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Advantages
- Cost-Magistrates are unpaid, but judges earn £90,000. Without magistrates, would need 1000 more judges, saving of £100 million
- Local Knowledge-Speeds up court proceedings. Live in local area as they know local news. Paul v DPP- kerb crawling.
- More available than judges as no training is required. 1000 more judges would be required.
- Representative of Society-people from all ethnicities. 49%are women
- Public confidence- Like everyone else, and have life experiences. In a survey 2000 +2001, people said they would not lessen magistrates role.
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Disadvantages
- Prosecution Biased- As untrained , they may side with the police. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police.
- Inconsistent-May forget sentences due to working only 13 days a year. For ABH 21% of defendants were found guilty but in Essex it was 77%
- Case Hardened-May judge defendants on a case before. R v Bingham ex parte Jowitt 1974
- Unrepresentative of society- Only people with free time. Magistrates tend to be middle aged. 50% of magistrates above 60 but most defendants under 25.
- Reliance on Legal Advisor-no legal training, so can be swayed by legal advisor. R v Birmingham Magistrates ex parte Ahmed
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