LS3: The personnel of the English Legal System

Question 1

The legal profession in England and Wales is divided into which 3 branches?

Answer 1

Chartered legal executives
Solicitors
Barristers

Question 2

Who are Chartered Legal Executives represented and regulated by?

Answer 2

Represented by Chartered Institute of Legal Executives (CILEX) and regulated by CILEX Regulation.

Question 3

Where do chartered legal executives usually work?

Answer 3

In law firms as partners or employees, directly with clients as fee earners.

In legal departments of companies, local councils, government.

Question 4

What must CILEX or SRA regulated companies do with client money?

Answer 4

Keep it in a separate account to the firm’s money.

Question 5

What rights of audience do chartered legal executives have in the civil courts?

Answer 5

Civil litigation:
Once the Civil Litigation Pathway in CPQ is completed, CLEs can represent clients in County and High Court.

Once the additional civil proceeding advocacy course is completed, they can represent clients in:
- Open County Court
- Magistrates’ court
- Tribunal hearings
- Coroner’s Court

Question 6

What rights of audience do chartered legal executives have in the criminal courts?

Answer 6

With criminal proceedings advocacy skills + Criminal Litigation Pathway in CPQ:

• Magistrates’ Court
• Youth Courts
• Crown court or High Court - chambers hearing for bail applications
• Appeals to the Crown Court or committals for sentencing in the Crown Court
• Coroners’ Courts

Question 7

What rights of audience do chartered legal executives have in the family court?

Answer 7

On completing additional family proceedings advocacy skills course, CLEs who have completed the Family Litigation Pathway in CPQ can represent clients in Family Court.

Question 8

How do you qualify as a solicitor?

Answer 8

Solicitors Qualifying Examination (SQE)

1) Degree in any subject
2) SQE1 (legal knowledge)
3) SQE2 (practical legal skills)
4) Qualifying work experience (two years and traditional period of recognised training at a law firm)
5) Admission as a solicitor (added to solicitor’s roll)

Question 9

Where do solicitors work?

Answer 9

Partnerships (also called firms)
Limited companies
Limited liability partnerships
ABSs, alternative business structures, one-stop shops for services
Large companies

Question 10

What are the rights of audience for a solicitor?

Answer 10

All solicitors are able to represent their clients in:
○ Magistrates’ Court
○ County Court
○ Family Court
○ Intellectual Property Enterprise Court
○ Tribunals
○ Coroner’s Courts (which determine the cause of a person’s death)

Solicitors specialising in litigation may obtain Higher Rights of Audience Qualification and become solicitor advocates. 2 assessments (1 written, 1 practical) need to be completed in civil or criminal advocacy. They cover evidence, procedure and ethics, provided by various institutions.

Solicitor advocates can represent clients in:
○ Crown Court
○ High Court
○ Court of Appeal
○ Supreme Court

Question 11

What is the main focus for barristers?

Answer 11

Advocacy (representing clients) in the courts.

Question 12

How do you qualify as a barrister?

Answer 12

5 stages

1) The academic stage (2:1 in law degree, graduate deiploma or mini-pupillage)

2) Admission to an Inn of Court
i. Middle Temple
ii. Inner Temple
iii. Gray’s Inn
iv. Lincoln’s Inn

3) The vocational stage (Bar course before applying to the vocational course at a uni and 12 qualifying stages at their Inn of Court)

4) The Call to the Bar (can call themselves a barrister after this ceremony at Inn of Court)

5) Pupillage (year of pupillage i.e. practical training, under the supervision of an experienced barrister, known as pupil supervisor. 1st 6 months shadowing, 2nd 6 months appear in court.)

Question 13

What is a barrister’s clerk?

Answer 13

Allocates work and negotiates fees on behalf of barristers.

Question 14

What is the King’s Counsel?

Answer 14

Experienced barristers can apply for appointment as King’s Counsel (KC). Also referred to as silks, because they wear silk gowns. Non-KCs may be referred to as Juniors in court, even thought they may be very experienced.

Question 15

What are the rights of audience for a barrister?

Answer 15

Full rights of audience in all the courts of England and Wales.

Question 16

What kind of judge can a chartered legal executive become?

Answer 16

After judicial-appointment eligibility condition for 5 years can apply to be District Judges and Deputy District Judges.

Question 17

What is the criteria for a District Judge (and District Judge - Magistrates’ Court) appointment and in which courts can they sit?

Answer 17

Has met the judicial-appointment criteria for 5 years

County Court (replaced by Magistrates’ court for the latter type)
Family Court

Question 18

What is the criteria for a Recorder appointment and in which courts can they sit?

Answer 18

Has met the judicial-appointment criteria for 7 years

Crown Court
County Court
Family Court

Question 19

What is the criteria for a Circuit Judge appointment and in which courts can they sit?

Answer 19

Has met the judicial-appointment criteria for 7 years

Or is a Recorder already

Or has served as a District Judge (+ Mag Judge) for 3 years already

Crown, County, Family

Question 20

What is the criteria for a High Court Judge appointment and in which courts can they sit?

Answer 20

Has met the judicial-appointment criteria for 7 years

Or has served as a Circuit Judge for 2 years

High Court, Divisional Court of the High Court, Crown, Family

Question 21

What is the criteria for a Lord Justice of Appeal appointment and in which courts can they sit?

Answer 21

Senior judges with lengthy judicial experience

Court of Appeal
Divisional Court of the High Court

Question 22

What is the criteria for a Justice of the Supreme Court appointment and in which courts can they sit?

Answer 22

Very senior judge with lengthy judicial experience

Supreme Court

Question 23

What are magistrates also known as?

Answer 23

Justices of the Peace (JPs)

Question 24

Which qualities must a Magistrate possess?

Answer 24

○ Good character
○ Understanding and communication skills
○ Social awareness
○ Maturity and sound judgement
○ Commitment and reliability

Question 25

Which occupations are excluded from being able to be a Magistrate?

Answer 25

Police officers or CPS lawyers

Question 26

What age must a Magistrate be?

Answer 26

18 to 70 years old (no applications after 65)

Question 27

Who formally appoints a Magistrate?

Answer 27

Lord Chief Justice, who delegates task to Senior Presiding Judge of England and Wales.

Question 28

Who helps the Magistrates with matters of law?

Answer 28

Justices’ clerk (court legal advisors) who do management functions but also advise on changes to the law and sentencing.

Question 29

How many days are Magistrates expected to work?

Answer 29

26 half-day sittings each year - unpaid but expensed.

Question 30

What are the pros and cons to Magistrates?

Answer 30

• Advantages:

○ Cost, cheaper than paid judges
○ Community justice, drawn from local communities and local knowledge provides credibility.
○ Local knowledge, expected to live within 15 miles of their courts.
○ Greater diversity, far more woman and members of ethnic communities than among professional judges.

• Disadvantages

○ No legal training, could lead to bad decisions
○ No legal knowledge, could lead to inappropriate reliance on legal advisors.
○ Still a middle-class bias, with few young magistrates
○ Too trusting, too ready to believe police and convict defendants
○ Become too case-hardened

Question 31

When are juries used?

Answer 31

Primarily in the Crown Court for indictable-only offences.

Occasionally in civil cases where defamation (libel or slander) is alleged.

Question 32

In the Crown Court, the judge deals with one key decision and the jury with the other. What are they called?

Answer 32

Fact-based decisions: Jury

Law-based decisions: Judge

Question 33

What happens if there is a serious danger of jury-tampering (threatening or bribery of jurors)?

Answer 33

The judge can order a Crown Court trial without a jury.

Thanks to s4 Criminal Justice Act 2003.

Question 34

What criteria must a juror meet to be selected?

Answer 34

○ is aged 18–75;
○ is on the electoral register (entitled to vote in local and parliamentary elections); and
○ has been resident in the UK since the age of 13 for at least five years.

Question 35

What will the juror be disqualified for?

Answer 35

○ he or she is detained under the Mental Health Act 1983 or has lost mental capacity;
○ he or she has ever served a prison sentence of five or more years; or

in the past 10 years:

○ has been imprisoned (for any length of time);
○ has served a suspended prison sentence (a form of punishment in the community where failure to comply with certain conditions means a prison sentence will apply); or
○ has received a community punishment order.

Question 36

What is the process of how the court chooses people to be jurors? (Not criteria)

Answer 36

Computer selects eligible people from electoral register.

On day of trial, ballot is drawn for 12 people.

Prosecution and defence can ask questions to determine bias.

They can ask for a juror to stand by, meaning they return to panel.

They can also challenge the whole jury panel if they suspect bias by the court official summoning it.

Judge can remove a juror due to physical or mental incapacity.

Question 37

Can police officers or a CPS lawyer sit on a jury?

Answer 37

Yes, unless the presence of such a juror was perceived to give the appearance of bias.

Question 38

Why should jury discussions be secret?

Answer 38

So convicted defendant don’t threaten jurors.

Also free and open discussion can be had.

Unless juror suspects another juror of contempt of court or a possible offence.

Question 39

What are the pros and cons of juries?

Answer 39

+ Independence against police and state
+ Trial by your peers
+ Ordinary people in justice system
+ Confidence in jury system
+ Occasional acquittal of harsh law cases

• Cost
• Bossy individuals
• Waste of time for skilled people
• Difficult to understand legal concepts
• Publicity
• Secrecy of jury discussions
• Risk of jury-tampering