Role of lay people in the criminal courts

Question 1

Who are lay people?

Answer 1

Legally unqualified persons in the criminal justice system

Question 2

Who are the two main types of lay people?

Answer 2

Magistrates - part-time, unsalaried judges

Juries - drawn from the electorate

Question 3

What is the role of magistrates?

Answer 3

Sit in benches of three
Try summary and relevant either-way offences
Sentence
Carry out preliminary hearings for indictable offences
Issue bench warrants
Sit in Crown Court to hear appeals from Magistrates

Question 4

What is the role of juries?

Answer 4

Sit in Crown Court as panel of 12
Decide verdict of defendant
Decide facts of the case- judge aids on points of law
Independent without fear of pressure to convict- Bushell’s case
Allowed majority vote

Question 5

Bushells Case

Answer 5

Imprisoned jury because the Judge didn’t like the judgement

Question 6

What are 4 advantages of using juries?

Answer 6

Public confidence instilled
Open system of justice
Privacy of decision-making process
Neutrality

Question 7

What are 4 disadvantages of using juries

Answer 7

Slow and expensive
Unpopular - people don’t like doing it
Outside influence- R v Twomey
Lack of Neutrality - unlikely prejudice cancelled out