Lay people in the law

Introduction to Lay People in the Law

In the English legal system, you don't always need a wig and a gown to be part of the law! Lay people are individuals who are not legally qualified (they aren't judges or lawyers) but play a vital role in deciding cases. This chapter explores who these people are, how they are chosen, and why we use them instead of professional judges for everything. Understanding this is key to Paper 1, as it shows how the public participates in the justice system.

1. Magistrates (Justices of the Peace)

Magistrates are volunteers who hear cases in the Magistrates' Court. They are often called "Justices of the Peace." The main law governing them is the Justices of the Peace Act 1979.

Role of Magistrates

Magistrates deal with about \(95\%\) of all criminal cases. Their duties include:
• Hearing "summary" offences (minor crimes like motoring offences).
• Hearing "either-way" offences (crimes that could be mid-level, like theft).
• Deciding the verdict (Guilty or Not Guilty).
• Deciding the sanction or sentence (e.g., fines or community orders).
• Dealing with bail applications and warrants.

Selection and Appointment

To be a magistrate, you don't need a law degree, but you do need six key qualities: good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, and commitment and reliability.
• Age: Usually between \(18\) and \(65\) at appointment.
• Process: Candidates apply to a Local Advisory Committee. They undergo two interviews to test their character and judicial potential.
• Appointment: They are formally appointed by the Lord Chief Justice (or their delegate) on behalf of the Crown.

Advantages and Disadvantages

Advantages:
• Cost: They are unpaid volunteers, saving the taxpayer huge amounts of money.
• Local knowledge: They live or work near the court, so they understand local issues.
• Public confidence: It involves "ordinary people" in the legal process.

Disadvantages:
• "Middle-class, middle-aged": They are often criticized for not being diverse enough.
• Reliance on the Clerk: Because they aren't lawyers, they rely heavily on a legally qualified Legal Advisor (Clerk) for guidance on the law.
• Inconsistency: Different benches of magistrates might give different sentences for similar crimes.

2. Jurors

A jury is a group of \(12\) ordinary citizens who decide the facts of a case in the Crown Court. Their involvement is governed by the Juries Act 1974.

Role of Jurors

The jury’s role is to listen to the evidence in a criminal trial and decide "beyond reasonable doubt" if the defendant is guilty or not guilty. The judge explains the law, but the jury has total freedom to decide the facts. This is called "jury equity"—they can even decide a case based on what they think is fair, rather than what the law strictly says.

Selection and Appointment

Jurors are chosen at random from the electoral register (the list of people registered to vote). To be eligible, you must:
• Be aged \(18\) to \(75\).
• Have lived in the UK for at least five years since age \(13\).
• Not be disqualified (e.g., due to certain serious criminal convictions).

Advantages and Disadvantages

Advantages:
• Democratic: It allows the public to be directly involved in the law.
• Impartiality: Because they are random and there are \(12\) of them, individual biases are usually cancelled out.
• Secrecy: The jury deliberates in private, meaning they are free from outside pressure.

Disadvantages:
• Lack of understanding: Complex cases (like fraud) can be very difficult for non-lawyers to follow.
• Compulsory nature: People may resent being forced to take time off work, which might affect their focus.
• No reasons given: Jurors do not have to explain why they reached their verdict, which can make appeals difficult.

Quick Review: Remember, Magistrates decide both the verdict and the sentence, whereas Jurors only decide the verdict (the Judge decides the sentence).

3. Lay People in Tribunals and ADR

Lay people aren't just in criminal courts; they are also essential in civil dispute resolution and Alternative Dispute Resolution (ADR).

Tribunal Members

In many Public Tribunals (like Employment or Social Security), the panel consists of a legally qualified judge and two lay members. These lay members are usually experts in the specific area being discussed (e.g., a doctor in a medical tribunal or an HR professional in an employment tribunal).

Mediators and Conciliators

In Mediation and Conciliation, a neutral third party helps people resolve a dispute without going to court.
• Mediators: Act as a "messenger" between parties to help them reach their own agreement.
• Conciliators: Have a more active role and may suggest ways to settle the dispute.

Arbitrators

In Arbitration, the parties agree to let a private person (the arbitrator) make a binding decision. Arbitrators are often lay experts in the field of the dispute (for example, a professional surveyor might act as an arbitrator in a building dispute).

Ombudsman

An Ombudsman is an independent official appointed to investigate complaints against organizations or government departments. They are lay people in the sense that they operate outside the formal court hierarchy to provide a fairer, cheaper alternative to suing.

Summary Table: Lay People at a Glance

Magistrates: Criminal cases (summary); Volunteers; Justices of the Peace Act 1979.
Jurors: Criminal cases (indictable); Randomly selected; Juries Act 1974.
Tribunal Members: Specialist civil cases; Subject-matter experts.
Arbitrators/Mediators: ADR; Private dispute resolution; Faster/cheaper than court.

Key Takeaways for the Exam

• Selection: Know that Magistrates are interviewed for qualities, while Jurors are randomly selected from the electoral roll.
• Legislation: Always mention the Juries Act 1974 and the Justices of the Peace Act 1979 when discussing these roles.
• Evaluation: Be ready to "assess" or "evaluate" whether using lay people is a good thing. Focus on the balance between cost/public participation (pro) and lack of legal expertise (con).
• ADR: Don't forget that lay people like arbitrators and mediators provide a vital alternative to the expensive court system!