There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. 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. Thank you for your love and support. 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. At 11 o-clock I was shopping because we were sent home. After leaving the police force I went into retail for around 10 years. 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. Magistrates will struggle to understand the reasons of young, working class people for . 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. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. A Gannett Company. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. 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. However, it doesnt make it any less hard if they are independent. 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 Best Part about the Uniform Bar Exam? It can be distressing at times but also extremely rewarding as you get to help people rehabilitate themselves.. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. We may request cookies to be set on your device. Your email address will not be published. ", 'Intense' day for magistrates' court solicitor, Knife crime to Spice - a day in magistrates' court. "So they don't keep reoffending.". Want help proofreading your work? Two stages of interviews will be held between May and June. 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 . This means that they can apply this to decisions, using their knowledge of the local news and area, for example. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. Local Knowledge-Speeds up court proceedings. Click to enable/disable Google reCaptcha. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. Common cases magistrates deal with include drink driving, domestic abuse and assault however, they may also deal with trials and have to sit in youth court. Due to security reasons we are not able to show or modify cookies from other domains. 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. "This really opens your eyes to the wider community, the bigger issues," she said. The catch salary. 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. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. More than half were over 60. 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. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. By using this site, you allow the use of cookies, and you acknowledge that you have read and understand our Privacy Policy and Terms of Service. "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. Show What do I need to be eligible for this role? But Agnes argues it benefits everyone. Above all magistrates felt undervalued. "Defendants are supposed to be judged by their peers but how can that work when you're in your 60s and there's a 25-year-old in the dock?". The most talked-about (and most prestigious) clerkship is that for a federal judge. To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. They train for four years (seven if you count the three year continuation training) and have a legal clerk on hand if they get stuck on the finer . Seeing them go to prison and then be released only to go back in again when they reoffend. A law clerk is often a recent graduate. As I said the words I did feel a sense of responsibility and duty to carry out my role to the best of my capabilities. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. "They're making their own staff richer - it provides a wealth of experience that will help them with their careers," she said. 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. Looking to pass the MPRE? Copyright Get Revising 2023 all rights reserved. Ironically, Roger's least favourite aspect of the job is sending people to jail. 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. 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. Copyright Get Revising 2023 all rights reserved. But things can be handled with courage and determination to do good for society. Video, At the crash site of 'no hope' - BBC reporter in Greece, Record numbers of guide dog volunteers after BBC story. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. The Magistrate's broad conclusion that, for the purposes of service of process, all Scientology organizations may be treated as "agents" of Mr. Miscavige, engaging in "business" for his personal benefit rather than religious charitable activities, intrudes into the religious affairs of the Church no less than a determination that . N.C. I started sitting in Wigan in 1996. The person must pass the state judicial service test. The application process for federal clerkships is handled through a website called OSCAR. 51% are women, 8% are ethnic minorities. 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. VideoRecord numbers of guide dog volunteers after BBC story. For example, magistrates can claim expenses on things such as travel. You are free to opt out any time or opt in for other cookies to get a better experience. As mentioned above, magistrates do not need to already have legal knowledge or training. 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. 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. 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. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. 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. 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. I think its a wonderful thing. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. Best Answer Writing Tips for Law Exams 2. Even though youre the chairman it doesnt necessarily mean that you have the final say as your wingers may disagree with your decision. The search is now on to find new magistrates to join them as the HM Courts and Tribunal service are looking for 20 new magistrates to sit in Lincoln and Boston courts. The salary for clerkships can also deter people from clerking. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. This website and associated newspapers adhere to the Independent Press Standards Organisation's 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. Despite having close to 17 years of judicial experience between . Agnes first moved to Wales in 1986 and describes herself as a "British Malaysian Indian". In doing so they both give back to the community in a valuable way and invest in staff development. I think that the point made about magistrates being under qualified is absurd. 7A-170 and 7A-143. Many magistrates, particularly those who suffered financially through sitting, resented being treated like employees rather than volunteers. 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. 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. 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. R v Birmingham Magistrates ex parte Ahmed. "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.". Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. "I find it really rewarding.". Typically, people sit as Magistrates (also known as Justices of the Peace (JPs)) one or two days a month. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. The individual must be at least 35 years old (age differs from state to state). 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 few months later I saw him working in Asda. 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. In the final piece in our series, we look at the magistrates themselves. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! Let us discuss whether becoming a judge will be a fruitful career for you or not. In doing so they both give back to the community in a valuable way and invest in staff development. 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. If you have a complaint about the editorial content which relates to In court, a qualified legal advisor is always on hand to provide information about the law. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. Its especially hard to see how people have fallen down the scale of life. Mains examination is a subjective paper. Professional Proofreading and Copy-Editing. What are the benefits of being a magistrate? This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. 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. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. Inconsistent-May forget sentences due to working only 13 days a year. 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. Knowledge of the peace ( JPs ) ) one or two days a month sentences due to security reasons are! Important that we continue to promote these adverts as our local businesses need as much support as during! 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