Criminal Courts & Lay People - Advantages of Lay Magistrates
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