Role of lay magistrates essay

The comparative figures for the Crown Court were? Both the magistrate and juror facilitate this lay justice perfectly. Specially selected and trained members of the Family Court Panels deal with a wide range of matters, most of which arise from the breakdown of marriage.

They are provided with training but it is not necessary to have any legal qualifications before becoming appointed as a magistrate.

It is seen as important to draw magistrates from local areas to be representative of the local community. A District Judge will sit alone in the Magistrates Court.

Crime This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. Law related activities are laid out in section 52 and include the obvious such as practising as a lawyer; and the not so obvious such as teaching law. In a sense it plays a vital role in ensuring that the criminal justice system works for the benefit of the public rather than for the benefit of unjust leaders.

As with the magistracy there are both advantages and disadvantages that come with the utilisation of a jury. After all, that is the whole purpose of the criminal justice system, and it could be argued Role of lay magistrates essay the statistics are against them.

However, part of this difference is due to the fact that cases in the Crown Court are more complex and therefore likely to take longer; but even so, it is clear that the cost both to the Government and to defendants who pay for their own lawyer is much higher in the Crown Court.

The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. This is another area of the jury where reform has been called for from bodies such as the Runciman Commission where its report recommended research into the decisions of the jury.

This goes a long way in Role of lay magistrates essay to maintain public confidence in a system where otherwise they would have no voice. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves.

Another advantage lies in the secrecy of the jury room. The judge gives the direction to the jury on the relevant law, which the jury has to apply to the facts of the case in order to reach a verdict. This has proven to be a difficult task to accomplish because of the ideals at the heart of the British justice system.

Thirdly, lay justices arrange for the committal of an accused to the Crown Court for trial in the case of indictable offences. A jury is used when a case it out of the magistrates jurisdiction. It is important as the liberty and freedom of a defendant depends on the conclusion that lay people make.

However this can be counteracted with the fact that a magistrate is limited to the amount of sittings they have per week which has been created in part to prevent such case hardening and biases are restricted due to the utilisation of a bench of 3 magistrates. Undoubtedly, the use of unpaid lay justices is cheap, not only because they are unpaid but also the cost of the trial itself is much less expensive than in the Crown Court.

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Magistrates mainly deal with summary offences of which there are hundreds. To start with all magistrates sit in the adult court but after gaining experience they may choose to apply to sit in the youth court or family proceedings court, and if successful undertake specialised training.

If it is a criminal case and the jury has given a verdict of guilty, then the judge will decide on appropriate sentence. Although there will inevitably be opposition to the utilisation of these systems the Government takes an active role in ensuring that measures in places to try and reform the structures into modern and effective mechanisms.

This mistrust can be based on the impression of the magistrate by the common man. Juries are an integral part of the legal system, a mechanism that is envied around the world to cite just one opinion, that of Dr Burkhard Schafer, professor at the University of Edinburgh.

A major area of concern is the variation in sentencing between different areas for the same type of offence.

Lay Magistrates and District Judges

The Lord Chancellor is tasked with the role of appointing magistrates on the advice of a local advisory committee. To assess its advantages, disadvantages can be equally juxtaposed alongside it. So cases last longer, and there are three of them per case. Indictable offences are offences which are more serious in nature such as rape and murder and therefore require harsher sentencing.

The jury has been interpreted as also having a political role as they stand in the face of oppressive rule. InHome Office figures revealed, for example, that whilst 70 per cent of those driving whilst disqualified were jailed in West Derbyshire, nobody went to prison for such an offence in Beverley in Humberside, Cirencester or Gloucester.

It also goes against the philosophy of the Human Rights Act as the defendant may not understand why he has been found guilty. As with any system the magistrate comes with its advantages and disadvantages. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.

They are expected be impartial and make decisions based on evidence brought before them, although on rare occasions the jury has gone against evidence and made a decision based on what they thought was morally right, as cased in the acquittal of Clive Ponting in Though they are not paid a fee for their services, the fact that the court has to be in session for longer is a great expense.

The most serious offences are known as indictable-only offences — for example, rape and murder — and these offences can only be tried in the Crown Court.May 09,  · Role, powers, selection, qualification and training of lay magistrates in UK.

Role of Magistrates

LEGAL UPDATE The maximum fine allowed in. Describe the role of magistrates in civil and criminal cases A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law.

Lay Magistrates and District Judges; (whether or not he is assigned to it The major role of lay justices is in trying criminal cases where they will themselves decide on the innocence or guilt of the defendant. Over 95% of all criminal cases are dealt with in Magistrates Courts.

Lay magistrates have the advantages of: local knowledge. This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process.

It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process. The role of a lay magistrate is one that is at the core [ ]. The Role of Magistrates Essay Lawyers and Laypeople: Magistrates in the Criminal Justice system No other Criminal Justice System in the world is as dependant on lay magistracy as Great Britain.

Lay magistrates administer. - The Advantages and Disadvantages of The Use of Lay Magistrates This essay will explore the importance of lay magistrates in the English Legal System.

It will explain and justify the advantages and disadvantages of the use of lay magistrates. - The Role and Powers of Lay Magistrates in Criminal Cases 1a) Describe the role and powers of lay.

Role of lay magistrates essay
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