Role of Magistrates & Jury in England & Wales
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 that they deal with has helped earned them the title of the workhorses of the criminal justice system.
A magistrate forms part of the judiciary however they are unique in the sense that they do not get paid. Even though magistrates do not get paid it is crucial that they are of good standing in the community to ensure an element of respect and a comprehension of what is right and wrong. The Lord Chancellor is tasked with the role of appointing magistrates on the advice of a local advisory committee. These committees are made up of existing magistrates and people in the prospective magistrates’ local area. It is seen as important to draw magistrates from local areas to be representative of the local community. Once appointed they are expected to sit for a minimum of 26 half days per year but it is frowned upon to do any more than 1 sitting per week for fear of ‘case hardening’.
To start with all magistrates sit in the adult court but after gaining experience they may choose to apply to sit in the youth court or family proceedings court, and if successful undertake specialised training. Magistrates’ courts consist of a ‘bench’ of three magistrates with one who has been trained to take the chair. They are provided with training but it is not necessary to have any legal qualifications before becoming appointed as a magistrate. Due to the lack of legal expertise the bench benefits from the use of a court clerk who is required to have legal qualifications before
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 that they deal with has helped earned them the title of the workhorses of the criminal justice system.
A magistrate forms part of the judiciary however they are unique in the sense that they do not get paid. Even though magistrates do not get paid it is crucial that they are of good standing in the community to ensure an element of respect and a comprehension of what is right and wrong. The Lord Chancellor is tasked with the role of appointing magistrates on the advice of a local advisory committee. These committees are made up of existing magistrates and people in the prospective magistrates’ local area. It is seen as important to draw magistrates from local areas to be representative of the local community. Once appointed they are expected to sit for a minimum of 26 half days per year but it is frowned upon to do any more than 1 sitting per week for fear of ‘case hardening’.
To start with all magistrates sit in the adult court but after gaining experience they may choose to apply to sit in the youth court or family proceedings court, and if successful undertake specialised training. Magistrates’ courts consist of a ‘bench’ of three magistrates with one who has been trained to take the chair. They are provided with training but it is not necessary to have any legal qualifications before becoming appointed as a magistrate. Due to the lack of legal expertise the bench benefits from the use of a court clerk who is required to have legal qualifications before