Top-Rated Free Essay

Compare and Contrast the Role of Lay Personell

Good Essays
Topics: Law, Judge, Jury, Lawyer
Compare and contrast the role of and function of judges, lawyers and lay people within the English courts

Lay people are individuals with no legal training from a variety of backgrounds which is said to be used to promote an equal society.
The role of Magistrates and Jurors are similar in ways of characteristics needed; for example both must be aged 18-70 and those who are in the police or have previous criminal convictions are ruled out. The selection process is however very different, the Lord Chancellor will appoint lay magistrates on behalf of the queen whereas jurors are selected by an electoral register for the area in which the court is situated and is done by a computer at the Central Summoning Bureau. Lay Magistrates are unpaid, part time volunteers whereas jurors are also unpaid but may be unwilling however failure to attend can result in prosecution or a fine. Magistrates can claim a small allowance and compensation for lost earnings. Both parties make their decision based on facts, such as guilt or innocence in trials whereby the difference is that Magistrates can sentence the defendant whereas jurors cannot. Both are used in the right for a ''trial by our peers'', ordinary people with experience of real life situations. Jurors will serve for a period of usually two weeks as apposed to Magistrates who will serve part time for different periods of time. Although lay magistrates and district judges do a very similar job there are many differences between how they work, their qualifications and employment. Lay magistrates, otherwise known as Justice of the Peace sit in magistrate's courts, generally in groups of three, whereas judges usually sit alone. 1999 there were 90, of whom about 20% were women, whereas there are an almost equal number of men and women magistrates, showing that judges are not a mirror image of trial by ones peers such as lay people. Judges are members of the professional judiciary who are legally qualified and salaried, working full time whereas the lay magistrate and jury are not paid and work part time/ a period of two weeks. Judges have practised for at least 7 years as a barrister or a solicitor. One way to become a solicitor is have 'A' levels and go onto a Law degree then do 1 year on a legal practice course, then do a 2 year training period. One way to be a barrister is to do a Law degree then become a member of an Inn court and dine at the Inn or attend weekend courses, then do a 1 year vocational training course before being called to the bar. No formal qualifications are required for a lay magistrate or jury, but they do need intelligence, common sense, integrity and the capacity to act fairly. Lay magistrates are appointed by the Lord Chancellor (on behalf of the Queen) on the recommendation of the 100 local advisory committee, judges are also appointed by the Lord Chancellor and are appointed from those who have held advocacy qualifications for seven years. Soliciters play a totally different role all together, they tend to work alongside a Legal executive with the Legal executive being the Solicitors assistants, they will deal with the more straight forward cases themselves such as preparing wills or leases and also have limited rights of audience in court, mainly making applications in the County court where cases are not defended.Barristers are the specialists of the court room. However once a barrister receives his/her certificate to practice they undertake a completely different life style. This life requires them to dress in dark black gowns and white woolen wigs whilst they advocate in courts such as the crown court. They also wear this "uniform" whilst they are in their chamber and when they are giving out legal advice on their specialist subject of higher law unlike lay people who do not require a uniform and soliciters must wear a smart suit. Soliciters will instruct a Barrister for their client, and unlike barristers will establish a compelling defence for the barrister to then stand up in court and argue it for the client. However both parties must have a comprehesive understanding of law and soliciters can also give Barristers law advice on cases of law. E.g. negligence, wills, conveyancing etc. Unlike lay people and soliciters practicing Barristers are usually self-employed but usually work from sets of chambers with approximately 20 members in order to share administration costs and a clerk. More recent access to Justice act gives solicitors the right to do advocacy so they can also appear in court as advocates but need to gain an advocacy certificate before they can do so, unlike barristers.

You May Also Find These Documents Helpful

  • Better Essays

    new woman. Men as the “breadwinners” have been replaced by “Ms. Independent.” The traditional male role has diminished as women fulfill bigger roles in society and exceed the expectations of their male counterparts in the household, workforce, and within social settings. We have abandoned old rules; no longer is it a “man’s world,” we now live in a shared world. Nowadays, there are no specific roles assigned to a male or a female within a household. Although some people feel that a woman can better…

    • 1103 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Compare and contrast the role and function of judges, lawyers and lay people within the English Courts Judges, lawyers and lay people all contribute to the English courts however the roles that each of them play are different. There are two types of lay people that have a role in the English Courts, solicitors and barristers. A solicitor’s main function is to perform all of the legal work outside the court however they work together with barristers whose main function is to defend the client in the…

    • 685 Words
    • 2 Pages
    Good Essays
  • Good Essays

    the role of lay people

    • 1576 Words
    • 7 Pages

    by participation. Build in assessments. This will allow you to check and monitor progress of delivery but also allow a check of knowledge. For P4 I’m going to write all about lay people in court. These include the jury and magistrates. I will explain their role/ purpose and all the qualifications needed for these roles. Jury; The jury is a body of people whose purpose is to render an impartial verdict on a…

    • 1576 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Compare and Contrast

    • 703 Words
    • 3 Pages

    Compare and Contrast The relationship between a father and son stems from an unspoken competition in many countries. Whether it is a physical or mental rivalry the superior role slowly transcends on to the son as he grows into a man. In Brad Manning's short story "Arm Wrestling With My Father," and Itabari Njeri's "When Morpheus Held Him," both contain admiring sons and impassive fathers. Despite both stories similarities in unspoken emotions they differ in the aspect of their physical relationships…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Compare and Contrast

    • 606 Words
    • 3 Pages

    5 Paragraph Essay Compare and Contrast { November 3, 2010 @ 12:43 pm } · { Uncategorized } There are several similarities that cats and dogs share, but at the same time they are very different. These two animals are two of the most popular pets today. Some people prefer the company of a cat, while others are considered dog lovers. Through the various aspects of each animal, we will look at the similarities and differences each one holds, and we can get a good insight as to why these animals…

    • 606 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Compare and Contrast

    • 788 Words
    • 4 Pages

    Compare and Contrast: Beach or Mountain Vacations Jennifer Burmester English 121 Alisa Moore October 3, 2010 Beach or Mountain Vacationing People take vacations all the time. There are many choices to choose from. I think that two of the most common places are either the beach or the mountains. Both places offer a ton of activities. The activities in the mountains cannot offer the same activities as the beach as well as the beach not offer the same as the mountain. There are…

    • 788 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Comparing and Contrasting Gender Roles and Marriage Elvin D. McCrary Jr. ENG125/AFG1303a Professor Makhanlall February 4, 2013 Comparing and Contrasting GENDER ROLES and MARRIAGE Literature is the universal language of life. No matter what language, literature reports life. When it comes to gender roles, literature has a variety of stories. Everyone has their own likes and favorite, I will explore two popular short stories. Men and women have debated gender roles for generations, causing divide…

    • 1098 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Compare and Contrast

    • 400 Words
    • 2 Pages

    Darren Lauredent Professor Schmidt Psych 204 November 12, 2014 Compare and Contrast Equit, M., Palmke, M., Becker, N., Moritz, A., Becker, S., & Gontard, A. (2013). Eating problems in young children – a population-based study. Acta Paediatrica, 102(2), 149-155. Doi:10.1111/apa.12078 Farley, T. A., & Dowell, D. (2014). Preventing childhood obesity: What are we doing right?. American Journal Of Public Health. 104(9), 1579-1583. doi:10.2105?AJPH.2014.302015 Nowadays, teens are getting so…

    • 400 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Compare and Contrast

    • 569 Words
    • 3 Pages

    COMPARE AND CONTRAST Russell St.John Ashford University English Composition I 121 Dr. Pamela Klem November 25, 2011 Hybrid/Electric Cars vs. Gas Powered Cars There are many makes and models of vehicles on the market that claim to be both environmental friendly and cost effective. The American automotive industry along with their foreign counterparts has provided the consumers with affordable vehicles. It is estimated that alternative vehicles will make up less than 10 percent…

    • 569 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Compare and Contrast

    • 732 Words
    • 3 Pages

    Running Head: My Best Friends Compare and Contrast Essay Compare and Contrast essay People of the world all have different personalities, but some are similar in nature. Not only do your actions reveal a lot about you, but your friends reveal just as much. I know that different aspects of my personality are more dominant with certain people. Two of my best friends Steven and Shelby, are very different from each other, although the both have sparkling personalities, they are both different…

    • 732 Words
    • 3 Pages
    Better Essays