Past Examination Questions
1(b) Discuss the value to the English Legal System of lay magistrates. (15 marks)
There are both advantages and disadvantages to having magistrates. One particular disadvantage is the fact that magistrates should reflect the area they represent. This is very difficult to get accurate.
An example is the political views of the magistrates. These should represent the local area. However this is not often the case. In a study in Oldham it was revealed that 52% of the local people voted Labour, but only 27% of the magistrates. This shows no matter how carefully the magistrates are chosen, they still o not equally represent the political views of the area they represent. The political views of the magistrates are supposed to reflect the views of the people in the area they represent. However this is not often the case. In a study in Oldham it was revealed that 52% of the local people voted Labour, but only 27% of the magistrates. This shows no matter how carefully the magistrates are chosen, they still do not equally represent the political views of the area they represent. There is a similar case concerning the race of magistrates. In 1987 there were only 2% of black magistrates, compared to 5% in the population. The figures for 1992 showed the percentage had not increased. But in certain areas there has been considerable success in appointing more magistrates from ethnic minorities. However when it comes to gender, you will find it is very evenly spread between the 2 sexes. There are 54% male magistrates and 46% female.
