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Lay Magistrates In The Legal System Of England And Wales

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LL4181/LL5181 ELSM Second Formative Coursework
Explain and critically consider the use of lay magistrates in the legal system of England and Wales.
Lay magistrates are very important to the legal system in England and wales. Lay magistrate’s also known as ‘Justices of the peace’ are volunteers in Magistrates courts as judicial officers. There are 21,500 lay magistrates currently in England and wales. Combined with professional magistrates in a magistrate’s court they take up to 95% of cases involving criminal charges . This essay will be investigating the actual importance of them as well as recommendations on diversifying the bench for the Lord Chancellor.
Lay magistrates take on a lot of cases in England and wales in magistrate’s courts as well as sentencing on most cases. Magistrate’s courts hear cases involving prosecutions of young offenders and children family cases. Lay magistrates also attend Family cases; this is due to change in 2014, where these types of hearings will be passed to the Family Court . In general Lay magistrates only take on minor criminal offences. With the use of lay magistrate’s a lot of time is spared to parliament and higher courts to concentrate on more serious offences within the law as well as problems concerning the country in general, such as the Scottish referendum. This makes the use of Lay Magistrates essential in the English legal system.
The recruitment process to become a lay magistrate has not changed much. The applicant will

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