• 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. essay discussing the advantages and disadvanteges of lay magistrates

    So you need to be in a respectable position in a community or doing well in your job. Otherwise you have to put yourself forward for which you will need a lot of spare time. An example of this is that over 40% of magistrates are retired.

  1. 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.

  2. The Work of the Magistrates Court and Magistrates

    A magistrates's court committee (MCC) is a group of up to twelve magistrate members selected by a statutory selection panel for each magistrate's courts committee area. The powers and duties of MCCs, and the requirements for the selection process, are laid down in legislation. Each MCC is responsible for the provision of an efficient and high quality service to the public within its area.

  1. The Law Relating to Negotiable Instruments

    once a wrong person takes away the payment of an open check it is difficult to trace him. A crossed check is payable only through a collecting banker and not directly at the counter of the bank. Thus, crossing affords security and protection to the holder of the check because

  2. Justices of the Peace - Magistrates Courts

    About 1 per cent of magistrates a removed by the Lord Chancellor, 4 per cent die in office, 35 per cent retire, and 60 per cent resign for work or health or other personal reasons. The Lord Chancellor seeks to ensure that each bench "broadly reflects the community which it serves" insofar as this is possible.

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