Lay judges within other jurisdictions: solutions to the crisis in England and Wales: Submission for the Independent Review of the Criminal Courts

Mixed courts can be introduced to address the unbearable backlog of criminal cases in Crown Courts. The extra amount of time and cost required is low and outweighed by the advantages of a mixed court. Democratic participation in the administration of justice and with it democratic legitimacy of the courts does not need to suffer. On the contrary, they are enhanced as mixed courts can work on a larger spectrum of cases and typically also decide on sentences, not just the guilt of defendants. The work relation between lay and professional judges can be a productive one and valued by both sides. When lay judges join professional judges the opportunity for discussion opens and thus the potential for better decisions.

Our analysis has shown different ways to organise lay participation in the form of mixed tribunals. England and Wales may not have to invent the features of a mixed court but can draw on international experiences as outlined in empirical socio-legal research. Moreover, mixed courts had been and are being employed in the justice system of England and Wales, including in criminal cases. It cannot be said that they are incompatible with or have no precedence in the courts of England and Wales.