The second part of your report will evaluate the effectiveness of lay personnel in contributing to case outcomes in the both the English courts (criminal and civil) and ADR. Using your own research and the scenarios provided, compare the role and function of the legal personnel and lay people in the English courts and ADR. This should include the accurate application and explanation of the role and function of: ● judges ● lawyers ● juries ● magistrates You should conclude this part of the report by arriving at a conclusive judgement about the effectiveness of juries and magistrates in the English court system and ADR. This should be based on and supported by the arguments presented in your comparison.

1. Role and Function of Judges:

Judges play a crucial role in both criminal and civil courts. They ensure that trials are conducted fairly, decide on the admissibility of evidence, direct the jury on points of law, and determine sentences in criminal cases or remedies in civil cases. In ADR, retired judges often serve as arbitrators due to their legal expertise.

2. Role and Function of Lawyers:

Lawyers, including solicitors and barristers, represent their clients in court, providing legal advice, presenting evidence, and making legal arguments. In ADR, lawyers can represent their clients, provide legal advice, and help negotiate settlements.

3. Role and Function of Juries:

Juries, composed of lay people, are used in serious criminal cases and some civil cases. They decide on the facts of the case and determine the verdict. Juries are not typically used in ADR.

4. Role and Function of Magistrates:

Magistrates are volunteer lay people who handle less serious criminal cases, some civil cases, and family cases in the Magistrates' Courts. They make decisions based on the facts presented to them, guided by a legal advisor. Magistrates do not typically participate in ADR.

5. Comparison:

Judges and lawyers bring legal expertise to the process, while juries and magistrates bring a diverse range of perspectives and a sense of community representation. Judges and lawyers focus on the legal issues, while juries and magistrates focus on the facts. In court, judges and lawyers have more formal roles, while in ADR, they often have more facilitative roles.

6. Conclusion:

Juries and magistrates play a vital role in the English court system. They ensure that the justice system is not just about legal professionals, but involves ordinary people in the administration of justice. Their involvement can enhance the fairness, legitimacy, and public acceptance of the justice system.

However, their effectiveness can vary depending on the context and the specific individuals involved. For example, juries may struggle with complex cases, and magistrates may lack the legal knowledge to deal with some cases. Therefore, it's important to provide them with appropriate training and support, and to monitor their performance to ensure that they are fulfilling their roles effectively.

In ADR, the role of lay people is more limited, but they can still contribute to the process as mediators or arbitrators, especially in disputes that require a practical rather than a legal solution. Overall, the involvement of lay people in both the courts and ADR is a strength of the English justice system, but it needs to be managed carefully to ensure its effectiveness.