Unit 1 – D1 – Mini-plan
Unit 1 - D1: Evaluate the effectiveness of lay personnel in the English courts
In this assignment I’m going to evaluate the effectiveness of the lay personnel, the District judges and
the Juries as well as including several reforms which could be beneficial for the legal system.
Furthermore I have explained their role with considering their advantages and disadvantages and what
are the possible way of improving their effectiveness.
The role and effectiveness of Magistrates in the English courts
First of all there are some myths regarding lay Magistrates in which some people believe they can be too
soft and lenient towards the defendant, however some believe that they are extremely sadistic and
consider harsh punishments to the lower orders. More importantly solicitors are aware that district
judges are more likely to resolve an issue by considering the law and their experience. On the other
hand solicitors might get a bit worried towards the procedure as trained volunteers do not have the
expert knowledge especially in cases where law gets complicated and there must be a professional who
can ascertain to make a fair decision.
Additionally there are 30,000 citizen volunteer who approximately deal with 90 per cent of all criminal
cases; the essential point to consider here is that the lay magistrates do not get paid in which
significantly reduces the costs of the government. Moreover the important reason behind this is
because government tends to focus on more significant criminal cases that go to the Crown Court for
prosecution in which also illustrate how the government manages the funding throughout the English
legal system as they reduces the costs of Magistrates and other civil courts in order to be able to deal
with more serious crimes which often requires legal representation which costs a fortune.
Furthermore being able to distinguish between lay Magistrates and district judges and describe how
each is appointed does not change the roles they play in the court as they both required to make a fair
decision upon of the evidence that has been given to the court as well as the law that applies to such
circumstance. Moreover lay Magistrates who are also known as Justice of the peace sit in the court
within a group of three whereas district judges typically sit solitary.
Magistrates sometimes have a legal advisor who is also known as the clerk who has the duty to guide
them if required whereas District Judges do not have any type of advisors. Furthermore District Judges
who also work in Magistrates are not the lay people but are professional lawyers who hear cases before
the actual court day .However Magistrates do not require having any qualifications in law; in contrast
they must have a good character as well as being someone who is trustworthy and has social awareness.
More importantly lay Magistrates must have some “judicial” qualities that enable them to make a fair
judgement as well as being able to work with a group of people in order to make the fairest possible
decision. Moreover lay Magistrates have to have some certain qualities in which their age in relation to
their experience plays the most important aspect. The law indicates that they must have age between
18 and 65. However the statistics demonstrate the fact that only 4 per cent of lay Magistrates are under
the age of 40. On the other hand District Judges who previously were known as stipendiary magistrates
in which they are only considered to hear cases in London or other urban areas such as Birmingham,
Manchester and Liverpool. More importantly they have to have five years of qualification which
essentially means that they must have been qualifies as a solicitor or a barrister and acquired adequate
experience within the legal system or had worked as a Deputy District judge.
1
Unit 1 - D1: Evaluate the effectiveness of lay personnel in the English courts
In this assignment I’m going to evaluate the effectiveness of the lay personnel, the District judges and
the Juries as well as including several reforms which could be beneficial for the legal system.
Furthermore I have explained their role with considering their advantages and disadvantages and what
are the possible way of improving their effectiveness.
The role and effectiveness of Magistrates in the English courts
First of all there are some myths regarding lay Magistrates in which some people believe they can be too
soft and lenient towards the defendant, however some believe that they are extremely sadistic and
consider harsh punishments to the lower orders. More importantly solicitors are aware that district
judges are more likely to resolve an issue by considering the law and their experience. On the other
hand solicitors might get a bit worried towards the procedure as trained volunteers do not have the
expert knowledge especially in cases where law gets complicated and there must be a professional who
can ascertain to make a fair decision.
Additionally there are 30,000 citizen volunteer who approximately deal with 90 per cent of all criminal
cases; the essential point to consider here is that the lay magistrates do not get paid in which
significantly reduces the costs of the government. Moreover the important reason behind this is
because government tends to focus on more significant criminal cases that go to the Crown Court for
prosecution in which also illustrate how the government manages the funding throughout the English
legal system as they reduces the costs of Magistrates and other civil courts in order to be able to deal
with more serious crimes which often requires legal representation which costs a fortune.
Furthermore being able to distinguish between lay Magistrates and district judges and describe how
each is appointed does not change the roles they play in the court as they both required to make a fair
decision upon of the evidence that has been given to the court as well as the law that applies to such
circumstance. Moreover lay Magistrates who are also known as Justice of the peace sit in the court
within a group of three whereas district judges typically sit solitary.
Magistrates sometimes have a legal advisor who is also known as the clerk who has the duty to guide
them if required whereas District Judges do not have any type of advisors. Furthermore District Judges
who also work in Magistrates are not the lay people but are professional lawyers who hear cases before
the actual court day .However Magistrates do not require having any qualifications in law; in contrast
they must have a good character as well as being someone who is trustworthy and has social awareness.
More importantly lay Magistrates must have some “judicial” qualities that enable them to make a fair
judgement as well as being able to work with a group of people in order to make the fairest possible
decision. Moreover lay Magistrates have to have some certain qualities in which their age in relation to
their experience plays the most important aspect. The law indicates that they must have age between
18 and 65. However the statistics demonstrate the fact that only 4 per cent of lay Magistrates are under
the age of 40. On the other hand District Judges who previously were known as stipendiary magistrates
in which they are only considered to hear cases in London or other urban areas such as Birmingham,
Manchester and Liverpool. More importantly they have to have five years of qualification which
essentially means that they must have been qualifies as a solicitor or a barrister and acquired adequate
experience within the legal system or had worked as a Deputy District judge.
1
