Advantages of lay magistrates Flashcards
(36 cards)
What are the 5 advantages of lay magistrates?
- Cross section of society
- Local knowledge
- Cost
- Legal adviser
- Few appeals
What had a former Lord Chancellor said about the diversity of the magistracy?
“Magistrates come from a wide range of backgrounds and occupations”
What % of District Judges are women?
25%
What % of Magistrates are women as found from a 2012 figure?
51.3%
What % of District Judges are from ethnic minority backgrounds ?
4%
What % of magistrates are from ethnic minority backgrounds?
8%
What was the previous requirement for lay magistrates to have lived in respect to their area covered by the commission?
had to live within 15 miles
Why did Magistrates previously have to live within 15 miles of the area covered by the commission?
so that they would have local knowledge of particular problems in the area
What power said that there was no longer a formal requirement that magistrates should live in or near the area in which they sit as a magistrate?
the Courts Act 2003
Although the Courts Act 2003 has stated that there is no formal requirement that magistrates should live in or near the area in which they sit, what is normally the case?
normally magistrates will sit in the local justice area in which they reside
What is the instance in which a magistrate will want to sit in a place where they do not live?
if they work in that area
Why is it thought that even though magistrates live or work in the relevant justice area that they still do not have sufficient local knowledge of the problems in poorer areas?
as most magistrates come from professional and managerial classes who live in better areas
What are magistrates main value in terms of local knowledge in comparison to judges?
more awareness of local events, local patterns of crime and local opinions that a professional judge from another area wouldn’t have
What do magistrates have more awareness for from local knowledge (3)?
- local events
- local patterns of crime
- local opinions
How many Magistrates Courts’ have been closed in the last 10 years?
150
What problems have occurred due to the closure of 150 Magistrates Court in the last 10 years? (2)
problems of access and attendance
How has the closure of 150 Magistrates Courts in the last 10 years caused problems of access and attendance?
as in some areas people have long journeys to their ‘local’ court
What effect has the closure of 150 Magistrates Courts in the last 10 years had on magistrates?
their local knowledge is being lost
How many extra District Judges would be needed to replace all lay magistrates?
1,000
What would be a disadvantage of acquiring an extra 1,000 District Judges to replace all lay magistrates?
it would be expensive as magistrates are unpaid
What would be a difficulty of recruiting an extra 1,000 District judges to replace all magistrates?
difficult to recruit sufficient qualified lawyers
What is an advantage of having a trial at the Magistrates Court as opposed to the Crown Court in regards to cost?
Crown Court trials cost both the Government and defendants who pay for their own lawyer much more than a trial at the Magistrates Court
From what year have all Magistrates clerks had to be qualified barristers or solicitors?
from 1999
What brings a higher level of legal skill to the Magistrates Court? (2)
- The clerk
- the Legal Advisor
