This document contains the advantages and disadvantaged of lay people within the courtroom (Judges and the Judiciary).
This document ONLY contains AC 2.5 (1169 words)
AC 2.5 – DISCUSS THE USE OF LAY PEOPLE
MAGISTRATES;
Magistrates are lay people who are not qualified legal professionals and there are around 17,000 in
England and Wales. Magistrates are aged between 18-65, and you can apply to be a magistrate and
sit in the magistrate court without having any law or criminology qualifications. Magistrates are able
to decide whether the prosecution have proved the guilt or innocence of the defendant, however,
they can send cases to Crown Court if they think the case is more serious (or too serious to be dealt
with by the magistrates). Magistrates are unpaid but do however receive training and continuous
support within the legal and law field. And while sitting within the court, they are given a legal clerk
to ensure that they are following the law and abiding by it while understanding the legal
requirements to make a sentence. Magistrates have the ability to fine you whatever amount, while
reserving the ability to imprison you for up to 12 months and give you community service.
ADVANTAGES: DISADVANTAGES:
Because they don’t require any legal However, having a strong connection with the
qualifications, they are a small cost to employ. local community can lead to a risk of bias.
And because around 95% of cases are held in Because they live in the same environment
the Magistrates court, there is a relatively small they live in, the judgments and decisions they
cost when putting cases to trial. This is done by make may be affected by this. Magistrates have
not having to employ judges for every case, also been accused of portraying and displaying
saving money on the process. Magistrates are ‘middle class ideology’, as with the jury, it is
usually from the area they are employed in, so possible for the Magistrates to be bribed with
for this reason, the Magistrates are well status or monetary goods; in addition to this,
informed about the knowledge of the local while anyone can apply to be a Magistrate, the
area. Compared to judges, magistrates have a diversity is rather unrepresentative with most
better connection with the local community, being from a middle class, professional
and are therefore thought to make better background. A lot of Magistrates have been
judgements in terms of ‘local justice’. To be a closed as there has been less involvement from
magistrate you have to have a good character, the public and less volunteers. And due to the
be understanding and have good lack of qualifications, they can be inefficient
communication, have social awareness, be and tend to rely on legal advisors. And while
mature, have sound judgement, and be the Magistrates are less expensive to employ,
committed and reliable (they have to take at there are a lot of indirect expensive costs (such
least 26 and a half days sitting in court a year). as travel).
However, you cannot be a magistrate if you
have had nay driving offences, any major crime Magistrates also deal with a countless number
offences, have declared bankruptcy, or have of cases of the same category of crime (e.g.,
committed any other varying crimes. traffic violations) and may become desensitized
to the severity or seriousness of the cases that
In terms of appeals, very few cases apply to they are dealing with.
appeal the decision made by the magistrates
which also saves money through not putting
the case through the Crown Court or Court of
Appeals.
JURIES;
Juries are a selection of 12 members of the general public (selected at random form the list of
individuals who are on the electoral role) that represent the members of the public and their views
and values. You have to be under the age of 70 but over the age of 18, registered on the electoral
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