England and Wales rely heavily on ordinary members of the public to decide cases. Lay magistrates hear the vast majority of criminal cases, and juries decide guilt in the most serious ones. In Cambridge A Level Law 9084, this topic appears under Legal Personnel (Topic 1.3.3) in Paper 1 and is a favourite for two-part essay questions.
Lay Magistrates
Role
- Criminal: try summary offences and many triable-either-way offences, decide bail, sentence (within limited powers), issue warrants, and sit in the Youth Court.
- Civil: limited civil work, including some family matters and licensing.
Qualifications
Magistrates must be aged between 18 and 74 on appointment (and retire at 75), must be able to commit to sitting at least 26 half-days a year, and must show six “key qualities”: good character, understanding and communication, social awareness, maturity and sound temperament, sound judgement, and commitment and reliability. No legal qualifications are required. Certain people – such as police officers and those with serious criminal convictions – are ineligible.
Selection, appointment and training
Candidates apply to a Local Advisory Committee, go through two interviews and are appointed by the Lord Chief Justice. Training is organised by the Judicial College and delivered locally, covering core competences, with a mentor and appraisals during the early years. Magistrates are assisted in court by a legally qualified legal adviser (justices’ clerk).
Juries
Role
In criminal cases, juries sit in the Crown Court to decide guilt or innocence in trials on indictment. The judge decides the law and the sentence; the jury decides the facts. Juries are rarely used in civil cases.
Qualifications for jury service
Under the Juries Act 1974 (as amended), jurors must be aged 18–75, be registered on the electoral register, and have lived in the UK for at least five years since the age of 13. People who are mentally disordered, lack capacity, or have certain criminal convictions are disqualified.
Vetting and challenges
- Police checks – routine checks for disqualifying convictions.
- Wider background checks – only in exceptional cases such as national security or terrorism, with the Attorney General’s approval.
- Challenge for cause – either side can challenge a juror with a valid reason (for example, knowing the defendant).
- Prosecution’s “stand by” – the prosecution can put a juror to the back of the panel.
- Challenge to the array – a challenge to the whole panel on the grounds it was unfairly selected.
Advantages and Disadvantages
Magistrates
- For: cheap, local knowledge, a cross-section of society, legally advised, very few successful appeals.
- Against: historically unrepresentative (older, middle-class), prosecution-minded, inconsistent sentencing between benches, reliance on the legal adviser.
Juries
- For: public confidence, random selection, “jury equity” (juries can acquit against the law, as in R v Ponting (1985)), secrecy protects jurors from pressure.
- Against: no reasons for verdicts, risk of bias or misunderstanding, media and internet influence (Attorney General v Fraill (2011)), cost and time.
Alternatives to Jury Trial
The syllabus asks you to consider alternatives: trial by a single judge, a panel of judges, a judge sitting with lay assessors, or a mixed tribunal. Remember the Criminal Justice Act 2003 already allows judge-only trials where there is a real danger of jury tampering (R v Twomey (2009)).
This topic links naturally to the court hierarchy – knowing which court does what makes your answers more precise.
Free Paper 1 Past Papers – Download Now
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Frequently Asked Questions
Are magistrates paid?
No. Lay magistrates are unpaid volunteers, although they can claim expenses and loss of earnings.
Do juries give reasons for their verdicts?
No. Jury deliberations are secret and no reasons are given, which is a common criticism in evaluation questions.
What is the difference between lay magistrates and district judges?
District judges (magistrates’ courts) are paid, legally qualified professional judges who sit alone, whereas lay magistrates are unpaid volunteers who usually sit in benches of two or three.
Final Thought
Lay people questions reward a balanced answer. Learn the facts on selection and role cleanly, then build a structured argument weighing public participation against consistency and expertise.