“… and my right” ̶ The Magistrates’ Courts in England and Wales
Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review
Lay magistrates are involved in most of the criminal cases in England and Wales. They typically sit in panels, but in minor cases they sit as single decision makers. In both situations, they are assisted by a legal adviser. Lay magistrates also hear appeals as part of a mixed court presided over by a professional judge. Lay magistrates are more diverse in personal characteristics than professional judges, but the level of commitment required results in an overrepresentation of older, middle-class people. The lay magistrate is defined by law, professional work patterns, budget constraints, and the traditional legal culture. In addition, the architecture of the courtroom, as well as the use of video links, often impedes interaction between lay magistrates and defendants. These constraints at times threaten justice and procedural fairness. The number of lay magistrates has been declining for years. To dispose of cases more quickly, professional judges have taken a slice of the caseload. A different work pattern can be found at the youth court where magistrates engage actively with the defendant and are not confined to a narrow decision-making function.
Keywords
- Lay magistrates, magistrates' courts, Lay participation, legal adviser, summary trial, youth court, district judge magistrates' court, lawyers, England and Wales, defendants, local justice, mixed courts, court architecture
Original language | English |
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Title of host publication | Juries, Lay Judges, and Mixed Courts: A Global Perspective |
Editors | Sanja Kutnjak Ivkovich, Shari S. Diamond, Valerie Hans, Nancy Marder |
Place of Publication | Cambridge |
Publisher | Cambridge University Press |
Chapter | 7 |
Pages | 131-151 |
ISBN (print) | 9781108483940 |
Publication status | Published - 29 Jul 2021 |
Research outputs (4)
- Published
Lay Judges at Labour Courts: A Cross-national Study
Research output: Contribution to journal › Book/Film/Article review
- Published
Understanding the German Mixed Tribunal
Research output: Contribution to journal › Article › peer-review
- Published
Geschworenen- und Schöffengericht
Research output: Book/Report › Commissioned report
Prof. activities and awards (5)
“Where do you want to be in three years”? - The Youth Court
Activity: Talk or presentation › Oral presentation
2021 Annual Meeting of the Law and Society Association
Activity: Participating in or organising an event › Participation in Academic conference
Lay Magistrates in England and Wales in International Perspective
Activity: Talk or presentation › Oral presentation