Lay Magistrates

• Established by Justices of the peace Act 1361
• Governed by the Justices Peace Act 1997 and Courts Act 2003.
• Panel of 3 magistrates is called a Bench, supported by legally qualified Justices Clerk
• Must commit to at least 26 half days per year. Employers must obide.
• R v Eccles Justices ex parte Farrelly (1992), convictions were quashed on appeal because the clerk had helped in the decision making process.
• There is an argument that Magistrates do not represent the people who they serve.
• Of upper/middle class as they can afford to take time off work.
• Of older age as they can afford to take time off of a career.
• Advantage; Lay involvement - public participation in the justice system
• Advantage; Local knowledge - community concerns and interests represented
• Advantage; Balanced view - a bench of 3 Magistrates provides a balanced view
• Advantage; Cost - they are volunteers and therefore are relatively cheap
• Disadvantage; Not representative
• Disadvantage; Inconsistent - Magistrates’ Courts have a tendency to come to different decisions and sentences for the same crime
• Disadvantage; Inefficient - Magistrates can be slow to reach a decision
• Disadvantage; Bias towards the police