Task 3 – Compare and contrast the role and function of judges, lawyers and
lay people within the English courts. (M1)
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, In this report I am going to compare and contrast the difference and similarity
between lay personnel which includes Lay Magistrates and the Jury. As well as
Legal Professionals which include Judges and Lawyers.
Judges and Lay Magistrates
The main similarities these professions have is that their qualities such as sound
judgement and social awareness as well as lack of capacity to make decisions,
benefits judges and lay magistrates. This is because they need these skills so that
they can do their jobs and perform their roles well. So that justice is fair and
decisions, being made are well representative of decision on the sentencing of
offender. Another similarity that judges and lay magistrates have is that they both
work in Criminal courts and both decide sentencing. As they both work in criminal
courts to prosecute criminal cases. They both need to have their time managed. As
well as they will need to be able to perform more than one function in court. Judges
and lay magistrates both have the same role, which is to decide the sentencing of
the offenders. This is because they both often hear criminal cases, in some cases
civil as well, and so they need to be able to decide a sentence based on the
evidence provided to them in front of the court.
The main differences, that are present in judges and lay magistrates is that. Judges
are paid this is because judges are legally trained and have qualification as well as
they work full time and have a lot of experience in the field. Unlike lay magistrates in
which they are not paid because they have no legal knowledge in the field. They get
advised on law by their court clerks. This doesn’t mean that lay magistrates can’t
apply for expenses such as travel or food, they can. Another difference of judges
and lay magistrates is that, lay magistrates represent a wider community, because
usually lay magistrates will serve in court near the area they live in. So they will have
social awareness of that specific area, therefore they will represent the area. Judges
on the other hand might not be representative of the wider community. As they get
shifted around in areas and so one judge might be sitting in Bradford but later on
moved to Sheffield for work. In which the judge will not have the social awareness of
the area because they are not from that district. The main big difference between
judges and lay magistrates is that, lay magistrates have inconsistency in their
sentencing. This is because they are not qualified and have no legal knowledge in
the field. This is why they will need the assistance of their court clerk. The clerk will
give advice on law and how to apply it in a case. Judges on the other hand will not
have inconsistency in sentencing because due to them being qualified they have the
knowledge in the specific field which they need in order to perform their roles.
Judges and Jury
Judges and the jury have similarities in their roles. Such similarities include, they
both hear criminal cases. This is because the jury is often used in the crown court
and the judges also work in the crown court and the above courts in the hierarchy
such as High Court and Court of Appeal. Another similarity between these roles is
that they both reach a decision. The Jury will on the facts of the evidence presented
to them, decide the verdict. The judges based on the jury’s verdict will decide the
sentencing for the guilty. Which can include life imprisonment if tried for murder.
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lay people within the English courts. (M1)
1|Page
, In this report I am going to compare and contrast the difference and similarity
between lay personnel which includes Lay Magistrates and the Jury. As well as
Legal Professionals which include Judges and Lawyers.
Judges and Lay Magistrates
The main similarities these professions have is that their qualities such as sound
judgement and social awareness as well as lack of capacity to make decisions,
benefits judges and lay magistrates. This is because they need these skills so that
they can do their jobs and perform their roles well. So that justice is fair and
decisions, being made are well representative of decision on the sentencing of
offender. Another similarity that judges and lay magistrates have is that they both
work in Criminal courts and both decide sentencing. As they both work in criminal
courts to prosecute criminal cases. They both need to have their time managed. As
well as they will need to be able to perform more than one function in court. Judges
and lay magistrates both have the same role, which is to decide the sentencing of
the offenders. This is because they both often hear criminal cases, in some cases
civil as well, and so they need to be able to decide a sentence based on the
evidence provided to them in front of the court.
The main differences, that are present in judges and lay magistrates is that. Judges
are paid this is because judges are legally trained and have qualification as well as
they work full time and have a lot of experience in the field. Unlike lay magistrates in
which they are not paid because they have no legal knowledge in the field. They get
advised on law by their court clerks. This doesn’t mean that lay magistrates can’t
apply for expenses such as travel or food, they can. Another difference of judges
and lay magistrates is that, lay magistrates represent a wider community, because
usually lay magistrates will serve in court near the area they live in. So they will have
social awareness of that specific area, therefore they will represent the area. Judges
on the other hand might not be representative of the wider community. As they get
shifted around in areas and so one judge might be sitting in Bradford but later on
moved to Sheffield for work. In which the judge will not have the social awareness of
the area because they are not from that district. The main big difference between
judges and lay magistrates is that, lay magistrates have inconsistency in their
sentencing. This is because they are not qualified and have no legal knowledge in
the field. This is why they will need the assistance of their court clerk. The clerk will
give advice on law and how to apply it in a case. Judges on the other hand will not
have inconsistency in sentencing because due to them being qualified they have the
knowledge in the specific field which they need in order to perform their roles.
Judges and Jury
Judges and the jury have similarities in their roles. Such similarities include, they
both hear criminal cases. This is because the jury is often used in the crown court
and the judges also work in the crown court and the above courts in the hierarchy
such as High Court and Court of Appeal. Another similarity between these roles is
that they both reach a decision. The Jury will on the facts of the evidence presented
to them, decide the verdict. The judges based on the jury’s verdict will decide the
sentencing for the guilty. Which can include life imprisonment if tried for murder.
2|Page
