Lay Magistrates- Ad & Dis Flashcards
1
Q
Advantage 1
A
-Represents a cross-section of society
-Cause: firstly a bench of 3 Mags decide each case and secondly each bench is balanced so have awareness of local issues.
-Example: 2016 data from Judicial Diversity statistics
53% women Magistrates compared to 23% judges
More magistrates come from ethnic minorities (11% mag, 6% judges)
-Consequence: ensures a wide range of view in any case and fair trial
2
Q
Advantage 2
A
- Cheap
- Cause: Magistrates are volunteers
- Example: on average a trial costs £1500 and only £500 with guilty plea, crown court trial costs £1350-2500. To replace Magistrates with judges would cost millions
- Consequence: saves taxpayers money
3
Q
Advantage 3
A
- Few appeals
- Cause: suggest Magistrates have correct ideas
- Example: Mags hear nearly 2m cases a year but only 5-6000 appeals against conviction and sentence
- Consequence: making correct decisions despite not being legally correct.
4
Q
Disadvantage 1
A
- Unrepresentative make-up
- Cause: not particularly representative of society mostly middle aged/class
- Example: 2016 data Judicial Diversity statistics say 80% over 50, 89% white and majority from a professional background.
- Consequence: Magistrates may have little in common with D = unfair trial
5
Q
Disadvantage 2
A
-Inconsistent decisions
-Cause: magistrates in different areas sentence differently
-Example: 2010 statistics Ministry of Justice
15% Bedley, 11% Petersborough - Custodial Sentence
5.8% New Forest, 29% SE Hamp - Community Sentence
-Consequence: unfair and sentence depends on location
6
Q
Disadvantage 3
A
- Relying on Court Clerk
- Cause: not legally trained and have to take advice
- Example: R v Eccles Justices ex Parte Farrelly - Mags asked legal advisor to retire with them to consider the verdict
- Consequence: this can lead to a loss of confidence and trust in Magistrates and their decisions and in some cases to Mags decisions being challenged on appeal.
