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For at least seven years, the person must be an advocate. Completed applications should be sent to [email protected] . 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. 10 Legal Jobs and Career Options After Law. "I think more young people should become involved," he said. Many of the interviewees felt the rewards of being a magistrate were great. What transferable skills will a magistrate bring to an organisation? Magistrates don't reflect the social makeup of Britain. Many others are rapidly approaching the compulsory retirement age of 70 which the House of Commons Justice Committee says could leave significant gaps in the role, unless recruitment improves. Paul v DPP- kerb crawling. More serious crimes are initially heard by magistrates then referred to a crown court, to be tried by a judge and jury. Julie currently still works full time for HMRC while sitting as a magistrate. Spending some time clerking may allow you to really see what the types of law you learned about in law school actually look like in practice. "My wife said, go on, you could do that' and off I went.". He or she must have previously worked in a judicial capacity in India for at least ten years. Career clerks often continue working for the judge for an undisclosed period of time. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. 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. Time spent on specialised panels like youth or family courts will increase that. There can be threats if the decision by a judge is not favourable for a party or section of people. 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. Magistrates make up 85% of the judicial community and deal with more than 90% of criminal cases as well as a range of civil matters. Ministry of Justice: Who can be a magistrate? There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Thats why I think a lot of magistrates have left. The person must pass the state judicial service test. Representative of Society-people from all ethnicities. 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). The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. THE organiser of Stroud's alternative and hugely . One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. I am given 18 days a year sitting in court and my employers are really good with giving me the relevant time off. What are Magistrates? Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. 7A-170 and 7A-143. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. IV, 10; N.C.G.S. Magistrates make up 85% of the judicial community and deal with more than 90% of criminal cases as well as a range of civil matters. On the other hand the disadvantage of magistrates is that there is a . Above all magistrates felt undervalued. Ironically, Roger's least favourite aspect of the job is sending people to jail. The person must pass the test administered by the judicial service. In the final piece in our series, we look at the magistrates themselves. 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. But, everything present on this planet has both negative and positive aspects. My family were in attendance and smiled proudly as I completed my lines. * For more information and an application form, visit www.dca.gov.uk/magistrates. For example, magistrates can claim expenses on things such as travel. State court judges and justices also hire law clerks. But Agnes argues it benefits everyone. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. 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 three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. 50% of magistrates above 60 but most defendants under 25. 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. contact IPSO here, 2001-2023. The main motive was to make a modern law website that is clean, comfortable, and has few ads. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. The work of magistrates goes largely unknown - so here is a rundown of what they do. Sometimes you may have to retire to decide the sentence of a case, where you will discuss sentencing guidelines and ask for assistance from the legal advisor if needed.. This website and associated newspapers adhere to the Independent Press Standards Organisation's 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. A law clerk is often a recent graduate. 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. The salary for clerkships can also deter people from clerking. Local Knowledge-Speeds up court proceedings. 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. "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. 806 8067 22 The BBC is not responsible for the content of external sites. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. As a subscriber, you are shown 80% less display advertising when reading our articles. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. inaccuracy or intrusion, then please I was surrounded by approximately 50 other newly-appointed magistrates who each took the oath in turn. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. 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. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. 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 often highly regarded. 2023 Magistrates Association. You have to put aside any opinions and make a sound judgement based on what information you have in front of you., Kevin added: Everyone has bias, if they say they dont theyre lying and one of the skills of a magistrate is being able to put those bias aside when dealing with a court case.. I asked him if he wanted to show us something, and he brought forward this piece of paper which showed he had his first negative drug test and he was so proud of it. This means that we may include adverts from us and third parties based on our knowledge of you. Your email address will not be published. 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. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Please be aware that this might heavily reduce the functionality and appearance of our site. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. 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. Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. What is it like in Wales' 14 magistrates courts - and how are they working? You can read about our cookies and privacy settings in detail on our Privacy Policy Page. 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. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. There are lots of letters on the board in X court saying we value your work but it is just words on paper.. "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. There is a cap on the first 60 applications received. Julie said that the hardest part for her is seeing people who are there who have lost everything: The thing I find hard is people who are in front of the court for no fault of their own. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. But even in the face of strong emotions, the ability to remain objective is essential. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. The jury system uses a specific group size to help reduce bias. "So they don't keep reoffending.". A judge must hear both the parties (prosecution and defence). If you are dissatisfied with the response provided you can The day may come when magistrates courts exist only where there is a Crown Court. To read 1 law content daily, message LAW on WhatsApp: 9128523662. He shall be a respected jurist, according to the Indian president. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. We are treated by the senior management in HMCTS as commodities to be moved around. "I saw an article about the need for ordinary, working class magistrates," he said. The family court is a real eye-opener. "Sometimes it's inevitable they go back into remand, but it's always very much based on the individual. 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. We also use different external services like Google Webfonts, Google Maps, and external Video providers. I put to her the point made by criminal solicitor Katy Hanson, that while there are flaws in the system, it's preferable to digitally entering a crime and plea and waiting for a computer to decide your fate. A career as a judge will surely give you financial and job security. The judicial service exam has three phases, i.e., preliminary, mains, and interview. As a magistrate I feel like Im giving something back and helping put people on the right path.. In March 2018, I startedWritingLaw.com. Your email address will not be published. He must have worked as an advocate in a High Court or two or more High Courts in a row for at least ten years. A power that can protect people. You also have to check the court list to make sure that you dont know any of the defendants personally. By the senior management in HMCTS as commodities to be moved around think young! 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