", For that reason, she is passionate about encouraging more people to put themselves forward. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Kevin said: You have three magistrates so that way you can always come to a majority decision. But Agnes argues it benefits everyone.. As a magistrate I feel like Im giving something back and helping put people on the right path.. Live in local area as they know local news. The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. To read 1 law content daily, message LAW on WhatsApp: 9128523662. There are two categories of judicial service exams, and the eligibility criteria for both are different. They had had a personal relationship with their local Justices Clerk and other officials, which was no longer possible, partly due to budget cuts: the biggest problem weve faced in the last twelve months is the cut-back in administration. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. The work of magistrates goes largely unknown - so here is a rundown of what they do. Registered in England & Wales | 01676637 |. Your email address will not be published. This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. 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!). He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. Again, these will initially be heard by a bench before a decision is made. Most people between the age of 18 and 65 can apply although some criminal convictions for example, excessive points on a driving licence, may present difficulties as can potential conflicts of interest. Click to enable/disable essential site cookies. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. He said: "When I used to sit in Grantham we used to do drug rehabilitation reviews. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. The person must pass the test administered by the judicial service. 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. A power that can protect people. "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. R v Birmingham Magistrates ex parte Ahmed. What are Magistrates? I hope that this helps you to understand some of the benefits of having magistrates. The day may come when magistrates courts exist only where there is a Crown Court. Many law schools require students to complete their bachelor's degrees in any field. Paul v DPP- kerb crawling. 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. Which is awful given the length of time the institution has existed, and our commitment. "We have to try to set aside our feelings," said Roger. She said: Being a magistrate fits in really well with my full time career. "I saw an article about the need for ordinary, working class magistrates," he said. If you went to law school eager to get into a courtroom and start litigating, a clerkship is not the place where this is going to happen. If the defendant is found guilty, magistrates can impose a maximum of six months' imprisonment and up to 5,000 in fines, community penalties and compensation. When you look at a defendant regardless of the circumstances you look at them as human beings.. In this blog post, we will be considering the advantages of the magistrates courts and how they help the justice system in England and Wales to work smoothly. To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. Save my name, email, and website in this browser for the next time I comment. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. To be a magistrate you must meet some eligibility requirements. In addition, a disadvantage is that the lay magistrates are. He or she must have previously worked in a judicial capacity in India for at least ten years. More available than judges as no training is required. We need 2 cookies to store this setting. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. They resented often sitting on traffic and transport cases, boring work which they thought could be done by other judges: When you have magistrates with high skill levels in life, often high skills academically and in work to give them the rump end of work cant sustain their interestyoure not told when youre interviewed that youll end up doing the crap. Const., Art. You can check these in your browser security settings. While they are paid expenses and compensated for loss of earnings, magistrates attend court for a minimum of 26 half-day sessions a year. What transferable skills will a magistrate bring to an organisation? Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. They must be able to sit for at least 26 half days a year. "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. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. 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. What's he waiting for? 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. A career as a judge will surely give you financial and job security. The family court is a real eye-opener. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. A Gannett Company. Mains examination is a subjective paper. (LogOut/ This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Must See: How to Write the Best Answer in Judiciary Mains Exam. 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. Section 50 of the Employment Rights Act 1996 states that An employer shall permit an employee of his who is a justice of the peace to take time off during the employees working hours for the purpose of performing any of the duties of the office. Want help proofreading your work? I wanted to give that public face in the courts and to feel like Im giving something back to the community. But this will always prompt you to accept/refuse cookies when revisiting our site. 1) Magistrates are volunteers and therefore it is cheaper! The judicial service exam has three phases, i.e., preliminary, mains, and interview. Thats all changed. People admire judges. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. There are around 30,000 magistrates in England and Wales, dealing with around 97 per cent of all criminal cases. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. 4) Having no autonomy or influence over resources. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. contact the editor here. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. Video, Record numbers of guide dog volunteers after BBC story, Magistrates' court: Prosecuting cases from Spice to knife crime, 'Exhausting' - a day in the life of a duty defence lawyer, made by criminal solicitor Katy Hanson, that while there are flaws in the system, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, Bieber cancels remaining Justice world tour dates, China and Belarus call for peace in Ukraine, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA. Mental pressure or stress will be quite often due to different reasons. Candidates called for interviews are three times the number of vacancies available. But things can be handled with courage and determination to do good for society. We also use different external services like Google Webfonts, Google Maps, and external Video providers. So, a clerkship might defer your ability to actually practice law in your own name. Its so infuriating as youre trying to help them but theyre just not helping themselves.. 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. They told of cutbacks in training new recruits did not get the specialist training they needed and Chairs were told to read up on new legislation in their spare time. I was my college topper for five years. Some judges may hire their own law clerks, while in other states, the state could have a centralized system for hiring clerks. 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. Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Its little wins like that which make it really rewarding.". The person must pass the state judicial service test. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. Time spent on specialised panels like youth or family courts will increase that. Magistrates must have six key qualities. The other two are called wingers. It is often highly regarded. Thank you for your support! Change), You are commenting using your Facebook account. A woman described a day in court, which she had taken off work : today I sat at X and spent most of the time doing nothing, because of the administration of the courts. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. If you are dissatisfied with the response provided you can I have always had an interest in law and society and I applied and became a magistrate in 2004, and here I am 14 years later. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Why did you decide to become a magistrate? Positive and Negative Aspects of a Career as a Judge, Executive Magistrate vs Judicial Magistrate, How to Write the Best Answer in Judiciary Mains Exam, How to Study and Prepare for Judiciary Exam, 10 Legal Jobs and Career Options After Law, How to Start Studying Law For New, Existing and Old Students, 11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2023, Career as a Judge Eligibility, Benefits, Allowances, and More, Best Books for Judiciary Exam Preparation in 2023, How to Write the Best Answer in Judiciary Mains Exam in 2023, How to Cover Local Laws for Judiciary Exams. Show Will my employment affect my eligibility to become a magistrate? "You listen to both sides, evaluate it, analyse the facts, plus you have the sentencing guidelines, which you apply to the circumstances.". But Agnes argues it benefits everyone. 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. As mentioned above, magistrates do not need to already have legal knowledge or training. He shall be a respected jurist, according to the Indian president. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. Those who had sat for many years felt their relationship with the court service had declined considerably. 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. Despite having close to 17 years of judicial experience between . If you refuse cookies we will remove all set cookies in our domain. It gives power, reputation, a chance to serve the nation, and various monetary and non-monetary benefits. 806 8067 22 Other graduates may hold positions in the legislature and executive branch but not in the judiciary.
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