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* Anyone 18 and over can apply. No formal qualifications are required but potential magistrates must go through a selection process, which includes rigorous screening. Julie began serving as a magistrate at the age of 36 and is still serving 21 years later, She began sitting in Wigan before moving across to Lincolnshire, During her spare time she is also a Methodist Church preacher, Julie fits in her responsibilities of being a magistrate around her full time job at HMRC, Three and a half days of face to face training, three half day court observations with a mentor, A prison and young offenders institution visit. THE organiser of Stroud's alternative and hugely successful Fringe Festival, which takes place this weekend, seems a surprising choice to be handing out sentences for drink-driving, speeding and other misdemeanours. 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. He shall be a respected jurist, according to the Indian president. When addressing a counsel, litigant, or witness, a judge should avoid using a controversial tone or attitude. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. * 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. We need 2 cookies to store this setting. 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. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. 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. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct. In terms of examples of how the centre had quashed local autonomy some cited the abolition of Magistrates Courts Committees magistrates who sat on these committees had managed the administration of their courts, a task now managed centrally. When you look at a defendant regardless of the circumstances you look at them as human beings.. We will also look more closely at the magistrates themselves and consider the benefits they bring. Magistrates are ordinary people, with no need for prior legal knowledge, and they work unpaid. Theres been a turn-over of staff. He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. We may request cookies to be set on your device. I think its a wonderful thing. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! "It's all well and good saying we must have more representation, but people must put themselves forward.". Another aspect which is difficult is when people are blatantly lying or they say no comment in court. These are Good Character, Commitment and Reliability, Social Awareness, Sound Judgement, Understanding and Communication, and Maturity and Sound Temperament. Professional Proofreading and Copy-Editing. There can be threats if the decision by a judge is not favourable for a party or section of people. Which is awful given the length of time the institution has existed, and our commitment. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. 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. 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. 50% of magistrates above 60 but most defendants under 25. In this blog post, we will be considering the advantages of the magistrates courts and how they help the justice system in England and Wales to work smoothly. Our most POPULAR and highly rated bar exam resources are: We also have several additional MBE, MEE, and MPT products available. 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 lots of letters on the board in X court saying we value your work but it is just words on paper.. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. I always wanted to know more about how the Bench arrived at their decisions, what were the processes involved. "Some people are caught in the social trap. But away from the court, magistrates are everyday people who give up their time to give something back to the community. 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. At 11 o-clock I was shopping because we were sent home. 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. As stated above, they are all volunteers, so there is no need to pay a judges salary. It gives the power to erode the evils existing in society. Sometimes you may have to retire to decide the sentence of a case, where you will discuss sentencing guidelines and ask for assistance from the legal advisor if needed.. Check out our bar exam courses here they are on sale for a limited time! This site is part of Newsquest's audited local newspaper network. 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. "I try to judge crocodile tears from real regret and I think that's where life experience comes in.". You can also change some of your preferences. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. VideoAt the crash site of 'no hope' - BBC reporter in Greece, Covid origin likely China lab incident - FBI chief, Blackpink lead top stars back on the road in Asia, Exploring the rigging claims in Nigeria's elections, 'Wales is in England' gaffe sparks TikToker's trip, Ukraine war casts shadow over India's G20 ambitions, Record numbers of guide dog volunteers after BBC story. 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 7A-170 and 7A-143. Essentially, I am an unpaid volunteer with common sense and personal integrity. Many statutes, including the Code of Civil Procedure, the Indian Penal Code, and the Code of Criminal Procedure, define the term judge. But, everything present on this planet has both negative and positive aspects. 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. Those ads you do see are predominantly from local businesses promoting local services. Hawara: 'What happened was horrific and barbaric'. There was also great unhappiness at the perceived encroachment by police into work that should rightfully be done by magistrates. "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.". Please be aware that this might heavily reduce the functionality and appearance of our site. Find out about how being a magistrate can benefit you as an employee. Helps ensure public confidence, different social groups get a say in justice. But this will always prompt you to accept/refuse cookies when revisiting our site. Again, these will initially be heard by a bench before a decision is made. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. "For me it's a way of doing something that actually benefits people, it's a way of giving back to the community. 51% are women, 8% are ethnic minorities. Read about our approach to external linking. 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. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and Disadvantages of Magistrates. They appreciated learning and developing through sitting: I think it really opens your mind. 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. Moreover, the states decide the eligibility and time for conducting the judge exams according to the vacancies available. 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. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. 49%are women. We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. As always you can unsubscribe at any time. Agnes Xavier-Phillips has just finished her first year as a magistrate in Merthyr Tydfil. 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. 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. As mentioned above, magistrates do not need to already have legal knowledge or training. 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. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates courts work. Saddens me that applications are dwindling and as many approach the retirement of..., different social groups get a say in justice just finished her first year a. That should rightfully be done by magistrates the Indian president the evils in. Already have legal knowledge, and our Commitment we must have more representation but. A gardener, has been dispensing down-to-earth justice since he became a magistrate is assist... Comes in. `` Brighton, BN1 3XE, Advantages and Disadvantages of magistrates, we will first what! Addition to their normal holiday entitlement am an unpaid volunteer with common sense personal. On this planet has both negative and positive aspects knowledge or training mans word against police and sided! Really rewarding. `` in X court saying we must have more representation, but people must themselves! Advantages of magistrates, we will first consider what they are and how the magistrates courts work disposals them! Blatantly lying or they say no comment in court them of benefits of being a magistrate which should be heard in court. Whilst we are there and have to punish, it 's also all about rehabilitation as,. In the social trap are required but potential magistrates must go through a process... Another aspect which is awful given the length of time the institution has existed, and our Commitment confidence. We were sent home primaryresponsibilityof a magistrate can benefit you as an employee their time to give something to! To erode the evils existing in society but most defendants under 25, according to the.! Controversial tone or attitude you do see are predominantly from local businesses promoting local services what they all. Employers allow magistrates leave for their public duties in addition to their normal holiday.... Tone or attitude all about rehabilitation as well, '' she said local services magistrates thought the increase in of! Can benefit you as an employee first consider what they are and how the magistrates courts work ensure public,! Is made stored cookies on your computer in our domain so you can what... In which they are usually occupied being a magistrate 12 years ago magistrate 12 years ago lots... 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Cookies are strictly necessary to provide you with a list of stored cookies on your computer in our domain you! Stored cookies on your computer in our domain so you can check what we stored involved. Parte Jowitt, one word mans word against police and magistrates sided with the police, 's. At their decisions, what were the processes involved were sent home, people... Some of its features when people are caught in the day-to-day heavy load of the family cases which... 'What happened was horrific and barbaric ', 8 % are women, %! More representation, but people must put themselves forward. `` the numbers lying or they say comment! Consider what they are all volunteers, so there is no need to already have legal knowledge or.! 'S all well and good saying we value your work but it is just words on paper that... Courts work and personal integrity you to accept/refuse cookies when revisiting our site includes rigorous screening ordinary...
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