Lay Magistrates

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  • Created by: lulu_kate
  • Created on: 18-11-18 12:07

Evaluation of Lay Magistrates

Advantages

  • Magistrates provide a better representation of society than professional judges- 55% of Lay Magistrates are women compared to 21% of court of appeal judges
  • Magistrates will normally live or work within the area in which they sit, although this is no longer a formal requirement
  • The use of lay magistrates is cheap as they only have to be reimbursed for their expenses and subsistence
  • The trial itself at a magistrates' court is also cheaper than in a crown court
  • The availability of a Legal advisor is also seen as an advantage as there is constant access to advice on points of law and procedure
  • There are very few appeals from the Magistrates' court suggesting they are doing a good job. 1/3 fewer appeals come from the Magistrates

Disadvantages

  • There are areas of society which are very under represented
  • Over the last few years, Magistrates' courts have been closing which can cuse problems to access for some people and we are therefore increasingly losing the 'local knowledge' aspect.
  • "middle aged, middle class, middle minded"
  • There is a low aquittal rate in the Magistrates court which does suggest that there may be some prosecution bias.
  • There is often seento be inconsistency in sentencing across different areas
  • Magistrates are often criticised for relying too heavily on the legal advisor. Link to R v Eccles Justices ex  Farrelly (1992)

Evaluation

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