‘Take it from Me…’—The Roles of the Judge and Lay Assessors in Deciding Questions of Law in Appeals to the Crown Court

Abstract

According to traditional jurisprudence, lay assessors sitting with professional judges at the Crown Court, whether at trial or appeal level, have to take the law from the judge as the legal professional. The same is not true when the same lay magistrates sit at the magistrates' court either with a clerk or a professional district judge. This article questions the traditional arguments for this discrepancy and argues that if lay assessors at the Crown Court have the status of full judges, they should also have the power to decide questions of law.