... solicitor or barrister)) * In complex cases stipendiary magistrates are also present. They are district judges who have a lot more training than lay magistrates. Problems: * Inconsistent - punishments vary from one part of the country to another * Prosecution bias - the police are favoured more than the defendant instead of initially being equal * The magistrates are lay people who have no legal background and only limited legal knowledge ? inadequate training? * The magistrates are overworked (lots of cases-lack of time) * Class/age/ethnic and social bias magistrates not really representative of society * The clerk is relied on too much Dealing with the problems: * Modernising justice ? The Auld Report, 2001 3 recommendations: 1) Some cases to be transferred from the Crown Court to the Magistrates. This restricts the right of the defendant to choose where the case is heard (more pressure on magistrates and more complex cases) 2) Proposal for a new court to look at ...

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