Magistrates - Advantages and disadvantages

Question 1

Advantage 1 - Cross section of society

Answer 1

Cross section of society as 3 Magistrates sit on the bench which ensures a range of views. The bench is balanced in terms of gender, age, ethnicity and occupation. Finally, Magistrates are aware of local issues and patterns of crime as they live in the local area.

E.g. - 50% female Magistrates

• 50% female judges
• 7% ethnic minority Magistrates
• 2% ethnic minority Judges

Question 2

Advantage 2 - Cost

Answer 2

Cost as Magistrates’ trial is cheaper than a Crown court trial. Also, Magistrates are not salaried, only expenses are paid so this is cheaper for the tax payer and cheaper for D in case they have to pay the costs.

E.g. - Magistrates: £1500 per trial, £500 with guilty plea

• Crown: £13, 500 per trial, £2,500 with guilty plea
• Replacement with Judges: £100 million per year.

Question 3

Advantage 3 -Few appeals

Answer 3

Few appeals as Magistrates decisions are less likely to be appealed than the Crown court which suggests Magistrates are making correct decisions and administering law correctly which might be surprising as they are not legally qualified.

E.g 2 million cases per year - only 10 - 12,000 appeals against conviction or sentence

• Less than half of these are successful
• Very few case stated appeals - in 2008 there were only 72.

Question 4

Disadvantage 1 - Middle aged/class

Answer 4

Middle aged/class meaning most Magistrates are from the middle class and are in their 50s and 60s which implies there may be a lack of understanding of D’s problems/ often dealing with young offenders and there may be resentment/ lack of respect for D.

E.g. -40 % Magistrates are retired
- Majority from a professional background.

Question 5

Disadvantage 2 - Inconsistency

Answer 5

Inconsistency in sentencing meaning Magistrates in different areas of the country sentence Ds differently for similar offence which suggests a lack of systematic fairness and equality.

E.g. 2001 Government White Paper “Justice for all”
- Those jailed for driving whilst disqualified: 21% in Neath Port Talbot and 77% in North Essex.

Question 6

Disadvantage 3 - Over reliance

Answer 6

Over reliance on court clerk because Magistrates are not legally qualified, so some rely heavily on court clerk to reach verdict. The court clerk must not play a part in a verdict.

E.g. R v Eccles Justices ex parte Farrelly