Legal Process Module: Lay People's Importance in the UK Legal System

This law portfolio examines the significance of lay people within the UK legal system, addressing their contribution to judicial fairness. It explores the roles of juries and magistrates, analyzing their functions and impact on legal proceedings. The portfolio discusses the importance of juries in criminal cases and their role in protecting defendants, as well as the criteria for jury selection and disqualification. Furthermore, it delves into the role of magistrates, their recruitment, and the criticisms they face, along with the demographics of current magistrates. The document also covers the legal training, skills required for magistrates and the process of removing a jury person from their position. The portfolio concludes by summarizing the key points regarding the role of lay people in upholding justice within the UK legal system. Finally, references are provided to support the information presented.

Law portfolio

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
In light of the following statements how important are lay people in the legal system?.......3
Juries are seen as protecting defendants from unfair convictions and making sure that Justice
is done for all..........................................................................................................................4
Magistrates have been criticised for being too white, too male, too middle class and too old.
They are seen as too out of touch from the people they are judging to provide a fair trial. ..6
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Laws are those kinds of rules and regulation which has been formed in order to maintain
discipline and order within society. This makes laws formed in relation over various aspects
covered within society. These laws has been formed with the help on procedure that has been
formed in society Law portfolio is that kind of written document that makes in maintaining
various kinds aspect related to legal aspect within an organization. Law portfolio is been
developed using such documents which makes all legal portfolio in relation to job, organizations
legal activities covered. Further the file deal about lay people and legal system of UK. Then
information regarding juries and magistrate is been covered.
TASK
In light of the following statements how important are lay people in the legal system?
Legal system of UK is very complexed in nature and has various kinds of aspects covered
within it. In legal system of UK judiciary is one of the most important pillar which is been used
to attain justice in relation to particular case. Judiciary consists of Supreme Court that is highest
court of appeal in UK and takes matter in which high court has passed the judgement. Then
comes High court which consists of three division which is queens bench, chancalory division
and family division. In Queen's bench only cases related to criminal division is been covered and
in Chancellor division civil cases is been deal. Under family division matters related to children
and marriage is been discussed (Rountree, 2019). The term 'lay person' is been described as that
kind of legal official which has been considered as non-qualified people existing within legal
system. In this ordinary persons involved within court that makes decisions take in fair manner.
In this two legal professionals are covered that is Lay judge and Lay magistrate (Liu, Tang and
Zhou, 2019). Lay judges: Under mos of civil-laws judges at all levels of professionals which are
trained within law. In England part-time judges are known as lay judges which is been present in
various number then full time judges. In this justice is been served as they are able to solve 35
percent of criminal cases by passing fast judgement within it. Professional judges handle cases in
very small numbers and part time judges seen cases in bulk that makes ration of solving cases
increase. This has helped in reducing burden upon courts and making cases solved in better and
more effective manner. Lay Magistrate: These magistrate deal over various kinds of cases
within England Legal system that is been appointed by Secretary of State for Constitutional

Affairs. They are part of Local advisory Committees which makes advice upon legal issues
attained in more effective manner. They are not required to hold legal qualification only
appropriate skills is enough. They uphold the important principle in our legal system of trial by
one’s peers. One of the great strengths of the English legal system is the participation of ordinary
people in the administration of justice. The other area where this is seen in the criminal justice
system is in the Crown Court where juries are used. Also these Magistrate deals upon those kinds
of cases in which defendant is either of Crown Court and high court and mainly there judgement
is based upon facts of the case.
Juries are seen as protecting defendants from unfair convictions and making sure that Justice is
done for all.
Juries are the persons which make legal institution to proceed with trials by participating
in proceedings to be held for particular case. Jury trial is been used in significance over sharing
of serious criminal cases which exists within judicial system of UK. Major jurisdiction of
common law is been covered within it. Such trials can be abolished only when the grounds of
trials is been suspected with biasses. Juries and judges have also been incorporating within legal
system of criminal cases of UK. Proper process has been formed which has been widely used in
relation to civil and criminal cases. Jury holds responsibility upon legal jurisdiction which makes
cases solved in proper manner (Heaton, 2017). This mainly deals upon cases related to malicious
prosecution and false imprisonment suits in England and Wales. Civil jury is based over those
cases related over all kinds of civil matters. In it panel of members sit and decide over cases
within which judgement has been passed. The use of jury trials has been evolving common law
system in relation to cases within which judgement has to be passed. Also makes appellant
review to be conducted upon a case in which judgement has been passed by court.
Under Juries Act 1974 various condition has been mentioned which has to be there within an
individual for been appointed as jury. Should be between age of 18 and 70. Voting power in
parliamentary or within local government has to be issued. Should hold registration of
citizenship in UK or should have lived in UK or five years. Two restriction which has been
mentioned has been given as suffering from a mental disorder and disqualified from jury service
for a particular reason.
Under what circumstances person can be qualifiedly for jury services

There are various kinds of conviction which makes disqualification become of the jury.
Such kinds of services includes that category of crime which makes length of sentences passed
by court over making elimination form judiciary services to be made. There are various kinds of
things which makes elimination of judiciary services been done. These circumstances has been
explained as When an person has been sentence to imprisonment for life time. Detention is been
given on the orders of states government. Imprisonment or detention from public operations. If
an offence that has been committed is criminal offence which is covered under criminal
procedure code. Term of imprisonment or detention is five years or more. An person is allowed
to serve as jurists for 10 years in UK only when these conditions are fulfilled that is, Has served
part of sentence related to imprisonment over sentence or detention. Received a suspended
sentence (Guo and Ching, 2021). Had order or community sentenced imposed over or has been
exempted under special circumstances. Also various other things are included within it over
removing of jury who is sitting current in court. They are If an person holding position has been
detained under Mental Health Act 1983. Also if an persons holding the position is suffering from
mental disorder that is covered under MHA 1983 (Guesmi and et. al., 2019). Treatment is been
given to the person upon mental disorder. If an person holding position is not mentally sound. If
you’re a disqualified person and you fail to tell the court before turning up for jury service, you
could be fined up to £5000. Lack of capacity: Taken decision which is relevant in relation over
decision making. Analyse information in proper manner to improvise decision mechanism.
Relevancy of information should be checked. Communicate over decision in more effective
manner.
The right to be excused from jury service
Earlier various professionals like doctor and pharmacists was having right over not taking
part in Jury services if not willing to do so. The under Criminal Justice Act 2003 has abolished
exception. This makes doctors and medical staff not refuse to apply for discretionary excusable
in relation over adopting for jury services. It can only be done when an officer is in command
has been providing statement which certifies over armed forces member's absence over services
which makes prejudicial over efferent services. Only when an officer is in command or holding
office can be excused for taking part in jury services (Ecker and Meyer, 2019). Discretionary
deferral and excusable problems participating in jury services can ask for period of jury services

it can be postponed to later date in following circumstances and they are, When an operation is to
be done. Booked holiday and not getting time off work.
Process of proceeding in relation to judiciary
In order to remove jury person form his position proper process require to be followed.
This includes launching of complain and then presenting evidence in relation to it. These are
being presented to Central Summoning Bureau which analysis those facts and act upon the
complained launched against juries. Exception can be considered at the time of starting services
within12 months.
Magistrates have been criticised for being too white, too male, too middle class and too old.
They are seen as too out of touch from the people they are judging to provide a fair trial.
Magistrate has been hired upon recommending and recruiting over appointment which is
done by local advisory authority with existing magistrates. Senior Presiding judge appoints
magistrate in relation to Lord Chief Justice. Legal training is not required for becoming a
magistrate. Following qualification is required in order to become magistrate which is
Educational Qualification: For attaining educational eligibility to become Magistrate law
degree should be there. Age: One must have attained 21 years and should not be more than 35
years of age. Skills required for becoming magistrate Candidates must have discipline,
confidence and sense of responsibility with power of commitment. Also should have command
upon laws related to both civil and criminal matters. Then interpersonal skills, honesty and
fairness should be there.
Demographics of the current composition of magistrates
In relation to the statement it can be marked out that magistrates should be selected from
any background or community. Also there should be no discrimination on the basis of cast,
colour, gender. Equality and diversity is been promoted by selecting candidates who are Black,
Asian and Minority Ethnic. Further it has been observed that there is increase of 8% to 13%
since 2014. This made involvement of more and more young people show interest within
magistrate posts. Statistics shows that total number of magistrate in England and Wales has
reached to 13177 within last decade. This percentage was improved which is increased from
14348. It made data reconciliation exercise carried out in 2020. It improvement number and
made 1000 persons added (Carley and et. al., 2018). In order to deal with this problem anti-

discrimination laws has been included within it which makes equality promote more effectively.
Also this made equal opportunities formed within legal system of UK.
CONCLUSION
From the above file it can be concluded that laws are those rules and regulations which
has been formed in order to make sure that peace and order is maintained within society. Law
portfolio deals with all kind of aspect which is been covered by legal organizations. In this file
information related to lay jury has been collected and there dismissal is explained. Also topic of
lay person has been covered in relation to legal system. In the end magistrate recruitment process
with demographics of current position of magistrate is covered.

REFERENCES
Books and Journals
Carley, S and et. al., 2018. Empirical evaluation of the stringency and design of renewable
portfolio standards. Nature Energy. 3(9). pp.754-763.
Ecker, A. and Meyer, T.M., 2019. Fairness and qualitative portfolio allocation in multiparty
governments. Public Choice. 181(3). pp.309-330.
Guesmi, K and et. al., 2019. Portfolio diversification with virtual currency: Evidence from
bitcoin. International Review of Financial Analysis. 63. pp.431-437.
Guo, S. and Ching, W.K., 2021. High-order Markov-switching portfolio selection with capital
gain tax. Expert Systems with Applications. 165. p.113915.
Heaton, J.B., 2017. The" Long Term" in Corporate Law. The Business Lawyer. 72(2). pp.353-
366.
Liu, F., Tang, X. and Zhou, G., 2019. Volatility-Managed Portfolio: Does It Really Work?. The
Journal of Portfolio Management. 46(1). pp.38-51.
Rountree, V., 2019. Nevada's experience with the Renewable Portfolio Standard. Energy
Policy. 129. pp.279-291.
Tang, Q. and Tang, Z., Large Portfolio Losses from Defaults. Parallel Sessions, p.5.
Wang, F and et. al., 2021. A portfolio strategy of stock market based on mean-MF-X-DMA
model. Chaos, Solitons & Fractals. 143. p.110645.
Zhang, Y. and Chen, W., 2021. Optimal production and financing portfolio strategies for a
capital-constrained closed-loop supply chain with OEM remanufacturing. Journal of
Cleaner Production. 279. p.123467.