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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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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Explain the work of lay magistrates (10 marks) The work of lay magistrates includes hearing applications for bail (bail act 1976) and for legal aid. Magistrates also sit in benches of three and hear all summary offences and the majority of either-way offences as a court of first instance‚ that’s over 96% of all criminal cases. The majority of either-way offenders opt for a magistrates hearing as they hope for a shorter sentence because the magistrates sentencing powers are limited to 6 months
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Magistrate power to take cognizance of the offence After the stage of investigation is completed and the final report is forwarded by the police to competent magistrate‚ the second stage of fair trial begins that is taking of the cognizance of the offence by the magistrate. In this stage some of the necessary steps have to be take place. These steps are: - (i) to take cognizance of the offence‚ (ii) then the magistrate enquire that whether any prima facia case exist against the accused person
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MAGISTRATES COURT The Magistrates’ Courts have jurisdiction to hear both criminal and civil cases. Magistrates are entrusted with the job of regulating many aspects of social life‚ ranging from keeping the peace (hence the other term for magistrate – Justice of the Peace or JP) to dealing with those accused of breaking the criminal law. Civil A First Class Magistrate has the jurisdiction to hear all actions and suits of a civil nature where the amount in dispute or value of the subject matter does
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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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Lay people are local members of a community who are randomly selected to hear both criminal and civil court cases using the electoral voting register. They usually hear the majority of criminal cases. They have no knowledge or legal qualifications of the law‚ however there are some formal requirements needed to become a lay person. Lay magistrates and juries are required to; • Be between the ages of 18 to 65‚ • Have no criminal records • Not be a member of the armed forces. • be on the electoral
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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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John Winthrop was a religious Puritan leader‚ who led a large migration from England to America. Winthrop was a jack of all trades hence the title Mark W. Crilly selected; Magistrate‚ Minister‚ and Merchant. Winthrop at some point worked as either a magistrate‚ minister‚ and‚ merchant often times he would do two or more jobs simultaneously. Often times he would remain in his current position until he has accomplished a goal that gave him leverage in one or both of the other fields. Each of the ventures
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