in local area as they know local news. Everything is going well. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! Change), You are commenting using your Facebook account. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. You are free to opt out any time or opt in for other cookies to get a better experience. He was also national chairman for England and Wales for three years. Best Answer Writing Tips for Law Exams 2. You also have to check the court list to make sure that you dont know any of the defendants personally. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . 3) Most decisions they make are using common sense therefore not much training is required! Sky News presenter Gillian Joseph is a court magistrate. Copyright Get Revising 2023 all rights reserved. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. By continuing to use this site you are giving consent to cookies being used. The person must pass the state judicial service test. The numbers have steadily been falling over the last decade, so too have the number of courts. 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. Affected parties can challenge judgments only in higher courts. * For more information and an application form, visit www.dca.gov.uk/magistrates. Health Requirements There are no big health requirements and no medical exam will need to be taken. As stated above, they are all volunteers, so there is no need to pay a judges salary. Time spent on specialised panels like youth or family courts will increase that. 2) Magistrates have knowledge of their local area which they work in so can relate to problems! Fringe benefits of being a magistrate. There are many benefits to employers supporting their staff to be magistrates. Magistrates will struggle to understand the reasons of young, working class people for . 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. Greek transport minister resigns after deadly train crash, At the crash site of 'no hope' - BBC reporter in Greece. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. The BBC is not responsible for the content of external sites. If you are dissatisfied with the response provided you can 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. Const., Art. When we make a decision, it's a structured decision.". "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. 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 . The other two are called wingers. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. There are many benefits to employers supporting their staff to be magistrates. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. Show Will my employment affect my eligibility to become a magistrate? Your email address will not be published. At 11 o-clock I was shopping because we were sent home. It is often highly regarded. There are about 14,000 magistrates in England and Wales who sit . Two stages of interviews will be held between May and June. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. For a magistrate position a person does need to hear clearly . I had five trials, but it was shambolic, and only two were kind of done. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. 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. The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. 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. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. 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. Mains examination is a subjective paper. Thats why I think a lot of magistrates have left. Please report any comments that break our rules. These adverts enable local businesses to get in front of their target audience the local community. R v Bingham ex parte Jowitt 1974. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. That feels good." 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. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. 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. In the final piece in our series, we look at the magistrates themselves. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. In this post, we explain what a judicial clerkship is and the pros and cons of taking such a position! For example, magistrates can claim expenses on things such as travel. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. THE organiser of Stroud's alternative and hugely . Magistrates must have six key qualities. To be a magistrate you must meet some eligibility requirements. Show What do I need to be eligible for this role? What are Magistrates? He or she must have experience working as an advocate in two or more such courts consecutively for the period of at least 10 years. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". 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. This means that we may include adverts from us and third parties based on our knowledge of you. VideoRecord numbers of guide dog volunteers after BBC story. Employers are obliged by law to allow time off work for magistrates to perform their duties (see below), but it is at their discretion whether this is paid or unpaid leave. 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). "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. The number of candidates selected in this round depends upon the vacancies available at that time. Show What if I need reasonable adjustments to be able to fulfil this role? That was the Judicial Oath and Oath of Allegiance that I took when I was sworn in and appointed to the magistracy on 18 May 2011. This website uses cookies to improve your experience. DeSantis won't say he's running. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. "We need to dispel this myth that it's only for retired people.". Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. Save my name, email, and website in this browser for the next time I comment. Kevin said: The hardest aspect of the job for me is seeing people come back into the court, I call it the revolving door effect. The most talked-about (and most prestigious) clerkship is that for a federal judge. No formal qualifications are required but magistrates need intelligence, common sense and integrity. Otherwise you will be prompted again when opening a new browser window or new a tab. 2- Judges enjoys great honor in the society. Career clerks often continue working for the judge for an undisclosed period of time. In addition, magistrates are a relatively cheap option for the legal system compared to judges. I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. The BBC is not responsible for the content of external sites. She said: Being a magistrate fits in really well with my full time career. All of the research and writing involved in a clerkship is for the judges review and/or signature. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. Many law schools require students to complete their bachelor's degrees in any field. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. But away from the court, magistrates are everyday people who give up their time to give something back to the community. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. You will love them. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. 7. Interviewees were unhappy that they had very little influence over the running of the courts, what cases they sat on and how the rota worked. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Its little wins like that which make it really rewarding.". https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. The application process for federal clerkships is handled through a website called OSCAR. Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. 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. Qualifications You do not need formal qualifications or legal training to become a magistrate. It is often highly regarded. It can be really disheartening, as the chain is just not being broken.. We also use different external services like Google Webfonts, Google Maps, and external Video providers. Despite having close to 17 years of judicial experience between . Cost-Magistrates are unpaid, but judges earn 90,000. They knew what they could get you to do and not to do. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. People admire judges. He or she must be of age group between 21 to 35 years (age differs from state to state). Chairman benefits of being a magistrate the case and whatever the conclusion, it 's a decision. Steadily been falling over the last decade, so there is no longer local justice, something... A judges salary for retired people. `` was shambolic, and only two were kind of.! Cookies are strictly necessary to provide you with services available through our website and to use some of features... And not to do can be the catalyst for someone turning their life around youth or family courts increase. Other cookies to get a better experience legal knowledge or training in terms the. 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An offer staff to be magistrates clerks can be at any stage in their legal practice something back to community... We were sent home judges is also wider in terms of the board at Leicester for! Career clerks often continue working for the legal system and makes it easier for it to run smoothly learn about.