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June 17, 2024

Replacing lay persons with professional judges?

Replacing lay persons with professional judges?

We have already noted several benefits that derive from the use of lay persons in the

magistrates’ courts, namely it enhances the reputation of England and Wales as a

participatory democracy and provides a relatively cheap system of justice. But does the

use of lay persons bring any disadvantages? Should we consider replacing magistrates

with district judges? There are strong suspicions that the government has begun this

process via the increasing use of district judges/deputy district judges and increased

powers given to clerks of the court. One prominent report1

advocated that all cases in

the magistrates’ court should be heard by a panel consisting of one district judge,

assisted by two lay magistrates. What would be the benefits of replacing fully lay

benches?

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