The High Court, The Crown Court and Magistrates Court Essay

The High Court, The Crown Court and Magistrates Court - Essay Example As district judges are legally trained, they can work through case quicker, and have better technical and legal knowledge(Daryl Williams, 2001, p.146). Lay Magistrates can also be referred to as 'justices of the peace'. The Lord Chancellor appoints JP's. This is officially done beneath a document called 'commission of the peace'. This is carried out in two ways. moreover in respect of counties, where it is beneath the advice of the lord lieutenant of the county and help by the advisory committee, or in respect of urban areas. In this case, it is on suggestion of the advisory committee only(Anthony Blackshield, 2000, p.428). No doubt, these committees were kept clandestine, until 1992, but have since been re-published so that all names are renowned. The Lord Chancellor has to take into account that the panel has a wide-cross part. This means that there be supposed to be a diversity of dissimilar people from dissimilar ethnic and social backgrounds. This is to make sure that the panel of JP's is delegate of all possible defendants, and all feature of society(Michael White, p. 152). In order to become a JP, it is important to be reliable and committed. The lay people must either live or work, within a 15-mile radius of the area being scrutinized on behalf of the defendant. JP's must also be able to sit in court for a minimum of 26 sessions-one session making up one half day. The lay people are not paid, therefore they are reimbursed for loss of earrings, travel expenses and lunch etc. it is vital for lay people to be aged between 21 and 65, although there are not may 21 year old JP'S and the youngest age usually ranges from 26-27. This is due to lack of life experience. Above all it is important for the potential JP'S to not have a criminal record this refers to bankruptcy, theft, tax etc(Enid Campbell, 2001, p.95). Critical Analysis Of The Use Of Magistrates Courts There are lots of advantages of having lay magistrates. As they are not paid, the government save money. The magistrate's court is therefore contemptible to run. It would be extremely luxurious for the courts otherwise, to hire legally trained judges. The magistrates are usual people. They have understanding of the kind of live the defendants have. This variety of people shows that there is more of a representation (Cracknell DG). The judiciary is made up of a wider cross-section. 45% are women. though there are not numerous ethnic minorities there are still a vast amount, and the numbers are rising. The magistrates also get hold of local knowledge. As they live inside 15 miles of the area, they know what the circumstances re like, and they are aware of certain difficulty so they can empathize with the people(Anthony Blackshield, pp.427-28). There are also some disadvantages to. Sometimes, as the lay people are described as being 'middle class, middle aged and middle minded' they do not always cover a very wide cross-section of the real, for example if there was young defendant on trail, the older lay people wouldn't be able to fully understand him, and his thought and feeling (Zander M). This would be bad, as the younger people would be treated unfairly. There will be little common with the younger defendants and the older lay magistrates. Although a