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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
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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)
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