Advantages of lay magistrates

Question 1

What are the 5 advantages of lay magistrates?

Answer 1

1. Cross section of society
2. Local knowledge
3. Cost
4. Legal adviser
5. Few appeals

Question 2

What had a former Lord Chancellor said about the diversity of the magistracy?

Answer 2

“Magistrates come from a wide range of backgrounds and occupations”

Question 3

What % of District Judges are women?

Answer 3

25%

Question 4

What % of Magistrates are women as found from a 2012 figure?

Answer 4

51.3%

Question 5

What % of District Judges are from ethnic minority backgrounds ?

Answer 5

4%

Question 6

What % of magistrates are from ethnic minority backgrounds?

Answer 6

8%

Question 7

What was the previous requirement for lay magistrates to have lived in respect to their area covered by the commission?

Answer 7

had to live within 15 miles

Question 8

Why did Magistrates previously have to live within 15 miles of the area covered by the commission?

Answer 8

so that they would have local knowledge of particular problems in the area

Question 9

What power said that there was no longer a formal requirement that magistrates should live in or near the area in which they sit as a magistrate?

Answer 9

the Courts Act 2003

Question 10

Although the Courts Act 2003 has stated that there is no formal requirement that magistrates should live in or near the area in which they sit, what is normally the case?

Answer 10

normally magistrates will sit in the local justice area in which they reside

Question 11

What is the instance in which a magistrate will want to sit in a place where they do not live?

Answer 11

if they work in that area

Question 12

Why is it thought that even though magistrates live or work in the relevant justice area that they still do not have sufficient local knowledge of the problems in poorer areas?

Answer 12

as most magistrates come from professional and managerial classes who live in better areas

Question 13

What are magistrates main value in terms of local knowledge in comparison to judges?

Answer 13

more awareness of local events, local patterns of crime and local opinions that a professional judge from another area wouldn’t have

Question 14

What do magistrates have more awareness for from local knowledge (3)?

Answer 14

• local events
• local patterns of crime
• local opinions

Question 15

How many Magistrates Courts’ have been closed in the last 10 years?

Answer 15

150

Question 16

What problems have occurred due to the closure of 150 Magistrates Court in the last 10 years? (2)

Answer 16

problems of access and attendance

Question 17

How has the closure of 150 Magistrates Courts in the last 10 years caused problems of access and attendance?

Answer 17

as in some areas people have long journeys to their ‘local’ court

Question 18

What effect has the closure of 150 Magistrates Courts in the last 10 years had on magistrates?

Answer 18

their local knowledge is being lost

Question 19

How many extra District Judges would be needed to replace all lay magistrates?

Answer 19

1,000

Question 20

What would be a disadvantage of acquiring an extra 1,000 District Judges to replace all lay magistrates?

Answer 20

it would be expensive as magistrates are unpaid

Question 21

What would be a difficulty of recruiting an extra 1,000 District judges to replace all magistrates?

Answer 21

difficult to recruit sufficient qualified lawyers

Question 22

What is an advantage of having a trial at the Magistrates Court as opposed to the Crown Court in regards to cost?

Answer 22

Crown Court trials cost both the Government and defendants who pay for their own lawyer much more than a trial at the Magistrates Court

Question 23

From what year have all Magistrates clerks had to be qualified barristers or solicitors?

Answer 23

from 1999

Question 24

What brings a higher level of legal skill to the Magistrates Court? (2)

Answer 24

• The clerk

- the Legal Advisor

Question 25

What is the advantage of having a legal adviser?

Answer 25

the magistrates have access to necessary legal advice on points that may arise in the case

Question 26

How do legal advisors combat the criticism that magistrates are not legally trained?

Answer 26

as legal advisors give magistrates legal advice on points of law that may arise in the case

Question 27

How has the training of lay magistrates been improving?

Answer 27

through the role of the Judicial Studies Board

Question 28

How is it an advantage that there are few appeals against the magistrates decision?

Answer 28

as this proves they are sufficiently trained to hear cases

Question 29

What are appeals against the magistrates decision usually over?

Answer 29

over the sentence not against the finding go guilt

Question 30

In 2011 how many appeals were made to the Crown Court from the Magistrates Court as found from the Judicial Statistics Annual Report ?

Answer 30

c13,000

Question 31

What report in 2011 found that there was c13,000 appeals made to the Crown Court from the Magistrates Court

Answer 31

report from the Judicial Statistics Annual Report

Question 32

out of the 13,000 appeals made to the CC from the MC, how many were allowed?

Answer 32

less than half

Question 33

How many defendants do the MC deal with a year?

Answer 33

c1.5million

Question 34

What shows the fact that there are few instances where an error of law has been made?

Answer 34

in 2011 there were only 79 appeals by way of case

Question 35

In 2011 how many appeals were made to the Queen’s Bench Division on the grounds of an error in law?

Answer 35

79 appeals

Question 36

Out of the 79 appeals made to the Queen’s bench Division on the grounds of an error in law how many were allowed?

Answer 36

less than half