Lay Personnel are made up of the jury and magistrates. These are people who do not need to be qualified and are unpaid. Both positions make decisions due to their own view of the case and have to decide a serious outcome for it. Jury To be eligible for a position as a jury you have to be over the age of 18. Then the government picks randomly someone to become a jury for a case. There will be a letter in the post informing that person they have been chosen and they will have to participate in
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D1 In this essay I intend to evaluate the effectiveness of lay personnel and the advantages and the disadvantages of magistrates and jurors. Lay members (Magistrates) have legal advisers within points of law and live locally as they have to live close so that they know the area well. Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. Many magistrates are from a good gender balance; this can benefit them because
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Lay magistrates do not have to have any legal qualifications; with a few exceptions‚ anyone is eligible to serve as a magistrate and that includes blind people . However‚ the Lord Chancellor‚ who by section 10 Courts Act 2003 is responsible (on behalf and in the name of Her Majesty) for the appointment of magistrates (apart from those in Lancashire who are appointed by the Duchy of Lancaster )‚ will not permit the following to become lay justices: anyone outside the ranges of 18 to 65 years of age
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Assignment brief In 1956 Lord Devlin professed that juries are ‘the lamp that shows that freedom lives’. Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury‚ the alternatives available and any reforms that have been introduced or recommended. You are to produce an essay as follows Critically evaluate pros and cons the arguments for and against trial by jury Discuss any reforms that have been proposed or introduced and evaluate these reforms pros
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THE JURY SYSTEM THE NATURE AND COMPOSITION OF THE JURY The jury system of a trial is an essential element of the democratic process. It attempts to secure fairness in the justice system. Traditionally‚ the jury system has been viewed as a cornerstone of common law procedure. However‚ the use of the system of trial by jury is on the decline. Today‚ its use differs‚ depending on whether (a) it is a civil or criminal matter‚ and (b) in criminal matters‚ whether it is a summary or an indictable
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use of lay magistrates as England and Wales. Lay magistrates become formalised in the Justice of the Peace Act 1361‚ but the English legal system makes use of lay (non professional) magistrates since 1195. The reason of the use of lay magistrates lies in the notion of participatory democracy ‚ “judgement by one’s peers” . Throughout the years many have encountered in reforms‚ opinions and discussion regarding the role of judges within the system. Together with district judges‚ lay magistrates deal
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This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process. The role of a lay magistrate is one that is at the core of the legal system in England & Wales. They help maintain the foundation of the criminal justice system and deal with approximately 98% of all criminal matters. The sheer volume of cases
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and Laypeople: Magistrates in the Criminal Justice system No other Criminal Justice System in the world is as dependant on lay magistracy as Great Britain. Lay magistrates administer over 95% of all criminal cases to completion and though they deal with the more peripheral and minor cases‚ the sum of 30‚000 lay magistrates (aka Justices of the Peace) that exist in this country is a considerable amount compared to the 500 full time judges. It is worth noting that lay magistrates are not required
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Jury selection is laid down in the Juries Act 1994. While it is proven that there are reasonable alternatives to a jury trial and that there is no doubt that jury trial is both time consuming and expensive when compared with trial by magistrates or by a judge alone‚ however the right to a jury trial shall not be dismissed so lightly. The anti jury lobby deems the jury system unpopular the importance of which is considered only overrated. I will be critically analysing whether trial by jury should
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The jury system gives us many advantages in the role it plays in the court room‚ one of the many advantages is that it allows the jury to have a cross section of many different types of 12 people giving us an answer that is agreed amongst everyone. The way the jury system works is that as the jurors are summoned through the electoral roll‚ then will receive a questionnaire through the mail which will allow the final 12 jurors to be selected. Through this method‚ it allows a variety of different types
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