This website and associated newspapers adhere to the Independent Press Standards Organisation's Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. 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. "Usually it's done as a last resort," he said. 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. 51% are women, 8% are ethnic minorities. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. The BBC is not responsible for the content of external sites. For at least seven years, the person must be an advocate. 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. Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. Required fields are marked *. 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. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. Ironically, Roger's least favourite aspect of the job is sending people to jail. Being a magistrate is a voluntary role, but you can claim expenses. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. 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. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. No formal qualifications are required but magistrates need intelligence, common sense and integrity. 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. 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 . Hawara: 'What happened was horrific and barbaric'. Magistrates don't reflect the social makeup of Britain. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. Most judges have at least one attorney on their staff who helps the judge conduct legal research, prepare for hearings and trials and draft written opinions. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". "I think more young people should become involved," he said. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. 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. I am a law graduate. They are unpaid but receive allowances to cover expenses. Its the little wins that really make it worth it, says Kevin Moody. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. Named one of the fastest growing companies in the United States. Magistrates must have six key qualities. 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. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. That feels good." In Wales we've seen 22 close, leaving 14. Mental pressure or stress will be quite often due to different reasons. The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Something went wrong, please try again later. Data returned from the Piano 'meterActive/meterExpired' callback event. Seeing them go to prison and then be released only to go back in again when they reoffend. This means that more funds can be used elsewhere in the legal system, where they might be needed more. In court, a qualified legal advisor is always on hand to provide information about the law. contact the editor here. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. 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. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. Everything is going well. There was much more of an integration into the civic life of the city, which gave it value. Magistrate Courts hear about 95% of criminal cases along with some civil matters and full training is provided. 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. Find out more about the role here and how to apply here. I had five trials, but it was shambolic, and only two were kind of done. 2023 BBC. 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. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. To read 1 law content daily, message LAW on WhatsApp: 9128523662. 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. Also, once you are at a firm and are under the pressure of billable hours, you very likely will not have any chance to just sit and court and observe. My family were in attendance and smiled proudly as I completed my lines. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. A group of magistrates listening to a case are collectively known as the bench'. Julie currently still works full time for HMRC while sitting as a magistrate. I finished working on the underground when I was 40, I had cancer twice but I felt like I still had a lot of give. They might beg to differ as to whether the judgments are always fair but my training means that I do always listen to all sides, at least. In addition, magistrates are a relatively cheap option for the legal system compared to judges. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. 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. Sign up for our free five-star course here! 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. Your email address will not be published. It is a job with a high level of responsibility and is a very reputed position. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Magistrates tend to be middle aged. He or she must be of age group between 21 to 35 years (age differs from state to state). There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. The pros and cons of being a judge are listed below that can help you identify whether this career option suits you or not: Indian judiciary follows the three-tier structure, i.e., the union judiciary (Supreme Court), state judiciary (High Courts and courts subordinate to it), and subordinate judiciary (District Courts). Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. Read Next: 1. 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. Changes will take effect once you reload the page. At 11 o-clock I was shopping because we were sent home. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. In the final piece in our series, we look at the magistrates themselves. Clerkships often attract the top students from law school; these are the same students who are generally in a position to accept jobs at the top law firms that pay really well. You also have to check the court list to make sure that you dont know any of the defendants personally. 216066). Despite having close to 17 years of judicial experience between . The most talked-about (and most prestigious) clerkship is that for a federal judge. You are free to opt out any time or opt in for other cookies to get a better experience. In doing so they both give back to the community in a valuable way and invest in staff development. They are an integral part of the justice system and as such need to be nurtured and supported. Menu Take Law MCQ Tests Publish Your Article Please Support Pay WhatsApp: 9128523662, 2018-2023 About Us Contact Us Disclaimer Cookies Copyright and Privacy Policy Sitemap, If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. In March 2018, I startedWritingLaw.com. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. Copyright Get Revising 2023 all rights reserved. But, everything present on this planet has both negative and positive aspects. Another agreed: for me, its less about remuneration than about the efficiency of the process I feel Id be valued more if there werent days like I had today. 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). 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. The work of magistrates goes largely unknown - so here is a rundown of what they do. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. Justices of the Peace should be able to listen to all sides of an argument and arrive at fair and reasonable decisions - a quality which I test continuously during domestic disputes between my three children. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. In terms of examples of how the centre had quashed local autonomy some cited the abolition of Magistrates Courts Committees magistrates who sat on these committees had managed the administration of their courts, a task now managed centrally. 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. Than volunteers through a selection process, which includes rigorous screening with your head buried in research writing. 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