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

"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?"

Extracts from this document...

Introduction

"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?" There are many advantages to electing for a summary trial as opposed to trail by jury. One advantage of electing for a summary trial is that magistrates know more about their local area as they are members of the local community appointed by the Lord Chancellor. This means that their views could be more conclusive and would most likely consider the needs of the community and the major problems it faces. On the other hand, magistrates' courts deal with smaller incidents and magistrates may have a more 'conviction-minded' attitude as they wish to look out for their local community. ...read more.

Middle

Which can lead to the loss of jobs, wages and accommodation. Another reason for electing for a summary trial is that magistrates have lesser powers of conviction. They can impose a maximum of 6 months imprisonment and or a �5000 fine. However if you then plea or are found to be guilty and the magistrates feels his powers are not enough then he will send the defendant to the crown court for sentencing. A disadvantage of electing for a summary trial is that the conviction rate in Magistrate Courts is very high, whereas in Crown Courts the figure is more evenly balanced, with the conviction rate being about 55%. This however, is somewhat biased, as crown court cases are more serious and not many cases move on from magistrates' courts. ...read more.

Conclusion

The main disadvantage of choosing trail by jury is the costs involved as a barrister becomes essential as in the crown court the case is looked into in more detail than the magistrate's court. Saying this however if a case is taken to the crown court then it is more likely that the defendant will receive legal aid. It could also be said that since magistrates are "lay" meaning not legally qualified that they are not capable of coming to a fair and more importantly a just verdict. This may or may not be so but they are certainly more experienced than a juror and that fact that magistrates usually sit in threes that any biases would be cancelled out and any inexperience compensated for. This experience would defiantly be looked upon as an advantage to electing for a summary trial as opposed to trail by jury. Page 1 02/05/2007 ...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

Here's what a teacher thought of this essay

4 star(s)

A good answer as many valid points made, some supported with evidence. What is impressive is that the answer often makes a point then in the same paragraph makes a counter point, showing awareness of both sides of the argument.
Rating ****

Marked by teacher Nick Price 18/03/2012

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

    To what extent does random selection of jury members create bias and would jury ...

    5 star(s)

    to be acquitted than if more experienced, specialised people were selected, as could be the case with jury selection.8 Lord Denning argues, in What Next In Law?, that " Jurors are summoned who are not sufficiently intelligent or educated to perform their task"9 and argues that the jury should be chosen like magistrates.

  2. There are four different types of law, criminal, civil, common and statuate. In this ...

    I will split up disciple into four sections, which are regulation, obedience, restraint and conformity. Regulation in the main discipline in the royal marines, this is because there are many different strict laws and guidelines within the marines that have to be abided by and followed.

  1. Study the concept of Reasonable man and reasonability in tort law.

    that we are prepared to suspend our own immediate unfavourable assessments of their reasonableness on a particular issue in the anticipation that further consideration or fuller understanding will counter first impressions. That is, although we start with the individual's immediate assessment of reasonableness, this assessment is capable of correction, thanks

  2. "Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer ...

    Furthermore Entick v Carrington illustrates Dicey's ideas. Here the courts affirmed that a warrant issued by a home secretary for entry into private property and seizure of allegedly seditious material was against the law and amounted to trespass. The fundamental constitutional principle of the Rule of Law in the United

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

    The Advantages and disadvantages of using ordinary members of the public as judges. The advantages of having ordinary members of the public giving their time voluntary, having sound local knowledge, have worked for many thousands of years. However, controversy surrounds the use of Lay magistrates and weather it is practical in the modern world.

  2. essay discussing the advantages and disadvanteges of lay magistrates

    When they are in court they sit in threes as they aren't legally trained. A single magistrate can make a mistake but it is much more unlikely for two or three to make the same mistake and thus giving a bit more reliability.

  1. To What Extent Have the Main Aims of the Land Registration Acts Been Met?

    The 'mirror principle' aims to reflect, in a definitive form, the totality of all the interests existing in or over any piece of land10. Therefore, the purchaser simply has to check the Register to obtain "an absolute and indefeasible title."11 The register, therefore, dispenses with the need for any retrospective

  2. Describe the process by which a Bill becomes an Act of Parliament.

    The 'Report Stage' is when amendments to the Bill take place. These amendments are debated in the House and either accepted or rejected. The 'Third Reading' is the final vote on the Bill and after this stage it is unlikely to fail.

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