Disadvantages of lay magistrates

Question 1

What are the 4 disadvantages of lay magistrates?

Answer 1

• Middle aged, middle class
• Prosecution bias
• Inconsistency in sentencing
• Reliance on the clerk

Question 2

What report showed that the disadvantage of lay magistrates being middle aged and middle class is true?

Answer 2

the report ‘The Judiciary in the Magistrates Courts’ 2000

Question 3

What % did the report ‘The Judiciary in the Magistrates Courts 2000’ find in % of lay magistrates were retired and from professional or managerial backgrounds?

Answer 3

40%

Question 4

What fact supports the disadvantage that lay magistrates have prosecution bias ?

Answer 4

there is a lower acquittal rate in Magistrates’ Courts than in the Crown Court

Question 5

What is a reason why the lay magistrates may have prosecution bias?

Answer 5

as they will see the same Crown Prosecution Service prosecutor or designated case worker frequently which could affect their judgement

Question 6

What figures from 2004 show that Magistrates in different areas pass very different sentences when discharging ?

Answer 6

36. 4% of defendants in Sunderland were discharged

9. 2% of defendants in Birmingham were discharged

Question 7

What figures from 2004 show that Magistrates in different areas pass very different sentences when giving custodial sentences?

Answer 7

7.2% of defendants in Newcastle have an immediate custodial sentences
32% of defendants in Hillingdon (West London) are given an immediate custodial sentence

Question 8

What do figures from 2010 show regarding the highest and lowest areas giving custodial sentences?

Answer 8

11. 1% in Bristol

0. 1% Dinefwr Magistrates’ Courts

Question 9

What was the % of community sentences given in Bristol and Dinefwr ?

Answer 9

Bristol - 32.2%

Dinefwr- 6.6%

Question 10

What do the overall figures from Bristol in 2010 show out of c5,500 were given a custodial sentence or a community sentence?

Answer 10

c650

c2,000

Question 11

What do the overall figures from Dinefwr in 2010 show out of c1,000 were given a custodial sentence or a community sentence?

Answer 11

custodial-1

community-79

Question 12

Why do figures from Bristol appear considerably high in comparison to Coventry for custodial sentences?

Answer 12

As in Bristol out of c5,500 630 were given a custodial sentence whereas in Coventry out of c7,000 offenders only 492 were given custodial sentences

Question 13

From figures of 2010 how many offenders were there in Bristol?

Answer 13

c5,500

Question 14

From figures of 2010 how many offenders were there in Dinefwr?

Answer 14

c1,000

Question 15

From figures form 2010 how many offenders from c7,000 were given a custodial sentence?

Answer 15

c500(6.8%)

Question 16

From figures from 2010 how many offenders were there in Coventry?

Answer 16

c7,000

Question 17

How does reliance on the clerk still not prevent inconsistencies in sentencing ?

Answer 17

as the clerk is not allowed to help the magistrates decide on a sentence