Civil Judiciary

Question 1

legal professions

Answer 1

solicitors, barristers and legal executives

Question 2

barristers

Answer 2

In England and Wales, most of the 13,000 barristers work independently within chambers, focusing on courtroom advocacy. They follow the ‘cab rank’ rule but can be hired directly in civil cases since 2004, not in criminal or family cases.

Question 3

solicitors

Answer 3

In England and Wales, around 130,000 solicitors mainly work in private practice, focusing on client-related tasks (eg. writing letters). They represent clients in Magistrates’ and County Courts, with some gaining higher rights of audience as Solicitor-Advocates through further training.

Question 4

legal executives

Answer 4

Legal executives, specialized lawyers, perform tasks similar to solicitors but require supervision. With around 20,000 in England and Wales, they can meet clients, prepare documents, give advice, and appear in court with limited rights, all under supervision.

Question 5

barristers regulation

Answer 5

The Bar Council regulates barristers, while the Bar Standards Board handles complaints. Clients can appeal to the Legal Ombudsman for compensation. Barristers cannot sue or be sued for breach of contract but can be sued for negligence.

Question 6

solicitors regulation

Answer 6

The Law Society regulates solicitors, who address complaints internally. Clients can appeal to the Office for Legal Complaints or the Legal Ombudsman for compensation. The Legal Services Act 2007 oversees professional conduct through the Solicitors’ Regulation Authority. Solicitors can sue for unpaid fees and be sued for breach of contract or negligence.

Question 7

legal executives regulation

Answer 7

CILEx governs legal executives and handles complaints through its Regulation Board. The Legal Ombudsman can also address complaints about poor service.

Question 8

the judiciary

Answer 8

The judiciary in England and Wales includes judges from different courts, with varying levels of authority. They serve as impartial arbiters in legal disputes, with some having law-making powers based on their court’s hierarchy.

Question 9

types of judges

Answer 9

The Tribunals, Courts and Enforcement Act 2007 changed judge qualifications. Solicitors and barristers can now apply without prior court experience.

types of judges: Lord Justices of the Supreme Court, Lord Justices of Appeal (Court of Appeal), High Court Judges, Circuit Judges, Recorders (part-time judges).

Question 10

Lord Justices of the Supreme Court requirements

Answer 10

need 2yrs high judicial office or 15yrs as a solicitor or barrister.

Question 11

Lord Justices of Appeal (Court of Appeal) requirements

Answer 11

7yrs legal practice as solicitor/ barrister

Question 12

High Court Judges requirements

Answer 12

7yrs experience or 2 as a Circuit Judge

Question 13

circuit judge requirements

Answer 13

need 7yrs experience, or be a Recorder or District Judge for 3 years

Question 14

recorders requirement

Answer 14

7yrs experience as solicitor/ barrister

Question 15

District Judges in County or Magistrates’ Court requirements

Answer 15

5yrs experience as solicitor/ barrister

Question 16

Lord Justices of the Supreme Court role

Answer 16

The Supreme Court hears about 70 appeals annually, focusing on points of law. Panels of five or seven Lord Justices decide, with their rulings binding on all lower courts.

Question 17

Lord Justices of Appeal role

Answer 17

The Court of Appeal, with 37 Lord Justices, handles more cases than the Supreme Court. Panels of three or five judges, including High Court Judges, preside over cases in both civil and criminal divisions.

Question 18

High Court Judge Role

Answer 18

High Court Judges decide cases at first instance and may hear appeals, mainly from the County Court. In serious criminal cases, they preside over sentencing in the Crown Court while juries determine guilt.

Question 19

circuit judges role

Answer 19

Circuit Judges decide cases in both the County Court and the Crown Court. In the County Court, they decide outcomes, while in the Crown Court, they deliver sentences to guilty defendants and oversee legal matters, leaving juries to decide facts.

Question 20

Recorders role

Answer 20

Recorders are part-time judges who are appointed for a period of 5yrs and mainly sit in the Crown Court.

Question 21

District Judges role

Answer 21

District Judges handle small claims cases in the County Court and preside over criminal cases in the Magistrates’ Court, deciding both facts and law and sentencing guilty defendants.

Question 22

the independence of the judiciary

Answer 22

Judges must stay impartial. Superior judges are protected from government dismissal. Inferior judges can be dismissed by the Lord Chancellor for incapacity or misbehavior, following procedures outlined in the Constitutional Reform Act 2005. The Lord Chief Justice can suspend an inferior judge with the Lord Chancellor’s approval.

Question 23

the separation of powers

Answer 23

The separation of powers theory ensures the distinct roles of legislature (Parliament), executive (Government), and judiciary (Judges) to prevent dictatorship. While judges are meant to be impartial, critics question their true independence from the government.

Question 24

independence from the legislature

Answer 24

Judges usually don’t partake in Parliament’s law-making. Concerns were raised over Law Lords’ involvement in legislation while in the House of Lords. This was addressed by creating the Supreme Court in 2005, with judges relocating in 2009.

Question 25

Independence from the executive

Answer 25

Superior judges are not subject to government dismissal, ensuring their independence. Section 3 of the CRA 2005 mandates that the Lord Chancellor and other ministers must uphold judicial independence.

Question 26

freedom from pressure

Answer 26

Judges’ salaries are protected and paid from a consolidated fund, preventing them from being influenced by the government for pay raises. Theyre immune from lawsuits regarding actions in the courtroom (Sirros v Moore). also , judges have security of tenure, safeguarding them from dismissal or threats of removal.

Question 27

Independence from political bias

Answer 27

Full-time judges must refrain from political involvement.

Question 28

Judicial Inquiries

Answer 28

Judges can lead Judicial Inquiries, like Sir William McPherson in the Stephen Lawrence Inquiry, blurring their independence due to political involvement.

Question 29

parliament

Answer 29

Parliament’s supremacy as the law maker limits the judiciary’s ability to challenge its actions, diminishing claims of judicial independence.

Question 30

advantages of judges being independent

Answer 30

• Security of tenure
• Protected salaries
• Immune from being sued
• Judges cannot be involved in a
political party
• The judges have moved from
parliament to the Supreme Court

Question 31

disadvantages of judges being independent

Answer 31

• Lord Chancellor is still involved in the appointment of judges
• Judges head public Inquiries
• Parliament are the supreme law makers