It can be really disheartening, as the chain is just not being broken.. "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.". 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. As always you can unsubscribe at any time. "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. But away from the court, magistrates are everyday people who give up their time to give something back to the community. As a subscriber, you are shown 80% less display advertising when reading our articles. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. "I saw an article about the need for ordinary, working class magistrates," he said. This website and associated newspapers adhere to the Independent Press Standards Organisation's Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds 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. Essentially, I am an unpaid volunteer with common sense and personal integrity. 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. Despite having close to 17 years of judicial experience between . Everything is going well. 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. R v Birmingham Magistrates ex parte Ahmed. 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. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. 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. This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. State trial court judges sometimes also have law clerks. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. For at least seven years, the person must be an advocate. 1000 more judges would be required. Live in local area as they know local news. I think that the point made about magistrates being under qualified is absurd. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. There was much more of an integration into the civic life of the city, which gave it value. Benefits and Allowances of a Judge Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: House rent allowance Travel allowance Electricity bill Phone bill Vehicle maintenance Pension after retirement Executive Magistrate vs Judicial Magistrate 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. Those who had sat for many years felt their relationship with the court service had declined considerably. The main motive was to make a modern law website that is clean, comfortable, and has few ads. There are certain advantages and disadvantages to using lay magistrates. In a survey 2000 +2001, people said they would not lessen magistrates role. 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. 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. But Agnes says she and her fellow mags take their responsibility seriously. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. 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. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. A few months later I saw him working in Asda. (LogOut/ I was my college topper for five years. 49%are women. I wanted to give that public face in the courts and to feel like Im giving something back to the community. In doing so they both give back to the community in a valuable way and invest in staff development. There is a cap on the first 60 applications received. Follow these steps to become a successful magistrate: 1. They must be able to sit for at least 26 half days a year. Over 60% are professionals and 40% are retired. An average day for a magistrate will involve sitting on the bench in a court room for the morning and afternoon sessions and make judgements based on the law on a variety of cases. Being a Magistrate is not usually a full-time job, nor is it paid. EXECUTIVE SUMMARY OF BENEFITS . Copyright Get Revising 2023 all rights reserved. Because most of us live in our world. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. Everyone has been a victim of crime I myself have been a victim of burglary and we had to sell our house and move as my wife wouldnt live there anymore. 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. 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. Your email address will not be published. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. Changes will take effect once you reload the page. Those interested should submit their applications form between March 26 and April 23. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. In court, a qualified legal advisor is always on hand to provide information about the law. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. A career as a judge will surely give you financial and job security. 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. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. "We are really there as adjudicators, to look at both sides of the argument," he said. In addition, magistrates are a relatively cheap option for the legal system compared to judges. Being a magistrate is a voluntary role, but you can claim expenses. (LogOut/ This means that they can apply this to decisions, using their knowledge of the local news and area, for example. * For more information and an application form, visit www.dca.gov.uk/magistrates. The length of time since they committed the offence is also a factor. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! Looking to pass the MPRE? What are the benefits of clerking? When we make a decision, it's a structured decision.". Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Magistrates don't reflect the social makeup of Britain. 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!). 7A-170 and 7A-143. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. He was also national chairman for England and Wales for three years. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. 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 think more young people should become involved," he said. I felt that I had been called upon to truly serve the community. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. 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. This exam is conducted state-wise. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. The BBC is not responsible for the content of external sites. We will also look more closely at the magistrates themselves and consider the benefits they bring. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. Representative of Society-people from all ethnicities. Please report any comments that break our rules. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. HP10 9TY. But this will always prompt you to accept/refuse cookies when revisiting our site. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. The most talked-about (and most prestigious) clerkship is that for a federal judge. There are about 14,000 magistrates in England and Wales who sit . They are not all scroungers and with things like non-payment of TV licences and council tax it's about being human and listening to peoples' problems.". UNITED STATES MAGISTRATE JUDGES SALARY $185,012 per year; $15,418 per month Electronic Funds Transfer Taxation of Pay FEDERAL HEALTH INSURANCE 60 days from entrance on duty to elect coverage for self or family Fifteen plans (fee-for-service, HMO, CDHP, or HDHP) Earn your bachelor's degree. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. More available than judges as no training is required. He or she must be of age group between 21 to 35 years (age differs from state to state). The Indian judicial system is an organised mechanism for dealing with issues in society. I hope you have a fruitful time here. The manager threatened the magistrate with a disciplinary process. You will get full training for the. 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. Read about our approach to external linking. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. "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. Ministry of Justice: Who can be a magistrate? Thats all changed. A law clerk is often a recent graduate. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. "It affects me but it doesn't affect my decisions. Or by navigating to the user icon in the top right. You have powers that are often life changing to people. But because of the time commitment involved and the fact that the role is filled by unpaid volunteers, the majority of magistrates are middle-class retired professionals. 4) They have a legal adviser to educate them with the current law "Usually it's done as a last resort," he said. Sign up for our free five-star course here! All the interviewees were asked about the job satisfaction of being a magistrate. 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. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". 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. 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