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Analyse The Advantages And Disadvantages Of Using Lay Magistrates

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The case of Miss V. Strong could be heard in either the Magistrates court or the Crown court as Grievous bodily harm (GBH) is a triable either way offence, however it would depend on the severity of the offence. If her case was GBH section 18 her case would be heard in the Crown court if it was a section 20 her case could be heard in both courts. Initially, the Magistrates decide on whether a case is serious enough to be heard in the Crown court or if it will stay in the magistrate’s court. If they decide it will stay in the Magistrates’ court, the defendant is then given the opportunity to choose what court it should take place in. (1)

Within the Magistrates court the cases are heard by a bench of three, sometimes two, Magistrates or a district …show more content…

Legal personnel consists of solicitors, barristers, legal executives and paralegals. When using lay people in contrast to legal personnel there are clear advantages and disadvantages of both. An advantage of using a magistrate is that they have to live or work in the local area, unlike barristers, this is an advantage as because of this they will more likely understand the consequences of the defendants actions to the local area. another advantage of using lay Magistrates is that they are cheap and it would be expensive to replace them all with judges. However a disadvantage of using Magistrates is that unlike barristers they are not trained and lack legal knowledge. alongside this another disadvantage of using lay Magistrates is that they are less likely to be a representative of the local area as only mature, well educated people are appointed. Barristers have to undertake a law degree to then join an inn of court followed by further training after this they can be called to the bar to the be at the professional …show more content…

Advice and representation may be funded by local funding pages such as just giving or may be readily available for example a duty solicitor at the police station. similarly in both of these methods to get legal advice or representation the defendant doesn have to pay from their own pocket. On the other hand a duty solicitor may not be as helpful as a solicitor you hire as they have restrictions for how long they can spend on your case unlike paid

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