Brooke walker
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Report Thread starter 3 years ago
What do you consider to be the main difference between a lay magistrate and a District Judge in the Magistrates' Court?

Give two examples of a persuasive precedent.

Give two other examples of courts in a position to depart from their own previous decisions.

In what circumstances may they do so?

Since 1966 the House of Lords has been able to depart from its own previous decisions. When would the Supreme Court (as the House of Lords is known now) be reluctant to do so and why?
Badges: 2
Report 3 years ago
Lay Magistrates are well, lay, so they're not legally trained. A district judge is. Magistrates sit in a panel of 3 and have a wider range of backgrounds, while only one District Judge will sit. Judges can be "case-hardened" meaning that they are used to it and will show less sympathy. District judges will only be used because of more complex cases as they are more expensive, magistrates are volunteers.

Persuasive precident can include the Obiter Dicta in a ruling, decisions made by other common wealth countries, decisions of the lower courts, decisions of the privy council.

The supreme court can use the practice statement to change a previous decision, the others can't. Higher courts can over-rule lower ones and can change their decision. The judge can make a precedent distinct to the current case by some different variable.

The practice statement is how they can depart from decisions. They are reluctant as they want to keep consistency so the law is fair. Hope this helps.

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