What part is played by juries and lay magistrates in the resolution of civil and criminal cases?
Examine critically the arguments for and against the use of either juries or lay magistrates in the English legal system. Written by Vicky Burgess Since the thirteenth century, as stated in the Magna Carta (1215), people have had a right to trial by the lawful judgement of their peers. In the English legal system the involvement of lay persons i.e. those without formal legal qualifications in the administration of justice is extensive. This is to ensure that the values and common sense of ordinary people have a role to play, particularly by using magistrates and juries. There are over 30,000 lay magistrates sitting as part-time judges in the magistrates Courts. Lay magistrates do not have any legal qualifications. All that is required is that they must be of suitable character, have judicial qualities, be aged 21 to 65 and live in the local area of the court. The work of a magistrate is mainly connected to criminal cases. They try 97% of all criminal cases and deal with preliminary hea
