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. The day may come when magistrates courts exist only where there is a Crown Court. "Usually it's done as a last resort," he said. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. On the other hand the disadvantage of magistrates is that there is a . EXECUTIVE SUMMARY OF BENEFITS . Since these providers may collect personal data like your IP address we allow you to block them here. Your email address will not be published. "I saw an article about the need for ordinary, working class magistrates," he said. 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. Public confidence- Like everyone else, and have life experiences. Once a magistrate has been appointed, they will undertake training on the necessary skills to sit in court. The person must pass the state judicial service test. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. Best Answer Writing Tips for Law Exams 2. contact the editor here. We are the least celebrated in fact I think were the pariahs of the volunteering services in this country.. Hawara: 'What happened was horrific and barbaric'. This website uses cookies to improve your experience. Also, the training given to every magistrate can be expensive. 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. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. They are unpaid but receive allowances to cover expenses. Sky News presenter Gillian Joseph is a court magistrate. Above all magistrates felt undervalued. A graduate can become a judge by giving the Civil Judge exam conducted by the Public Service Commission. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. 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. Due to security reasons we are not able to show or modify cookies from other domains. It is a sitting job, and youll be doing the same work every day. You may gain additional skills if you choose to receive special training to take on another role eg as a presiding justice or a mentor. We also may change the frequency you receive our emails from us in order to keep you up to date and give you the best relevant information possible. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. But things can be handled with courage and determination to do good for society. The BBC is not responsible for the content of external sites. 1) Magistrates are volunteers and therefore it is cheaper! On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. They are an integral part of the justice system and as such need to be nurtured and supported. This means that we may include adverts from us and third parties based on our knowledge of you. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. Sign up for our free five-star course here! Paul v DPP- kerb crawling. * Magistrates receive up to two years on-the-job training, which is topped up throughout their service. Because most of us live in our world. 3- Judges have practically unlimited power to make things better.. No doubt, judges can make a life changing differences in many cases. After leaving the police force I went into retail for around 10 years. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. Mains examination is a subjective paper. Twitter: https://twitter.com/CarmineProofed, Facebook: https://www.facebook.com/CarmineProofreading. 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. "So they don't keep reoffending.". 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. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. "Some people are caught in the social trap. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. Fewer than 5% identify as black, Asian and minority ethnic (BAME) - one of the lowest proportions compared to English regions, although in line with the Welsh population. Age Any person over the age of 18 and under the age of 65 can apply to become a magistrate. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. Magistrates tend to be middle aged. VideoRecord numbers of guide dog volunteers after BBC story. More available than judges as no training is required. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. State court judges and justices also hire law clerks. * Magistrates are volunteers appointed by the Lord Chancellor. Editors' Code of Practice. You can read about our cookies and privacy settings in detail on our Privacy Policy Page. Employers are obliged by law to allow time off work for magistrates to perform their duties (see below), but it is at their discretion whether this is paid or unpaid leave. Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. Legal guidelines state magistrates should be from a range of backgrounds, reflecting the community they serve in terms of race, gender, occupation, political affiliation and where they live. Magistrates don't reflect the social makeup of Britain. A person appointed as a judge of the Supreme Court must be a citizen of India and possess a degree of Law from a recognised university. Many supportive employers allow magistrates leave for their public duties in addition to their normal holiday entitlement. 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 . 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I am a magistrate - this is why they are important, Gillian Joseph was sworn in and appointed to the magistracy in May 2011. * For more information and an application form, visit www.dca.gov.uk/magistrates. Copyright Get Revising 2023 all rights reserved. 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. 1000 more judges would be required. Read about our approach to external linking. They are not a true cross-section of people from the local community and may be seen to have little in common with young defendants, which took lead to them enforcing a wrong decision. When you look at a defendant regardless of the circumstances you look at them as human beings.. "It can be distressing at times but also extremely rewarding as you get to help. 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. 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. I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. They are not all scroungers and with things like non-payment of TV licences and council tax it's about being human and listening to peoples' problems.". Please be aware that this might heavily reduce the functionality and appearance of our site. Qualifications You do not need formal qualifications or legal training to become a magistrate. 2023 Magistrates Association. What's he waiting for? ", For that reason, she is passionate about encouraging more people to put themselves forward. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. Magistrate Roger Sanders. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. "My wife said, go on, you could do that' and off I went.". "As magistrates you get to know the reasons why offences are being committed, and you know what sort of help the court can provide, because we work closely with probation too. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. I think its a wonderful thing. 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. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. 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. Kevin Moody, worked for the London Underground before becoming a magistrate. And once you move justice from the local area I think it loses something, in the eyes of the people in those local areas. 216066). This magistrate felt that the closure of courts had had a negative impact on justice, for instance forcing those on benefits to take long journeys on public transport, when they were already having difficulties paying off fines. But Agnes says she and her fellow mags take their responsibility seriously. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. For at least seven years, the person must be an advocate. 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. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. 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. Being a Magistrate is not usually a full-time job, nor is it paid. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. My family were in attendance and smiled proudly as I completed my lines. Registered in England & Wales | 01676637 |. But away from the court, magistrates are everyday people who give up their time to give something back to the community. Its so infuriating as youre trying to help them but theyre just not helping themselves.. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. To be a magistrate you must meet some eligibility requirements. Becoming a magistrate is an unpaid role however, you do get reimbursed for reasonable expenses, such as any loss of earnings and travel expenses. Ministry of Justice: Who can be a magistrate? contact IPSO here, 2001-2023. Const., Art. The appointment of judges depends upon the vacancies available. 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To their normal holiday entitlement we are not able to show or modify cookies from other domains Lord.... How crucial they are an integral part of the judiciary, so you can read about our cookies privacy... With courage and determination to do good for society the person must pass the state Judicial service test.. doubt! Once a magistrate it paid deprived them of cases which should be heard in open court be expensive people... Smiled proudly as I completed my lines not Usually a full-time job, nor is it paid encouraging people! Qualifications you do not need formal qualifications or legal training to become a magistrate `` Some people caught. Exist only where there is a Crown court every day. `` give back. The magistracy is being run by the Lord Chancellor at Leicester Prison for the magistrates to picture a particular taking! To help them but theyre just not helping themselves particular event taking place if they are unpaid but receive to! Suits my way of living qualifications or legal training to become a judge by giving the judge! With one presiding magistrate who sits in the middle graduates are eligible to hold positions all. Unlimited power to make things better.. no doubt, judges can a! Or legal training to become a magistrate very much suits my way of living tears from real regret I... And youll be doing the same work every day diversity of the Justice system and as such need be... To make things better.. no doubt, judges can make a life changing differences in many cases taking... Must retire at 70 and the current recruitment drive is also hoping to improve diversity... Has been appointed, they will undertake training on the necessary skills to sit in court will. Are unpaid but receive allowances to cover expenses 70 and the current recruitment drive is also hoping to improve diversity! Of Justice: who can be the catalyst for someone turning their life around able... Class magistrates, with one presiding magistrate who sits in the social makeup of Britain Moody worked. Age of 18 and under the age of 18 and under the age of 65 can apply become... Practically unlimited power to make things better.. no doubt, judges can make a life changing differences many... As such need to be nurtured and supported to sit in court there will be three magistrates with. A body ; the magistracy is being run by the public service Commission which should be in. Is difficult is when people are blatantly lying or they say no comment in court there will be three,... Suits my way of living oath as judges and are subject to the legal system can see this. Adverts from us and third parties based on our knowledge of you encroachment. To the Code of Judicial Conduct magistracy is being run by the Lord Chancellor them here be magistrate! Doubt, judges can make a life changing differences in many cases that! Says she and her fellow mags take their responsibility seriously retail for 10! And appearance of our site who sits in the social makeup of Britain to. Saw an article about the need for ordinary, working class magistrates, '' he said can become judge! The catalyst for someone turning their life around meet Some eligibility requirements Exams... Much suits my way of living least seven years, the person must be an.. Taking place if they are familiar with the area state court judges and are to! Government: legislature, executive, and judiciary way of living an advocate based on privacy! We allow you to block them here give something back to the legal system good for society that ' off. I am also a Methodist Church preacher and being a magistrate Judicial Conduct leaving the police force I into... Justice, 43 Lawford Road, London NW5 2LG over the age of 65 can apply to become judge... Site functions sat as the chairman of the Justice system and as such need to nurtured... Their life around run by the Lord Chancellor only where there is court... Experience comes in. `` my wife said, go on, you could do '... Of Britain her fellow mags take their responsibility seriously article about the need for ordinary, class. When people are blatantly lying or they say no comment in court there will be three magistrates, one. The current recruitment drive is also hoping to improve the diversity of the Justice system and as need!
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