AC2.5
Discuss the use of lay people
Lay magistrates
- Also known as Justices of the Peace
- No qualifications needed, little training
- 17,000 magistrates in England and Wales
- You have to be 18-65, voluntary job
- You can’t be a magistrate if you have the following: driving offences, major crime offences,
declared bankrupt or other offences
They have six key qualities:
- Good Character - to respect and trust for others
- Understanding and Communication - ability to understand documentations and to follow the
evidence and arguments.
- Social Awareness - Understanding and respecting the communities’ beliefs
- Maturity and Sound Temperament - Qualities of maturity, humanity but also be firm and
decisive when required.
- Sound Judgement - Common sense and be able to think logically.
- Commitment and Reliability - The Magistrates need to undertake at least 26 half day sitting a
year.
Powers of sentencing:
- Up to 6 months or up to 12 months in total for more than one offence
- Fine is unlimited
- Community service
Types of cases:
- Lay Magistrates deal with all the less serious crimes that are committed such as motoring
offences, criminal damage cases under £5000, theft or higher value damage cases however
these cases can be dealt at Magistrates.
- Lay Magistrates are also specially trained to deal with Youth court cases for defendants
under the age of 18.
Strengths:
- Instill confidence of the criminal justice system as being fair in the eyes of the public
- Cost - as magistrates are volunteers they are a low cost to the legal system compared to
district judges
- As they are from the local area, they have local knowledge and know the interests of the
area.
- Objectivity - ensures decisions are fair
- Availability of judges - there aren’t enough judges to fill the role of what magistrates do.
Discuss the use of lay people
Lay magistrates
- Also known as Justices of the Peace
- No qualifications needed, little training
- 17,000 magistrates in England and Wales
- You have to be 18-65, voluntary job
- You can’t be a magistrate if you have the following: driving offences, major crime offences,
declared bankrupt or other offences
They have six key qualities:
- Good Character - to respect and trust for others
- Understanding and Communication - ability to understand documentations and to follow the
evidence and arguments.
- Social Awareness - Understanding and respecting the communities’ beliefs
- Maturity and Sound Temperament - Qualities of maturity, humanity but also be firm and
decisive when required.
- Sound Judgement - Common sense and be able to think logically.
- Commitment and Reliability - The Magistrates need to undertake at least 26 half day sitting a
year.
Powers of sentencing:
- Up to 6 months or up to 12 months in total for more than one offence
- Fine is unlimited
- Community service
Types of cases:
- Lay Magistrates deal with all the less serious crimes that are committed such as motoring
offences, criminal damage cases under £5000, theft or higher value damage cases however
these cases can be dealt at Magistrates.
- Lay Magistrates are also specially trained to deal with Youth court cases for defendants
under the age of 18.
Strengths:
- Instill confidence of the criminal justice system as being fair in the eyes of the public
- Cost - as magistrates are volunteers they are a low cost to the legal system compared to
district judges
- As they are from the local area, they have local knowledge and know the interests of the
area.
- Objectivity - ensures decisions are fair
- Availability of judges - there aren’t enough judges to fill the role of what magistrates do.
