Courtney Lowes
Unit 23
D1
Magistrates
Advantages:
- It is less costly then if you were paying a professional judge
- Would be a more balanced view
- Lay involvement – more in the local area
- Fewer appeals in the magistrates court
Disadvantages:
- There is inconsistency between benches so sentences could pass for offences which are the
same or similar
- Magistrates could be biased to the police as they would often be used as witnesses
- Sentences are becoming more complex and could be dealt with by downgrading
Alternatives to magistrates
An alternative could be that you could have two magistrates on a panel instead of three and a judge
there instead. By doing this it would mean that the judge would have legal training and would be
more qualified on the law so they could therefore help to guide the magistrates and better the
decision process about the case on hand. Judges are also allowed to give a longer sentence so it
would be beneficial for when this would need to be applied.
Effectiveness of magistrates within the English legal system
Magistrates provide very effective in court as they are there to listen to all of the evidence, they
make the decision on if the defendant is guilty or not and then sentence.
They work on the less serious cases which are beneficial as it means there is more time in the higher
courts to deal with more serious cases.
Juries
Advantages:
- Public participation is in the court so it means that there are people with a different look on
the case
- They reach their decisions on fairness and not by the law and rules
- 12 people means there is a more fair decision
- Would have a non biased view about the case
- They are random selected so they represent the wider society
Disadvantages:
- Not legally trained so may not understand the case on hand
Unit 23
D1
Magistrates
Advantages:
- It is less costly then if you were paying a professional judge
- Would be a more balanced view
- Lay involvement – more in the local area
- Fewer appeals in the magistrates court
Disadvantages:
- There is inconsistency between benches so sentences could pass for offences which are the
same or similar
- Magistrates could be biased to the police as they would often be used as witnesses
- Sentences are becoming more complex and could be dealt with by downgrading
Alternatives to magistrates
An alternative could be that you could have two magistrates on a panel instead of three and a judge
there instead. By doing this it would mean that the judge would have legal training and would be
more qualified on the law so they could therefore help to guide the magistrates and better the
decision process about the case on hand. Judges are also allowed to give a longer sentence so it
would be beneficial for when this would need to be applied.
Effectiveness of magistrates within the English legal system
Magistrates provide very effective in court as they are there to listen to all of the evidence, they
make the decision on if the defendant is guilty or not and then sentence.
They work on the less serious cases which are beneficial as it means there is more time in the higher
courts to deal with more serious cases.
Juries
Advantages:
- Public participation is in the court so it means that there are people with a different look on
the case
- They reach their decisions on fairness and not by the law and rules
- 12 people means there is a more fair decision
- Would have a non biased view about the case
- They are random selected so they represent the wider society
Disadvantages:
- Not legally trained so may not understand the case on hand
