• 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...


"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.


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.


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

    The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of ...

    3 star(s)

    Subsequently PACE was formed, it replaced the confusing mixture of common law, legalisation and local by-laws on pre-trial procedure. The reason PACE was brought into being was because police used excessive methods when arresting and detaining suspects. The police at the time would have viewed it as reducing their ability to investigate crime.

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

    Smith said treatment was palpably wrong, but court said it was only poor. R v Cheshire (1991) - Cheshire got into a fight and shot victim in leg and stomach. Hospital didn't give affective treatment and victim develops breathing difficulties, they do a tracheotomy badly and he dies.

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

    Disadvantages are that as people have to give their time voluntarily, it attracts wealthy or retired people who are often enjoying lifestyles out of touch with those they are dealing with. There is often not enough representation for the young and ethnic minorities.

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

    We can still strengthen our argument by emphassising one more important fact. with persons, being reasonable turns out in fact to be a dispositional rather than an episodic quality. Although we can all think of counter-examples, where a man whose judgement we all respect gets hold of the wrong end

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

    In Entick V Carrington, two king's messengers were sued for having unlawfully broken and entered the plaintiff's house and seized his papers, the defendants relied on a warrant issued by the secretary of state ordering them to search for Entick and bring him with his books and papers before the secretary of state before the examination.

  1. 'What defences does the law provide for journalists facing defamation cases?'

    Parliamentary or judicial proceedings are usually absolutely privileged events. This means any statements made on these occasions cannot be subject to defamation action. This privilege comes from article 9 of the human rights bill 1689 and means that journalists have the right to report on anything, defamatory or otherwise if absolute privilege is attached to the event in which it occurred ie.

  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.

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