Muhammed Awais
M1- compare and contrast the role and function of judges, lawyers and lay
people within the English courts
In this report, I will be talking about lay magistrates and juries, I will also talk about solicitors and barristers and
lastly, I will talk about court of first instance judges and appeal court judges. I will discuss the differences and
similarities of the juries and lay people which sit in the magistrate’s court.
Lay People
Similarities
The similarities between lay magistrates and the jury is that they both aren’t legally qualified. The magistrates
are not paid, they are volunteers which wish to give up their own time. However, the magistrates will need to
undergo training if they would like to sit in the youth or family court. The lay magistrates are interviewed and
there are 6 attributes which the judges try to look for they are, they need to have commitment, good character,
understanding and communication, social awareness, mature and they need to have sound temperament. The
juries are not legally qualified and any member of the jury will not be paid for being a jury however the people
which work can claim for money if they had any costs while they were travelling to the court to be a jury. They
can also ask to get any money for work which they may have missed while being a jury. The jury are not trained
what so ever, the jury are presented to watch a video about being a member of the jury. Juries are selected from
the electoral register and the jury need to be 18 – 65 years old. Another similarity is the people which the jury
and the lay magistrates listen to. They need to listen to evidence provided by the prosecution and the evidence
provided by the defence. They also need to closely listen to witnesses when they are questioned and when they
are being cross examined. They both listen to the arguments which are made by the lawyers they do this by
listening to the facts of the case and to listen into where the evidence would settle in. to add on the jury also
listen to the judge when he will sum up the facts of the case. Another similarity is the people which can advise
both parties. The legally qualified clerk will advise the magistrates on the latest law but he cannot advise them
about the decisions to make. The legal clerk cannot tell the magistrates to say whether a person is guilty or not
guilty. The jury similarly can only be given facts of the latest law by the judge and the people in the court room.
They cannot tell the jury whether to find someone guilty or not guilty.
Differences
The differences between the lay magistrates and the juries are; the first difference is that there are 3 lay
magistrates which sit in a court, there are three people which 2 of the members are wings and the middle is
chairperson. The chairperson will also get the deciding vote. However, for juries there are 12 which sit in the
jury box, they will need to choose a leader in the deliberation room. The second difference is the sentencing
power, the lay magistrates can sentence 6 months and give an unlimited fine, but if two crimes are committed
then they can receive a one year sentence. Sometimes they could send the case to the crown court to sentence if
they believe they don’t have enough sentencing power. On the other hand, juries, don’t decide the sentencing of
a suspect. They are not given sentencing power, they can only decide the guilt. Then the judge will do the rest.
Another difference is whether they listen to appeals. The lay magistrates can listen to an appeal but only if they
sit with a crown court judge, they hear appeals which come from the magistrate’s court which are against
conviction or sentencing. Juries will not hear appeals. Another difference is the type of decision which both lay
people can make. The lay magistrates will decide on the guilt of the victim. The decision which they should
come too should be beyond all reasonable doubt. The decision which they make should be a unanimous
decision but if the decision isn’t reached the head chairperson will get the final vote. But before they make any
decision they weigh everything up, just like the evidence and the facts of the case. Alternatively, the juries will
also need to decide on the guilt and the decision must be a unanimous decision. The decision should also be
made beyond all reasonable doubt. If the jury cannot reach a unanimous decision, the judge will look for a
majority vote which should be 10 to 2. If that isn’t possible then it would be a hung jury, then a new jury must
be bought in. the jury will make their decision in the deliberation room. Lastly another difference is the type of
cases and which category of offences they listen too. The lay magistrates hear 95 % of all criminal cases. They
have limited civil power e.g. granting an alcohol license. The lay magistrates will deal with all summary
offences e.g. common assault and a few other way offences e.g. theft. They will also have a mode of trial where
the magistrates decide to send the case to the crown court as it maybe complex. Differently juries only hear 1%
of all criminal cases, they will only hear criminal cases and they never hear civil cases. Juries may sometimes
M1- compare and contrast the role and function of judges, lawyers and lay
people within the English courts
In this report, I will be talking about lay magistrates and juries, I will also talk about solicitors and barristers and
lastly, I will talk about court of first instance judges and appeal court judges. I will discuss the differences and
similarities of the juries and lay people which sit in the magistrate’s court.
Lay People
Similarities
The similarities between lay magistrates and the jury is that they both aren’t legally qualified. The magistrates
are not paid, they are volunteers which wish to give up their own time. However, the magistrates will need to
undergo training if they would like to sit in the youth or family court. The lay magistrates are interviewed and
there are 6 attributes which the judges try to look for they are, they need to have commitment, good character,
understanding and communication, social awareness, mature and they need to have sound temperament. The
juries are not legally qualified and any member of the jury will not be paid for being a jury however the people
which work can claim for money if they had any costs while they were travelling to the court to be a jury. They
can also ask to get any money for work which they may have missed while being a jury. The jury are not trained
what so ever, the jury are presented to watch a video about being a member of the jury. Juries are selected from
the electoral register and the jury need to be 18 – 65 years old. Another similarity is the people which the jury
and the lay magistrates listen to. They need to listen to evidence provided by the prosecution and the evidence
provided by the defence. They also need to closely listen to witnesses when they are questioned and when they
are being cross examined. They both listen to the arguments which are made by the lawyers they do this by
listening to the facts of the case and to listen into where the evidence would settle in. to add on the jury also
listen to the judge when he will sum up the facts of the case. Another similarity is the people which can advise
both parties. The legally qualified clerk will advise the magistrates on the latest law but he cannot advise them
about the decisions to make. The legal clerk cannot tell the magistrates to say whether a person is guilty or not
guilty. The jury similarly can only be given facts of the latest law by the judge and the people in the court room.
They cannot tell the jury whether to find someone guilty or not guilty.
Differences
The differences between the lay magistrates and the juries are; the first difference is that there are 3 lay
magistrates which sit in a court, there are three people which 2 of the members are wings and the middle is
chairperson. The chairperson will also get the deciding vote. However, for juries there are 12 which sit in the
jury box, they will need to choose a leader in the deliberation room. The second difference is the sentencing
power, the lay magistrates can sentence 6 months and give an unlimited fine, but if two crimes are committed
then they can receive a one year sentence. Sometimes they could send the case to the crown court to sentence if
they believe they don’t have enough sentencing power. On the other hand, juries, don’t decide the sentencing of
a suspect. They are not given sentencing power, they can only decide the guilt. Then the judge will do the rest.
Another difference is whether they listen to appeals. The lay magistrates can listen to an appeal but only if they
sit with a crown court judge, they hear appeals which come from the magistrate’s court which are against
conviction or sentencing. Juries will not hear appeals. Another difference is the type of decision which both lay
people can make. The lay magistrates will decide on the guilt of the victim. The decision which they should
come too should be beyond all reasonable doubt. The decision which they make should be a unanimous
decision but if the decision isn’t reached the head chairperson will get the final vote. But before they make any
decision they weigh everything up, just like the evidence and the facts of the case. Alternatively, the juries will
also need to decide on the guilt and the decision must be a unanimous decision. The decision should also be
made beyond all reasonable doubt. If the jury cannot reach a unanimous decision, the judge will look for a
majority vote which should be 10 to 2. If that isn’t possible then it would be a hung jury, then a new jury must
be bought in. the jury will make their decision in the deliberation room. Lastly another difference is the type of
cases and which category of offences they listen too. The lay magistrates hear 95 % of all criminal cases. They
have limited civil power e.g. granting an alcohol license. The lay magistrates will deal with all summary
offences e.g. common assault and a few other way offences e.g. theft. They will also have a mode of trial where
the magistrates decide to send the case to the crown court as it maybe complex. Differently juries only hear 1%
of all criminal cases, they will only hear criminal cases and they never hear civil cases. Juries may sometimes
