Or by navigating to the user icon in the top right. 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. Copyright Get Revising 2023 all rights reserved. The independence of thought has been removed; and theyre trying to make the magistrate a clone of the civil service in its terminology, in its techniques and their inability to realise that we are not paid employees We are treated like undervalued paid employees, but not paid. We are treated by the senior management in HMCTS as commodities to be moved around. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. There are two categories of judicial service exams, and the eligibility criteria for both are different. As mentioned above, magistrates do not need to already have legal knowledge or training. Career clerks often continue working for the judge for an undisclosed period of time. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. "It sounds rather clichd to say I wanted to put something back into the community," she says, but that's exactly where she found herself. The most talked-about (and most prestigious) clerkship is that for a federal judge. 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. You can serve the nation by becoming a judge. For at least seven years, the person must be an advocate. And I think that value has certainly been eroded. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. In addition, a disadvantage is that the lay magistrates are. I think that the point made about magistrates being under qualified is absurd. David added: For me, the hardest part of the role is to actually send someone to prison when its actually going to affect other people. Ironically, Roger's least favourite aspect of the job is sending people to jail. There can be threats if the decision by a judge is not favourable for a party or section of people. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. By having a group of legal adults come together to consider the merits of a case, then it is more likely that a fair outcome occurs. Magistrates must sit for a minimum of 26 half-day sessions a year - or 13 full days. Will I get time off work to sit as a magistrate? Data returned from the Piano 'meterActive/meterExpired' callback event. The BBC is not responsible for the content of external sites. But, everything present on this planet has both negative and positive aspects. A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. Magistrates must have six key qualities. The person must pass the state judicial service test. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. 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. The day may come when magistrates courts exist only where there is a Crown Court. 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. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. "So they don't keep reoffending.". Since these providers may collect personal data like your IP address we allow you to block them here. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Show What if I need reasonable adjustments to be able to fulfil this role? Show How much time will I need to commit to the role? Copyright Get Revising 2023 all rights reserved. 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. "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. 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. Representative of Society-people from all ethnicities. 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. There are two types of clerkships: term clerks and career clerks. The goal of this structure is to give the jury system an advantage with regard to its maturity. Another advantage of magistrates is that they are seen as trustworthy by the public. 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. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. The primaryresponsibilityof a magistrate is to assist a judge in the day-to-day heavy load of the family cases in which they are usually occupied. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. Health Requirements There are no big health requirements and no medical exam will need to be taken. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. There are certain advantages and disadvantages to using lay magistrates. 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. The exam will promote the right talent from lower levels to higher levels. Required fields are marked *. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. 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. This website uses cookies to improve your experience. 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. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. This magistrate felt that the closure of courts had had a negative impact on justice, for instance forcing those on benefits to take long journeys on public transport, when they were already having difficulties paying off fines. Despite having close to 17 years of judicial experience between . The stats do little to dispel that. Magistrates felt that court staff, themselves under pressure, had sometimes ceased to be flexible. We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. Best Answer Writing Tips for Law Exams 2. Many of the interviewees felt the rewards of being a magistrate were great. But Agnes argues it benefits everyone.. Live in local area as they know local news. A career as a judge will surely give you financial and job security. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. You are free to opt out any time or opt in for other cookies to get a better experience. Otherwise you will be prompted again when opening a new browser window or new a tab. The person must pass the test administered by the judicial service. The jury system uses a specific group size to help reduce bias. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. There are a small number of jobs that can exclude someone from being a magistrate where this would create a conflict of interest, for example, being part of the police force. In doing so they both give back to the community in a valuable way and invest in staff development. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. Some judges may hire their own law clerks, while in other states, the state could have a centralized system for hiring clerks. 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. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. On the other hand the disadvantage of magistrates is that there is a . And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. R v Birmingham Magistrates ex parte Ahmed. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Lay magistrates advantages and disadvantages, Advantages and Disadvantages of Lay people, Advantages & Disadvantages of Magistrates, Advantages and Disadvantages of Trial in the Crown Court, See all The Criminal courts and lay people resources , AQA Law Unit 1 Predictions (17th May PM) , Unofficial mark scheme for aqa as law unit 1 , AQA Law Unit 1 (FRI 23/05/14) - Exam Revision , AQA Law - Friday 23rd June 2014 Unit 1 Exam , Lay involvement - public participation in the justice system, Local knowledge - community concerns and interests represented, Balanced view - a bench of three Magistrates provides a balanced view, Cost - they are volunteers and therefore relatively cheap, though do take longer to make decisions than professional judges, Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds, Inconsistent - Magistrates can be slow to reach a decision often retiring to consider their verdict where a professional district judge would come to a decision straight away, Bias towards the police - sitting in local areas, Magistrates get to know the police officers that come to give evidence and tend to be more sympathetic to this. But things can be handled with courage and determination to do good for society. While term clerks are generally recent law school graduates, career clerks can be at any stage in their legal practice. The appointment of judges depends upon the vacancies available. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. What transferable skills will a magistrate bring to an organisation? David Milner Scudder first sat as a magistrate in Peterborough. 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. 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. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. 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 will struggle to understand the reasons of young, working class people for . A Gannett Company. Clerking for a judge is a great asset to have on a resume for anyone who intends to pursue a career at a top law firm or even in academics. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. Follow these steps to become a successful magistrate: 1. 806 8067 22 I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. What is it like in Wales' 14 magistrates courts - and how are they working? Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. 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. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. To be a magistrate you must meet some eligibility requirements. I had enough money not to work anymore but I still wanted to give something back to the community and I had always had an interest in the law. Community in a way that takes these into account. `` `` so they give! To an organisation group size to help reduce bias reasons of young, working class people for police... 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