Legal training or formal qualifications are not necessary when applying for the role as a Magistrate, as you will receive full training during employment. You will also be assisted by a legal adviser who will help you with any questions you may need answering during your time. Although, you do not require such qualification to become a Magistrates, you will, however, be willing to give up some of your spare time. The Magistrates take on from the ages of 18 and expect you to serve time with them for around 5 years, so this is something you must be serious about. You can apply for Magistrates all the way up to the 64 and you must retire at 70.
Although qualifications and training is not a requirement you will find that the Magistrates are very strict upon finding the correct character and personal qualities in a person. Conflicts of interest is also something that the Magistrates will concentrate on as you cannot be a
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These are, either-way offences that are disposed to the magistrate’s courts. Court cases with an estimated sentencing of over 2 years will be sent to the Crown, also cases where the defendant had been found guilty in Magistrates or for a full trial with a jury.
Each case will be assisted by a legal advisor, who will give advice to the Magistrates in which direction they should possible follow, allowing the Magistrates to always follow the correct procedures. 3 magistrates will commonly judge each case, again assisted by a magistrate who is trained to act as a chairperson.
Cases such as: rape, robbery and murder will not be trailed in Magistrates due to the seriousness of the case, these kinds of cases will always be trailed within a Crown court. Magistrates within Crown courts can decide if the defendant should be, let out on strict conditions (such as to keep away from a named person/people or places) or kept in custody
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
R N Howie and P A Johnson, Annotated Criminal Legislation NSW, 2011-2102, (Lexis Nexis Butterworths 2012) 17769-1774
... diploma, and must be a county resident for at least one year. Position of magistrate is gained either through appointment or partisan countywide election. State court judges are elected through nonpartisan countywide elections and must be a county resident. They must be at least 25 years of age, have 7 years experience practicing law, and be a state resident for a minimum of 3 years. Superior Court judges are required to have 7 years experience practicing law, be a circuit resident, be a state resident for a minimum of 3 years, and be no younger than 30. Superior court judges are elected in nonpartisan countywide elections.
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
... middle of paper ... ... A person needs a good education from college; a bachelor’s degree is needed. There are special types of parole officers, there are psychologist parole officers.
The next component of the criminal justice system is the court. These courts are ran by judges that make sure the law is followed and oversees what happens in the courtroom. The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011). The courts provide a set of guidelines that are used to resolve disputes and to test and enforce laws in a fair and rational
First have an excellent LinkedIn account (a social networking site for professionals), make sure all aspects of it is very strong, appealing, and unforgettable especially the profile (first seen). Then get an internship or volunteer in a law office. According to George, “When you finally get inside a law firm observe, read the letters, peruse the files, listen to what is happening around the office. Listen to attorneys and paralegals, offer to drag the files to court for trial, take documents to the printer for trial exhibits, and drive witnesses to deposition or to a hearing. Finally, make coffee and copies (all the time reading what is being copied) and learn why so many copies are needed and who they are being given
Police work is no easy task being an officer requires having the guts to protect and serve their community, it takes integrity and respect to others. As an officer one must know radio codes, traffic violations, state laws, how to lead, trust their team, how to interact with civilians, etc. Officers must have and must be able to express patience with civilians and must provide a safe environment to civilians. To become a Police Officer education comes first, the educational requirements are to have a high school diploma or GED, and a Bachelors degree in Criminal justice. Also to attend police academy in which they train to become mentally tough, and physically strong. They are tested on how much pressure they can take and their endurance. There is also a physical test that they take to ...
The role of magistrates is to deal with a wide variety of cases. Their main work is trying minor criminal cases, but they also have some civil functions. They hear applications for licenses to sell alcohol and dealing with community debts such a non-payment of the community charge. They also deal with domestic jurisdiction such as adoption and divorce. They also have bail hearings, issue warrants and commit indictable offences, such as GBH to the Crown court.
For instance, these magistrates were known citizens in the local area, not trained professionals. This sets up the whole legal system to be unprecedented and essentially give the magistrates a free for all, the ability to do what they want to do with no reprimanding on their part. They were simply not held responsible for wrong doings, however were held so highly in the criminal justice system and had so much power. This is why it is not surprising that eventually, lawyers and trained professionals started to appear in the criminal justice system to give both sides an equal playing ground. Prior, whatever the magistrate said, simply was followed.
their jobs for the public at large, not for you personally. In a criminal case, the Crown prosecutor must prove the defendant’s. guilt "beyond a reasonable doubt. " This means that at the end of a trial.... ...
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to
To become a police officer there are five basic requirements that one must first meet. Although these requirements may vary slightly from state to state they are pretty basic and not to difficult to meet. First an applicant must be a U.S. citizen or at least a permanent resident alien who has applied for citizenship. The next requirement seeks that an applicant be 21 years old by his academy graduation date. Agencies also have an education requirement, which can vary from department to department. Some departments will accept an officer with a high school degree or at least a GED; while police departments require some form of a college education whether that be a bachelors degree or a minimum number of college credits. Agencies also ask that the applicant has a valid drivers license and there is a minimum fitness requirement to ensure that an applicant will be able to keep up with any obstacle that he or she may face out on the field.
To pursue Career as Lawyer, the person has to be well determined in mind. The formal qualifications required for the same are: