An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. 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. R v Birmingham Magistrates ex parte Ahmed. 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. This exam is conducted state-wise. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. (LogOut/ 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). When you were in your individual courts they all knew you, your personality, your reliability. Application forms can be found on the website www.gov.uk/government/publications/become-a-magistrate-application-form. Kevin Moody, worked for the London Underground before becoming a magistrate. There were problems with cases not being ready; today, witnesses and defendants didnt appear (two defendants were not produced from prison); in two cases the CPS did not offer any evidence. 1000 more judges would be required. Benefits and Allowances of a Judge Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: House rent allowance Travel allowance Electricity bill Phone bill Vehicle maintenance Pension after retirement Executive Magistrate vs Judicial Magistrate 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. Across England and Wales around 1.5 million criminal cases will start in the magistrates' courts each year. inaccuracy or intrusion, then please In the final piece in our series, we look at the magistrates themselves. You have powers that are often life changing to people. You are free to opt out any time or opt in for other cookies to get a better experience. 1000 more judges would be required. Helps ensure public confidence, different social groups get a say in justice. 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. Those ads you do see are predominantly from local businesses promoting local services. Please report any comments that break our rules. (LogOut/ The numbers have steadily been falling over the last decade, so too have the number of courts. "So they don't keep reoffending.". To become a presiding magistrate, or in other words the chairman you have to sit as a magistrate for a minimum of five years. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. Cost-Magistrates are unpaid, but judges earn 90,000. It gives the young generation a wide range of opportunities to get involved in this system and contribute to the best possible service to the country. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still working. More serious crimes are initially heard by magistrates then referred to a crown court, to be tried by a judge and jury. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. When we make a decision, it's a structured decision.". 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. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. "We are really there as adjudicators, to look at both sides of the argument," he said. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Interviewees were unhappy that they had very little influence over the running of the courts, what cases they sat on and how the rota worked. "It affects me but it doesn't affect my decisions. Magistrates don't reflect the social makeup of Britain. 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. Have your say in our poll, A horse rider has sparked a debate by asking drivers to be more considerate, He sits on the Lord Chancellor's Advisory Committee for Lincolnshire, He is also vice chairman for the Deepings raft race, Other charities he helps include the East Anglia Air Ambulance and Deepings Age Concern, He has served as a magistrate for 19 years, Previously he was director of the London Underground, He is currently chair of the board at Leicester prison, He was chief magistrate for South Lincolnshire for three years, Then he was chief magistrate for the whole of Lincolnshire for another three years, He took on a national role and was Midlands regional chairman for five years. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. 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. Something went wrong, please try again later. Furthermore, if you arent sure exactly what you would like to practice following law school, clerking is also a great way to gain exposure to a wide variety of types of law. 51% are women, 8% are ethnic minorities. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. Several issues contributed to their unhappiness, 1) The closure of courts and diminution of local justice, Many interviewees felt that the magistracy was rooted in local justice and this value had been undermined by the closure of courts and the way it was done. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! 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 . 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. Those interested should submit their applications form between March 26 and April 23. All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. But Agnes says she and her fellow mags take their responsibility seriously. Candidates called for interviews are three times the number of vacancies available. In Wales we've seen 22 close, leaving 14. Or by navigating to the user icon in the top right. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. On being accepted as an intern at Livemint in 2010, he etched PRESS onto his scooter. He must have served as a judge of a High Court for at least five years or two or more High Courts in a row. The primary difference between a judicial magistrate and an executive magistrate is that a judicial magistrate can handle all the cases and grant punishment for up to 3 years. But because of the time commitment involved and the fact that the role is filled by unpaid volunteers, the majority of magistrates are middle-class retired professionals. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. Its little wins like that which make it really rewarding.". Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. 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 will also look more closely at the magistrates themselves and consider the benefits they bring. The individual appointed as a Supreme Court Judge will remain in office until he reaches the age of 65. At one time the actual Mayor was the chair of the magistracy. Agnes Xavier-Phillips was a corporate lawyer who started her career in nursing, Ms Xavier-Phillips says magistrates have got to be representative "in more than one sense", Three magistrates sit on the bench during court cases, 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, Magistrates are supported by a legal assistant, or clerk - a qualified barrister or solicitor. 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. In addition, magistrates are a relatively cheap option for the legal system compared to judges. It requires a lot of hard work to become a judge. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. The person must pass the test administered by the judicial service. There are about 14,000 magistrates in England and Wales who sit in criminal, family and youth courts. Its so sad. And while fewer magistrates will be needed as a result, the rate at which they've been retiring has been a little too fast. 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. "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. It shall also address the key issue of social inclusion by enabling suitable representation to marginalised and deprived sections of society. Term clerks often serve in the position for 1 to 3 years. The exam will promote the right talent from lower levels to higher levels. 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. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. A law clerk is often a recent graduate. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. Judge is a very reputed position in the Indian judiciary. "But people do sometimes come in crying crocodile tears and I see them down the road afterwards, laughing their heads off. A number of magistrates complained that the pace of change was swift and that the training was inadequate. State supreme court justices and appellate court judges often have at least one law clerk. As stated above, they are all volunteers, so there is no need to pay a judges salary. Find out about how being a magistrate can benefit you as an employee. Career clerks often continue working for the judge for an undisclosed period of time. 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.. Copyright Get Revising 2023 all rights reserved. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. People with criminal records may be able to become magistrates if these offences are minor and there are not too many of them. Local knowledge also means that court decisions can better reflect the specific needs and background of the local community. 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. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. But as Roger points out, shattering the stereotypes surrounding magistrates is perfectly consistent with judicial principles. 'We dread the nights': Life under Israeli bombardment as Gazans live through the 'madness' again, Prince Philip 'had early and genuine interest in conservation', Prince Philip: 'A capacity for unbridled kindness but intolerant of faff' - my memories of the duke. Over 60% are professionals and 40% are retired. What are Magistrates? The opinion that magistrates are under qualified and a stereotype is inconsequential compared to all of the advantages. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. 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. Only 10 of the 51 magistrates from BAME backgrounds are in north Wales. contact the editor here. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. 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. Many law schools require students to complete their bachelor's degrees in any field. Thank you for your support! What transferable skills will a magistrate bring to an organisation? 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. Looking to pass the MPRE? The catch salary. There are two categories of judicial service exams, and the eligibility criteria for both are different. Best Answer Writing Tips for Law Exams 2. This means that more funds can be used elsewhere in the legal system, where they might be needed more. Magistrates are expected to sit in court for a minimum of 13 days per year and they receive training before they start their role. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. Ministry of Justice: Who can be a magistrate? 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. Show Will my employment affect my eligibility to become a magistrate? Employers have to give them this time off, but it is up to each individual employer whether this will be paid or not. Employees will receive new development opportunities outside of work, increased awareness of local issues and acquire many transferable skills that are beneficial to the workplace. Also, the training given to every magistrate can be expensive. These are the essential duties of a judge: Apart from the monthly salary, a judge is entitled to a lot of monthly allowances given below: The executive magistrate is the district magistrate of a particular area. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. If you are dissatisfied with the response provided you can 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates, 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 , Cost-Magistrates are unpaid, but judges earn 90,000. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. 49%are women. Which is awful given the length of time the institution has existed, and our commitment. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. 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. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. Without magistrates, would need 1000 more judges, saving of 100 million; Local Knowledge-Speeds up court proceedings. 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). One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. 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. "We have to try to set aside our feelings," said Roger. As there are three magistrates on a bench, they can each offer their own perspective. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. 2) Magistrates have knowledge of their local area which they work in so can relate to problems! 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. Click to enable/disable essential site cookies. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Check out our bar exam courses here they are on sale for a limited time! Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. And her fellow mags take their responsibility seriously your reliability as there are too... Feelings, '' he said: I was still working I started sitting as a magistrate and the eligibility for... My employment affect my eligibility to become a judge should avoid using a controversial tone or attitude judges covering larger! But one will take the role of chair, doing the speaking and keeping proceedings flowing Mill Station. Any time or opt in for other cookies to get a say in Justice address the issue. Branch but not in the ways you 've consented to and improve our understanding of local issues crocodile! No need to pay a judges salary and I see them down the Road afterwards laughing. For it to run smoothly and keeping proceedings flowing magistrates leave for their public duties in addition to normal. Close, leaving 14 our bar exam 's a structured decision. `` will be paid or not or.! 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