Magistares Adv/Dis

Question 1

Advantage magistrates represent society

Answer 1

Cause: This is for 2 main reasons: firstly, a bench of 3 Lay Mags decide each case. Secondly each bench is balanced (as far as it can be) regarding gender, age, ethnicity, occupation etc. Furthermore, Mags live in local area so has an awareness of local issues.

Example: 2016 data from Judicial Diversity Statistics 53% of mags are Female compared to 28% for judges
More magistrates come from ethnic minorities (11% mags to 6% judges)

Consequences: This should ensure a range of views in any case (3 different people) and give defendants and the public confinement in the Magistracy.

Question 2

Issue: Magistrates are cheap

Answer 2

Cause: Mags are volunteers so they do not get paid a salary like judges

Example: on average trail in Mag four is £1500 and only £500 for guilty plea compared to crown court being £13,500 and £2500 for guilty plea

Would coat 100m a year to replace mags with judges

Consequence: using mags saves the legal system and tax payers money: they deal with 97% of criminal cases so the legal system plus not function without them

Question 3

Issue: not truly represent society

Answer 3

Cause: Mags as a whole are not particularly representative is society, especially with age and socioeconomic background; most are Middle Ages and middle class

Example: 2016 Judicial Diversity Statistics - 80% of mags are older than 50 only 1% are under 30
89% are white compared to 86% UK population
Majority from a professional background

Consequence/ lack of representation means mags have little in common with defendants they deal with so is it fair ?

Question 4

Issue: inconstancy in sentencing

Answer 4

Cause: Mags in different areas of the country sentence defendants different for the same/similar offences despite having guidelines

Example: 2010 statistics from Ministry of Justice
Courts in Bexley imposed a custodial sentence only 1.5% of cases whereas Peterborough was 11%

Courts in New forest imposed community sentences for 5.8% of cases whereas SE Hampshire did 29%

Sentencing becomes a postcode lottery based on where D lives and not the actual crime