Criminal Courts & Lay People - Advantages of Lay Magistrates

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What are the advantages of Lay Magistrates?

- Cheaper than a judge only trial - Availability of Judges - Local Knowledge - Representative - Few Appeals - Public confidence fairness of open justice

How does the availability of judges make it more beneficial to have lay magistrates?

- If all magistrates were too be replaced by judges, we would need over 1,000 new judges - This would need new approach to appointment - Current pool of judges is not large enough

In what sense are Lay Magistrates Representatives?

- Lay Magistrates are more representative of society than a judge or a lawyer. - Most trials do not involves complex law and magistrates reflect a better cross-section to decide who is telling the truth.

How are using Lay magistrates cheaper?

- Lay Magistrates are unpaid apart from court expenses - Most criminal cases tried are without need of Judge - Average Judge salary over £90,000 - It saves around £100m annually

How does Local Knowledge help, in terms of Magistrates?

- Local Knowledge is invaluable - Sentencing can take into account local problem

Specify the advantages of public confidence

- Trial by magistrates is long established - The public are involved ensuring the process is understood by ordinary people & not dominated by professional lawyers.

How are few appeals an indicator of an advantage of Magistrates?

- Very few Defendants challenge the decisions made by the Lay Magistrates which suggests they are good at what they do


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