• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  • Level: GCSE
  • Subject: Law
  • Document length: 1080 words

Distinguishing between a Lay Magistrate and a Stipendiary Magistrate.

Extracts from this document...

Introduction

Distinguishing between a Lay Magistrate and a Stipendiary Magistrate. Introduction: - Magistrates sit on a bench in the magistrates' court and hear around 98% of all criminal cases. Many Magistrates' deal with summary offences including, driving without insurance and common assault. The Magistrates listen to the case in hand, and then have to decide weather the defendant is guilty or not guilty. They have to come up with a suitable punishment for a guilty plea aswell. There are two types of magistrates, lay magistrates and stipendiary magistrates. Lay magistrates are also known as Lay Justices or Justices of the Peace (JPs). Lay Magistrates are the more common type of magistrates. Lay magistrates give their time on voluntary, although expenses can be paid (under the Justices of Peace Act 1979). There are over 60,000 lay magistrates in England and Wales. In order to become a lay magistrate, there are number of criteria that need to be fulfilled. ...read more.

Middle

Stipendiary magistrates are qualified lawyers, who are appointed to sit as full-time professional judges in magistrates' courts. They support and complement the work of the lay magistrate and help them maintain consistency with respect to sentencing. Stipendiary magistrates usually sit alone. There are currently 92 stipendiary magistrates in England and Wales and some 30,000 lay magistrates. A person appointed by Her Majesty to be a stipendiary magistrate in any commission area shall by virtue of his office be a justice of the peace for that area. Under section 71 of the courts and legal service act 1990, Any stipendiary magistrate appointed under this section - shall be a person recommended to Her Majesty by the Lord Chancellor, and shall not be removed from office except on the Lord Chancellor's recommendation. The number of stipendiary magistrates appointed under this section must not ever at any time exceed 50. A Stipendiary magistrate appointed under this section must sit in a court near to their commission area. ...read more.

Conclusion

To address the problem of delays in the magistrates' court the Narey system is currently being introduced. Following the success of six pilot schemes around the country, is has seen defendants been brought to the bench within 48 working hours rather than the usual four to five weeks. The success of the scheme includes the introduction of law prosecutors to review files, putting before the bench straightforward "guilty" pleas and working closely with the police. It should be noted that a lay magistrate is assisting the administration of justice. They laws have already been made by the hierarchy and approved in the house of commons by the MP's who are there to ensure all the things that the lay magistrates are being criticised for. Conclusion: - In my opinion I think it is an advantage using ordinary members of the public as judges. I recently went to my local court, and I saw that the Lay Magistrates have unbiased views towards the defendant, and gives their views purely as a local person, and they give their views as a normal unqualified in law human being. ...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. Marked by a teacher

    Police powers

    4 star(s)

    Reasonable force may be used if necessary in order to make the arrest (section 117 Police and Criminal Evidence Act). If the arrest has been made by warrant, then it should be shown on demand, and the police may need to search the suspect arrested for any evidence or anything which the person may use to escape.

  2. Lay Magistrates.

    In those jobs you might be called up to do something whist on a case which would mean that there was one less magistrate on the bench and therefore limiting your chances of a fair trial. The major qualification to become a Lay Magistrate is not to have a qualification in law.

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

    Loss of self control The defence of provocation assumes an explosive loss of temper caused by things said or things done. The defendant who is worn down by his victim and eventually submits doesn't meet the requirements of the defence.

  2. essay discussing the advantages and disadvanteges of lay magistrates

    For either of these options you need to be middle aged or retired. The local commite will interview the candidates to see if they have the qualities that in their eyes a person in the position of Justice of the peace should have.

  1. The Law Relating to Negotiable Instruments

    In the case of a check originally drawn payable to bearer, the banker is discharged by paying in due course to the bearer thereof, even if any endorsement restricts or excludes further negotiation (Sec. 85). 8. Drafts by one branch on another: Where a draft, i.e., an order to pay

  2. The Work of the Magistrates Court and Magistrates

    There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and communication, sound judgement and commitment, maturity and sound temperament, social awareness and reliability. They must also possess a good character and personal integrity.

  1. 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

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    accords man chronological and ontological priority over woman, who is called "virago" "because she was taken out of man" (Genesis 2:23). Despite the apparent differences between these accounts, both could be (and were) interpreted by medieval exegetes as arguments for woman's essential lack of similitude (hence inferiority)

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