TY - CHAP

T1 - “… and my right” ̶ The Magistrates’ Courts in England and Wales

AU - Machura, Stefan

PY - 2021/7/29

Y1 - 2021/7/29

N2 - 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.

AB - 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.

KW - Lay magistrates

KW - magistrates' courts

KW - Lay participation

KW - legal adviser

KW - summary trial

KW - youth court

KW - district judge magistrates' court

KW - lawyers

KW - England and Wales

KW - defendants

KW - local justice

KW - mixed courts

KW - court architecture

M3 - Chapter

SN - 9781108483940

SP - 131

EP - 151

BT - Juries, Lay Judges, and Mixed Courts: A Global Perspective

A2 - Kutnjak Ivkovich, Sanja

A2 - Diamond, Shari S.

A2 - Hans, Valerie

A2 - Marder, Nancy

PB - Cambridge University Press

CY - Cambridge

ER -