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. The appointment procedure or eligibility criteria for a District Judge and a Civil Judge are different. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. 806 8067 22 State trial court judges sometimes also have law clerks. Sign up for our free five-star course here! Public confidence- Like everyone else, and have life experiences. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Carmine Proofreading, 20172022. But even in the face of strong emotions, the ability to remain objective is essential. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. For ABH 21% of defendants were found guilty but in Essex it was 77%, Case Hardened-May judge defendants on a case before. You may be wondering what exactly a judicial clerkship is and whether it would be a good position for you. 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. One day he came in for his review and he had brought in some paper with him. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. They are an integral part of the justice system and as such need to be nurtured and supported. 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.. Paul v DPP- kerb crawling. * Magistrates are volunteers appointed by the Lord Chancellor. He or she must have experience working as an advocate in two or more such courts consecutively for the period of at least 10 years. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. People admire judges. 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. 10 Legal Jobs and Career Options After Law. A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. Thats all changed. We are excited to announce that our students had an 88.88% pass rate on the July 2022 bar exam! What transferable skills will a magistrate bring to an organisation? 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!). 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. 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 may request cookies to be set on your device. Your email address will not be published. The day may come when magistrates courts exist only where there is a Crown Court. As always you can unsubscribe at any time. Advantages? Thank you for your support! Students can directly give the judicial service exam after graduation to become a member of the subordinate judiciary. 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. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. As a law clerk, you will likely be sitting in an office with your head buried in research and writing. You may also. THE organiser of Stroud's alternative and hugely . "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. 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. Everything is going well. However, they must have six key qualities: Good Character; Commitment and Reliability; Social Awareness; Sound Judgement; Understanding and Communication; and Maturity and Sound Temperament. Ministry of Justice: Who can be a magistrate? A judge must hear both the parties (prosecution and defence). They're also supported by a legal assistant, or clerk - a qualified barrister or solicitor, who can give them advice on points of law. Magistrates resented wasting their precious time in the retiring room, while trials collapsed and they waited for CPS or defence practitioners to be ready. In the final piece in our series, we look at the magistrates themselves. "Usually it's done as a last resort," he said. Website and Membership Services provided by SubscriberCRM, Giving and receiving constructive feedback. For a magistrate position a person does need to hear clearly . 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. Newsquest Media Group Ltd, Loudwater Mill, Station Road, High Wycombe, Buckinghamshire. 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. Changes will take effect once you reload the page. Once a magistrate has been accepted, they will undergo training to make sure they are ready for the role. There are three to four papers in this exam, and the candidates selected in this exam shall be called for an interview round. On the bench in court there will be three magistrates, with one presiding magistrate who sits in the middle. 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 Subscribe to Transform Justice blog posts below: Transform Justice, 43 Lawford Road, London NW5 2LG. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. Paul v DPP- kerb crawling. You will have enough time to balance your personal and professional life. HP10 9TY. Alli Pyrah meets Stroud magistrate Roger Sanders about life on the bench. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. Principal correspondent at Catch, Suhas studied engineering and wrote code for a living before moving to writing mystery-shrouded-pall-of-gloom crime stories. Something went wrong, please try again later. Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. What are Magistrates? This website and associated newspapers adhere to the Independent Press Standards Organisation's I am also a Methodist Church preacher and being a magistrate very much suits my way of living.. Change), You are commenting using your Facebook account. How to Study and Prepare for Judiciary Exam 3. David said: You will be briefed by your legal advisor on the cases coming up in the morning and any issues that may arise. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. 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. 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. To be a magistrate you must meet some eligibility requirements. As mentioned above, magistrates do not need to already have legal knowledge or training. 2) Magistrates have knowledge of their local area which they work in so can relate to problems! Due to this reason, it is rightly said that a law degree can open the door to a wide range of careers that other degrees may not. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. In addition, a disadvantage is that the lay magistrates are. The process of obtaining a state court clerkship is less formal (and often slightly less competitive) than the process for obtaining a federal clerkship. 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. We use your sign-up to provide content in the ways you've consented to and improve our understanding of you. 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. Supporting your employee to fulfil their duties as a magistrate is an innovative way of supporting staff development. 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. 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. Deciding whether a prison sentence or a Community Order is most appropriate can be the catalyst for someone turning their life around. "I think more young people should become involved," he said. Copyright Get Revising 2023 all rights reserved. This site is part of Newsquest's audited local newspaper network. Copyright Get Revising 2023 all rights reserved. We find this increasingly difficult to accept. One magistrate told the manager that he did not want to sit with a colleague, because they had fallen out. Above all magistrates felt undervalued. Its the little wins that really make it worth it, says Kevin Moody. DeSantis won't say he's running. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. 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. 216066). Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. Two stages of interviews will be held between May and June. Or by navigating to the user icon in the top right. Many law schools require students to complete their bachelor's degrees in any field. Find out about how being a magistrate can benefit you as an employee. 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. 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. That feels good." 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. Another aspect which is difficult is when people are blatantly lying or they say no comment in court. We are treated by the senior management in HMCTS as commodities to be moved around. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. 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. "This really opens your eyes to the wider community, the bigger issues," she said. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. Change), You are commenting using your Twitter account. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. You will love them. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, 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 , Lay involvement - public participation in the justice system, Local knowledge - community concerns and interests represented, Balanced view - a bench of three Magistrates provides a balanced view, Cost - they are volunteers and therefore relatively cheap, though do take longer to make decisions than professional judges, Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds, Inconsistent - Magistrates can be slow to reach a decision often retiring to consider their verdict where a professional district judge would come to a decision straight away, Bias towards the police - sitting in local areas, Magistrates get to know the police officers that come to give evidence and tend to be more sympathetic to this. A career as a judge will surely give you financial and job security. Theres been a turn-over of staff. In order to qualify as a magistrate you need to have an LLB degree as a minimum requirement. To read 1 law content daily, message LAW on WhatsApp: 9128523662. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. 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. It can be really disheartening, as the chain is just not being broken.. 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. Whether state court justices and judges have law clerks and the process of obtaining such clerkships will vary greatly from state to state. Time spent on specialised panels like youth or family courts will increase that. If you have a complaint about the editorial content which relates to 4) They have a legal adviser to educate them with the current law Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. Ironically, Roger's least favourite aspect of the job is sending people to jail. Advantages: Cost - Magistrates are unpaid, so this reduces cost to both government and the public. Career clerks often continue working for the judge for an undisclosed period of time. 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. Judges preside over criminal, civil and constitutional matters in the High Courts, Supreme Court of Appeal and the Constitutional Court. The jury system uses a specific group size to help reduce bias. State court judges and justices also hire law clerks. Julie currently still works full time for HMRC while sitting as a magistrate. Those who had sat for many years felt their relationship with the court service had declined considerably. 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