Lay People
LAY PEOPLE
Magistrates = lay magistrates
Volunteers - not legally qualified
sit in benches of three in Magistrates Court
Do not receive a salary but receive expenses
Required to do a minimum of 26 half-day sittings (13 days) per year
Hear 95% of all criminal cases (usually try summary offences) e.g., drunk driving,
traffic, environmental
Decide if someone is guilty/innocent
Have the power to impose a prison sentence of up to 6 months and fines
Hear some civil + family cases
2013 - Lord Chancellor was responsible for appointing Magistrates, but now appointed by
the Lord Chief Justice
Applicants must:
Be ages 18 - 65
Not have any serious criminal convictions
Not have been banned from driving in the past 5 - 10 years
Not been declared bankrupt
Not work in a conflicting job
Qualifications:
Apply to become magistrates either in response to advertisements or directly to the
secretary of a local advisory committee or to the department for constitutional
affairs
At least 2 interviews before the local advisory committee
ADVANTAGES DISADVANTAGES
Judged by non-professionals and are Lack of legal knowledge, training, and
independent from the government making it a qualifications.
fairer judgment.
Maybe biased towards or against the
Multiple lay people cancel out individual bias, prosecution.
this leads to fairness.
The make-up of the group of lay people may not
There are not enough judges for every trial so lay be a true representation of society.
people help to minimize the need for judges.
Undue influence on decision making if one of the
Lay people are not paid so it is highly cost- lay people has better knowledge of the justice
effective. system.
LAY PEOPLE
Magistrates = lay magistrates
Volunteers - not legally qualified
sit in benches of three in Magistrates Court
Do not receive a salary but receive expenses
Required to do a minimum of 26 half-day sittings (13 days) per year
Hear 95% of all criminal cases (usually try summary offences) e.g., drunk driving,
traffic, environmental
Decide if someone is guilty/innocent
Have the power to impose a prison sentence of up to 6 months and fines
Hear some civil + family cases
2013 - Lord Chancellor was responsible for appointing Magistrates, but now appointed by
the Lord Chief Justice
Applicants must:
Be ages 18 - 65
Not have any serious criminal convictions
Not have been banned from driving in the past 5 - 10 years
Not been declared bankrupt
Not work in a conflicting job
Qualifications:
Apply to become magistrates either in response to advertisements or directly to the
secretary of a local advisory committee or to the department for constitutional
affairs
At least 2 interviews before the local advisory committee
ADVANTAGES DISADVANTAGES
Judged by non-professionals and are Lack of legal knowledge, training, and
independent from the government making it a qualifications.
fairer judgment.
Maybe biased towards or against the
Multiple lay people cancel out individual bias, prosecution.
this leads to fairness.
The make-up of the group of lay people may not
There are not enough judges for every trial so lay be a true representation of society.
people help to minimize the need for judges.
Undue influence on decision making if one of the
Lay people are not paid so it is highly cost- lay people has better knowledge of the justice
effective. system.
