• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discuss The Advantages & Disadvantages of The Use of Lay Magistrates

Extracts from this document...

Introduction

Discuss The Advantages & Disadvantages of The Use of Lay Magistrates This essay will explore the importance of lay magistrates in the English Legal System. It will explain and justify the advantages and disadvantages of the use of lay magistrates. Lay magistrates, also known as Justices of the Peace (JP's). They are ordinary people who are trained to be judicial officers with limited authority to administer and enforce the law in magistrates' courts. They are not legally qualified and undertake the work of a magistrate out of the sense of citizenship, as they are not paid to become a lay magistrate and work on behalf of the government. There are approximately 30,000 lay magistrates across the country and they sit as benches of three. As the magistrate's court hears summary and hybrid offences, lay magistrates never make a decision on their own. ...read more.

Middle

This takes away any prejudice against magistrates, as they are being honest and faithful to the law system and are part of the area, which can provide a swifter process to proceedings in a magistrate's court. Nevertheless, training lay magistrates is a significant advantage. As improved training makes an impact on what lay magistrates should look out for in cases. Although they do not have extensive legal knowledge; they are trained to understand this knowledge to the best of their ability. Also, the improved training says that lay magistrates are not complete amateurs to the law. Furthermore, an advantage for the use of lay magistrates is that there are few successful appeals in a magistrate's court, which suggests that the system is working. This in turn will boost public confidence in the law enforcement system, as they will begin to believe that cases can be dealt with quickly and efficiently. ...read more.

Conclusion

It is a 'random' selection. The final disadvantage is that there is inadequate compensation for loss of earnings, thus discouraging workers from applying to become magistrates. As time off is needed, the magistrates do not get money for the time lost at work while working on cases. Working as a lay magistrate can be daunting, which could lead to rushed decisions being made. In conclusion, I think that the system of lay magistrates is a reasonable one, as the government are trying to increase the number of cases in magistrate's courts. Which means that the system is working. It is a cost efficient process, which allows the government to spend less; which eventually leads to the taxpayers paying less. Therefore, I think that the advantages outweigh the disadvantages, as there is an increasing use of lay magistrates all across the country. ?? ?? ?? ?? Inderpal Singh/12AMCR AS Law/12D Mr. Walters Page - 1 - ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Lay Magistrates.

    This is the ability to understand documents, identify and comprehend relevant facts, and follow evidence and arguments. Another factor that is taken into account is social awareness. This is the appreciation and acceptance of the rule of law, understanding of the local communities and society in general.

  2. Distinguishing between a Lay Magistrate and a Stipendiary Magistrate.

    Many delays in court as caused by this and the same bench that heard the first case might not be avalible to hear the same case again, incurring additional costs and time.

  1. Criminal Law (Offences against the person) - revision notes

    - Prove intentional recklessness to do harm. She said, 'I didn't intend to harm and wasn't reckless' Intention was to throw drink over her, but glass slipped out of hands Technically not guilty. R v Parmenter 1991 - The defendant was 'baby juggling'. When he caught baby it caused internal bleeding. Inflicting GBH. MR. = Intention (incorrect)

  2. Describe the main differences between solicitors and barristers with regard to training and work ...

    Barristers are usually self-employed, so what they earn is what they get. Barristers usually work in chambers with other barristers who share the heating and lighting bill but do their own work. But this is not the same case for solicitors, as they are usually employed by an employer.

  1. essay discussing the advantages and disadvanteges of lay magistrates

    They are appointed by the lord chancellor on behalf of the sovereign. He receives recommendations from local advisory commities. People can put themselves forward to the commite or they can be put forward by a group for example a trade union.

  2. The Law Relating to Negotiable Instruments

    The presiding judge stated that "The controlling fact that alteration occurred after certification of instrument is not disputed. The bank in checking its records, discover alteration and refused payment. Under these circumstances, the decision of the bank, if any, is not a substantial or proximate cause of the in accordance

  1. The Work of the Magistrates Court and Magistrates

    Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate.

  2. Justices of the Peace - Magistrates Courts

    Magistrates can be removed from office by the Lord Chancellor, and several are removed each year for misconduct or incompetence or (on occasion) for refusing to apply a law they think unfair or unreasonable. In 1997, for example, the Lord Chancellor instructed a Wiltshire JP not to sit again after

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work