There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. 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. 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. They are an integral part of the justice system and as such need to be nurtured and supported. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. I am a law graduate. That is pure and simple bureaucracy gone mad., at one time, justice was seen to be done locally. He said: I was the director on the London Underground and I started sitting as a magistrate whilst I was still 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. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. 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. Copyright Get Revising 2023 all rights reserved. Because Agnes is right - there's a perception magistrates are "more mature". 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. "My wife said, go on, you could do that' and off I went.". it is no longer local justice, its something rather more brutal than that. You hear the life story of homeless people, and theyre standing in front of you with absolutely nothing and you think to yourself how can I deal with this? To be a magistrate you must meet some eligibility requirements. 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. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. Copyright Get Revising 2023 all rights reserved. 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. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. Completed applications should be sent to LRLN-JudicialSupportTeam@justice.gov.uk . * Employers are obliged to give magistrates time off work under the Employment Rights Act 1996, and if they choose not to pay them the state will refund their earnings. State trial court judges sometimes also have law clerks. Magistrates are required to sit a minimum of 26 half days (13 full days) a year. For a magistrate position a person does need to hear clearly . Some good news after almost 11 months of applying and interviews and lots of rejections finally got an offer! 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. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. A law clerk is often a recent graduate. The main motive was to make a modern law website that is clean, comfortable, and has few ads. 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. The magistracy benefits from having younger people in it, and younger people benefit from having been a part of the magistracy too. Thank you for your support! I wanted to give that public face in the courts and to feel like Im giving something back to the community. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. Many felt that central government wanted to take over the magistracy and them to be simply hired hands, who turned up when they were told to and never spoke up. 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. 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. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. This helps to keep peoples faith in the legal system and makes it easier for it to run smoothly. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. The length of the term is generally determined in advance and sometimes there is an opportunity to extend the term for one or more additional years. Change), You are commenting using your Facebook account. 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. There are about 14,000 magistrates in England and Wales who sit . 2- Judges enjoys great honor in the society. The stats do little to dispel that. Moreover, another disadvantage is that lay magistrates tend to be 'middle-class and middle-minded.'. 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. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. 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. 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. Magistrates tend to be middle aged. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. The person must pass the state judicial service test. But this will always prompt you to accept/refuse cookies when revisiting our site. A Gannett Company. Because most of us live in our world. 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. Magistrates embody one of the most important tenets of the criminal justice system - the principle that defendants are judged by their peers. How to Study and Prepare for Judiciary Exam 3. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Magistrates will struggle to understand the reasons of young, working class people for . "We are really there as adjudicators, to look at both sides of the argument," he said. What do magistrates say about volunteering while working? Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. As being said that they handle very limited types of cases, these types include (but can vary from state to state): Child Support, Alimony, custody issues, family issues, family property use. Given his infectious and seemingly perpetual cheerfulness, it is hard to imagine him pouring over legal tomes and delivering stony-faced verdicts. Contact Carmine Proofreading for a friendly, professional service from a qualified proofreader. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. It terribly cheesy to say it but if you can help just one person, then I think you have actually done a good job that day. 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. "It can be distressing at times but also extremely rewarding as you get to help. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. 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. If you are dissatisfied with the response provided you can This exam is conducted state-wise. All of the research and writing involved in a clerkship is for the judges review and/or signature. Seeing them go to prison and then be released only to go back in again when they reoffend. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. 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. Theres been a turn-over of staff. Copyright Get Revising 2023 all rights reserved. The application process for federal clerkships is handled through a website called OSCAR. Term clerks often serve in the position for 1 to 3 years. "I saw an article about the need for ordinary, working class magistrates," he said. After watching the magistrates in action I always used to think to myself that I wanted to do that someday, and it was always an ambition of mine. Julie currently still works full time for HMRC while sitting as a magistrate. A judge must hear both the parties (prosecution and defence). As of April this year there were 1,059 magistrates in Wales. 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. 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!). 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. In the final piece in our series, we look at the magistrates themselves. There are certain advantages and disadvantages to using lay magistrates. But away from the court, magistrates are everyday people who give up their time to give something back to the community. If your employer wants to learn more about employing a magistrate and the benefits of doing so, they can find out more here. Most of us will hope never to set foot in one, but thousands end up appearing in court each year. Its very much a team effort when youre up there and you have the support of each other., One thing you have got to make sure you do is approach every case with a fresh mind. Data returned from the Piano 'meterActive/meterExpired' callback event. This website and associated newspapers adhere to the Independent Press Standards Organisation's Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. '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. Unrepresentative of society- Only people with free time. We find this increasingly difficult to accept. 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. 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. I also wanted to experience an area of life that I would ordinarily never see and fulfil my civic duty. Show How much time will I need to commit to the role? They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. Follow these steps to become a successful magistrate: 1. But, everything present on this planet has both negative and positive aspects. 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. 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. 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. It is a job with a high level of responsibility and is a very reputed position. A number of magistrates complained that the pace of change was swift and that the training was inadequate. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. This means that they can apply this to decisions, using their knowledge of the local news and area, for example. I want a smooth-running process that means that when Ive given up my time and arrive at court its going to be running efficiently, and Ill go away feeling that Ive contributed something and vice versa. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. At 11 o-clock I was shopping because we were sent home. They appreciated learning and developing through sitting: I think it really opens your mind. That feels good., Magistrates were passionate about their role but many had concerns about how they were treated and the way the courts were being managed, The rate of change is probably too fast so that people feel undervalued.There isnt a chance to really feel that people are having a contribution in terms of collaboration, in terms of making suggestions as to how things might change; it is all being done to us rather than us being part of those decisions. 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