AC2.5
Discuss the use of Laypeople in Criminal Cases
Laypeople are magistrates and juries who have no formal training but are apart of the criminal justice system.
Magistrates sit in a Magistrates Court and deal with summary offences and sometimes triable-either way offences.
They are unqualified and unpaid volunteered judges. They must sit for a minimum 26 times per year. As they have
no legal knowledge, they receive training and support from a legal clerk who ensures they stick to all rules and give
out lenient sentences/fines. However, they have to be between the ages of 18-65. In a Magistrates Court, there are
3 Magistrates – this gives it a more balanced view. Magistrates need to be reliable, responsible and open and fair
minded when given cases.
People who have been found guilty of serious crimes (or a number of minor offences), declared with bankruptcy,
banned from driving in the last 5-10 years or work in a job with conflict of interest (e.g. police officer) cannot be
appointed to become a Magistrate.
As they are unpaid and volunteers from the public, this is a cheaper way of handling court procedures – this is an
advantage to the justice system as it saves money. As they are not formally trained, they are more available than
judges – this is due to judges having to go through a lot of studying in order to become one. With most cases going
through magistrates court, magistrates hear approximately 95% of all criminal cases. This suggests their sentencing is
effective and honest as there are very few appeals from their decision.
However, a large issues with Magistrates is their inconsistency. Defendants who have been committed with the
same crime in two different parts of the UK would get a different sentence/fine or one may not be given a sentence
at all – this can also go towards short prison sentencing on a crime that requires a certain amount of years
imprisonment. This is a limitation and an issue as the defendant may feel like they have suffered a miscarriage of
justice. Some Magistrates have been accused of being biased against defendants due to their age or ethnicity. As
they see cases regularly, this can affect their decision making and may be more favourable to defendants who have a
higher class, or are middle aged etc.
Juries listen to criminal cases and are present during court procedures. They are in charge of determining the
defendants verdict.
The eligibility to become a jury is found under the Jury Act 1974 and the Criminal Justice Act 2003, where lawyers,
police officers etc can become jurors. They must be between 18-75 years old for selection, and this is done randomly
by a computer. To be selected, they must also have residency of 5+ years in the UK, and no recent criminal
convictions.
Juries are legally required to attend court – however this can be excused under medical or other grounds, such as a
holiday if paid or, or a surgery. Jury Vetting is done by the Crown Court where they do background checks of
potential jurors. For jurors to take an oath, it must be challenged.
The contempt of the court is designed to protect the rule of law – this ensures that there are fair trials and these are
avoided by the media. The Crown Court takes control of this, and if there is a breach, a maximum of 2 years
imprisonment will be given to potential jurors.
Juries are allowed to uphold the right of a fair trial and impartiality – this is so jurors cannot be connected to the
case, and jury equity is brought into it. As there are 12 people on every jury, it means no individual is responsible for
the verdict – this allows a more thorough examination of the evidence and its case and can come to a fair verdict.
Having 12 jurors reduces bias/prejudice verdicts – this allows it to be safe. The right to be tried by our peers is
popular with the public, giving it a democratic right and becoming a key part of court history.
Often, trials can go on for a long time which has a great impact on the jury. As the jury take time off work and other
responsibilities to be present, the court must pay the jury’s wages and cover costs that they are losing by being in
