This is a summary note of Ac2.5, Discuss the use of lay people. These notes helped me receive an A* overall; friends and family who borrowed these notes have received high grades. It is quickly allied with titles and detailed explanations that are easy to understand. The notes were written through ...
- 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.
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