Unit 1 P2- The role of lay people Muhammed Awais
Serena Masons & Co LTD
40 High town Road London
SW1A 2AA
Bedfordshire
LU2 0JQ
Dear Mrs Serena,
I am writing to you in reply of your previous enquiry to our law firm. Thank you for
contacting our law firm we’ll do our best to assist you in this trouble you have been having.
Role of lay magistrates –
The term lay magistrate’s means that the judges who sit in the magistrate’s court are not educated or specialists
in law. The lay magistrates work for free, however some law firms may give a pay. They are expected to work
13 days in a year which will equal working once a month. 95% of all criminal cases will start at the magistrate’s
court. They sit as a bench of 3 magistrates, one chairman and two wingmen. The role of the lay magistrates is
too review a case and decide the verdict. They will need to prove prosecution beyond all reasonable doubt. That
is the proof in all criminal cases. If the case hasn’t been made out then the magistrates can acquit the case. If
they fail to prove on all reasonable doubt. If the magistrates cannot decide together after a vote, then the
chairperson will have the final say. They should try to reach a unanimous decision. To be a magistrate you don’t
need qualifications but you need 6 qualities which the Lord Chancellor has set. The six qualities are good
character, good level of understanding and communication, social awareness, mature of sound temperament,
have sound judgement and commitment and reliability. The skills are tested in the interview before they become
a magistrate. Magistrates will hear all summary cases such as driving without insurance and common assault.
They hear some either way offences such as theft and ABH S.47. The magistrates can refer a case to the crown
court if they believe that the crime is too serious for them to deal with or if the defendant has an election and
wants to be judged at crown court. They may also give the case to the crown court for sentencing as the
magistrates may not have enough sentencing power. The magistrates also hear preliminary cases such as bail,
search warrants and legal aid. A clerk normally advises them when they have to make decisions and the clerk
will help them by explaining certain laws. The lay magistrates have to decide on a case by themselves they
cannot request or get help from the clerk. The lay magistrates will need to decide after the prosecution and
defence has delivered its evidence. They will need to make decisions which are on all reasonable doubt. Two
magistrates will sit in the crown court when there are appeals from the magistrates court, they will sit alongside
a professional judge. After 2 years of being a lay magistrate they are able to be magistrate in the youth court and
the family court. The last job for the magistrates is to decide the sentence and the sentence must be in their
power. The legal advisor will tell the magistrates of the latest policies and guidelines about sentencing. The lay
magistrates can give an unlimited fine and only 6 months imprisonment. But if two crimes are committed then
they could give 12 months.
Role of Juries-
The jury system has been in English system for over 1000 years. This is an old ritual which is followed. It was a
demand which was in the Magna Carta 1215, this is still followed in the English system even though there are
few cases which are tried by a jury. The main acts which protect the juries is the juries act 1974 and criminal
justice act 2003. Juries will only sit in the crown court and they will only decide 1% of criminal cases. The 1%
which they decide amounts for only 30,000 trials thus, shows that most criminal cases are heard in the
magistrates’ court. But of course, it is only the serious cases which go towards the crown court. Anyone could
be appointed to represent the jury, it is a completely random choice the people are chosen form the electoral
register. You will need to be 18 years or older to become a jury. But there are some people who cannot be part
of the jury these are people who have community service, people on bail and lastly if someone is in prison for 5
years they will need to wait 10 years until they can represent the jury but if there sentence is over 5 year then
they can never take part. You will need to bring the summons to the court in the day which you are appointed
Serena Masons & Co LTD
40 High town Road London
SW1A 2AA
Bedfordshire
LU2 0JQ
Dear Mrs Serena,
I am writing to you in reply of your previous enquiry to our law firm. Thank you for
contacting our law firm we’ll do our best to assist you in this trouble you have been having.
Role of lay magistrates –
The term lay magistrate’s means that the judges who sit in the magistrate’s court are not educated or specialists
in law. The lay magistrates work for free, however some law firms may give a pay. They are expected to work
13 days in a year which will equal working once a month. 95% of all criminal cases will start at the magistrate’s
court. They sit as a bench of 3 magistrates, one chairman and two wingmen. The role of the lay magistrates is
too review a case and decide the verdict. They will need to prove prosecution beyond all reasonable doubt. That
is the proof in all criminal cases. If the case hasn’t been made out then the magistrates can acquit the case. If
they fail to prove on all reasonable doubt. If the magistrates cannot decide together after a vote, then the
chairperson will have the final say. They should try to reach a unanimous decision. To be a magistrate you don’t
need qualifications but you need 6 qualities which the Lord Chancellor has set. The six qualities are good
character, good level of understanding and communication, social awareness, mature of sound temperament,
have sound judgement and commitment and reliability. The skills are tested in the interview before they become
a magistrate. Magistrates will hear all summary cases such as driving without insurance and common assault.
They hear some either way offences such as theft and ABH S.47. The magistrates can refer a case to the crown
court if they believe that the crime is too serious for them to deal with or if the defendant has an election and
wants to be judged at crown court. They may also give the case to the crown court for sentencing as the
magistrates may not have enough sentencing power. The magistrates also hear preliminary cases such as bail,
search warrants and legal aid. A clerk normally advises them when they have to make decisions and the clerk
will help them by explaining certain laws. The lay magistrates have to decide on a case by themselves they
cannot request or get help from the clerk. The lay magistrates will need to decide after the prosecution and
defence has delivered its evidence. They will need to make decisions which are on all reasonable doubt. Two
magistrates will sit in the crown court when there are appeals from the magistrates court, they will sit alongside
a professional judge. After 2 years of being a lay magistrate they are able to be magistrate in the youth court and
the family court. The last job for the magistrates is to decide the sentence and the sentence must be in their
power. The legal advisor will tell the magistrates of the latest policies and guidelines about sentencing. The lay
magistrates can give an unlimited fine and only 6 months imprisonment. But if two crimes are committed then
they could give 12 months.
Role of Juries-
The jury system has been in English system for over 1000 years. This is an old ritual which is followed. It was a
demand which was in the Magna Carta 1215, this is still followed in the English system even though there are
few cases which are tried by a jury. The main acts which protect the juries is the juries act 1974 and criminal
justice act 2003. Juries will only sit in the crown court and they will only decide 1% of criminal cases. The 1%
which they decide amounts for only 30,000 trials thus, shows that most criminal cases are heard in the
magistrates’ court. But of course, it is only the serious cases which go towards the crown court. Anyone could
be appointed to represent the jury, it is a completely random choice the people are chosen form the electoral
register. You will need to be 18 years or older to become a jury. But there are some people who cannot be part
of the jury these are people who have community service, people on bail and lastly if someone is in prison for 5
years they will need to wait 10 years until they can represent the jury but if there sentence is over 5 year then
they can never take part. You will need to bring the summons to the court in the day which you are appointed
