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Lay Magistrates:
Role:
Lay magistrates, also known as justices of the peace, are volunteers who work part-time to administer justice in magistrates' courts. They sit in benches of three and handle around 95% of all criminal cases in England and Wales.
Qualifications:
There are no formal qualifications required to become a lay magistrate, but certain criteria must be met. The applicant must be between 18 and 65 years old, of good character, have sound judgment, and be able to understand and communicate effectively in English. They should also have a good understanding of society and be able to listen to both sides of an argument and make an impartial decision.
Selection and Appointment:
The selection process involves an interview, group discussion, and role-play exercises. The Local Advisory Committee and the Lord Chancellor’s Advisory Committee make the final decision on who is appointed. Once appointed, lay magistrates must attend a training course and commit to sitting for at least 26 half-day sessions per year.
Juries:
Role:
Juries play a crucial role in the English legal system as they are responsible for deciding whether a defendant is guilty or not guilty in a criminal trial. They are selected at random from the electoral register and must be present throughout the trial, hear all the evidence and arguments, and then reach a unanimous verdict.
Qualifications: To be eligible for jury service, a person must be over 18 and registered to vote. They must also have lived in the UK, the Channel Islands or the Isle of Man for at least five years since the age of 13.
Selection and Appointment:
Potential jurors are selected at random from the electoral register and receive a summons to attend court. They may be excused from jury service if they have a valid reason such as illness, disability, or a pre-booked holiday. Once in court, jurors are sworn in and must listen to the evidence and arguments before reaching a verdict.
Advantages:
Disadvantages:
Overall, the use of juries in criminal cases has both advantages and disadvantages, and the decision to use a jury or not will depend on the circumstances of each case.
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