Replace “become a magistrate” with “make legal decisions on legal cases, including sending people to prison for up to a year” and the problem becomes obvious.
Many magistrates are brilliant people. But they shouldn’t be deciding questions of law or imprisoning fellow citizens.
Many magistrates are brilliant people. But they shouldn’t be deciding questions of law or imprisoning fellow citizens.
In the Crown Court, non-legally trained juries decide the facts of a case, having heard the evidence (i.e. what happened? Who is telling the truth?). All questions of law - admissibility of evidence, sentencing etc - are dealt with by a qualified judge.
Magistrates do both jobs.
Magistrates do both jobs.
I should point out for completeness that magistrates have a qualified legal advisor to assist them; but the decision is still ultimately theirs. And in practice the extent to which the advice is followed varies.
I go into more detail in the Book (Ch 2, if you’re interested).
I go into more detail in the Book (Ch 2, if you’re interested).
