English Legal System Flashcards
What are the 2 outcomes of English Law
Guilty
Not Guilty
Who is the defendant
Is the individual being sued by the claimant
Who is the claimant
The individual seeking justice through monetary or non monetary compensation from the defendant
Why should court cases be a last resort
It can be very expensive and even further expensive if you lose the case and end up paying the opposite party’s fees
Mundane matters can be solved through mere negotiation
How do you name a civil case
Name of Defendant v. Name of Claimant
What are the things courts can award
COMPENSATION to damages
INJUNCTION where the court orders the defendant to do something or stop doing something
What If Negotiation Fails
If the other party does not respond to claim despite many attempts it time to take legal action
In this case a solicitor will send a letter to the opposite party outlining the claim
This action is usually enough to lead to some form of bargaining where then an agreement is reached
If this action proves useless the final push is to go to court
Lawyers
Anybody working in law
Solicitors
People in law who are involved with civil cases and administrative maths
Barrister
Someone who represents individuals in court
County Court
Lowest court of the civil system. Mostly where civil disputes begin
High Court
Where larger more complex lawyer claims begin
How many CCs are there around the country
200 County Courts around the country
What types of cases does the CC deal with
Contract and Tort Cases
Recover of Land Cases (Evictions)
Disputes over partnerships trusts and inheritance up to £350K
What are Tort Cases
Where someone is wronged but not in a criminal manner
Where are CC cases heard
They are heard in public by Circuit judges. In some cases a jury of 8 can sit with the judge if it’s a case of defamation, torts of malicious persecution or false imprisonment
Who can represent the claimant and defendant in court
Solicitor or Barrister
Small Claim
Relatively small amount of money sorted usually within a day in the County Court
Fast Track Claims
Slightly Larger amounts of money usually in the County Court
Multi-Track Claims
Large amounts of money usually quite complex and are held in the High Court
Circuit Judge
Lowest form of Judge usually placed in a county court
What are the 3 Divisions of the High Court
Queen’s Bench
Chancery
Family
Queen’s Bench
Over 70 Judges
Deals with contract and tort cases over £100K claims
A single judge presides and occasionally there can be a Jury of 12 in cases of fraud libel slander and malicious persecution or false imprisonment
Chancery Division
Consists of 18 Judges
Deals with insolvency cases enforcement of mortgages copyright and patent cases intellect property rights
A single judge presides
Family Division
19 Judges
Deals with family cases where there might be disputes about which country’s laws apply for family matters under The Hague Convention
Also deals with applications for Habeus corpus where a child’s liberty is involved
Appeal
When a decision is made in the lower courts where that decision can be reversed in the higher courts
Hierarchy of Courts
Supreme Court
Court of Appeal
High Court
County Court
Are appeals automatic
Appeals are not automatic therefore there needs to be a valid reason before an appeal is heard
What is the one condition where Criminal Appeals end up in the Queen’s Bench
When a point of law has been overlooked or got wrong
Commercial Court
Has specialist judges that deal with insurance banking and other commercial matters
Admiralty Court
Deals with disputes at sea
Cases Dealt by family division
Decrees relating to divorces
Adoption
Aspects of Domestic Violence
Financial Support of a child after the fall of a relationship or divorce
Probate
Where a person dies and does not leave a will therefore requiring the aid of the legal system to fairly divide the deceased assets amongst the family
IPEC
Intellectual Property Enterprise Courts
How to start a court case
In the first instance pre action protocol must be followed:
A letter is sent out detailing the claim which the defendant has 3 months to respond to
In an ideal situation of evidence is needed a legal expert should be agreed upon by both parties to look at evidence
If these conditions are not met by the opposite party then the only option is to go to court
Which Courts to use
For claims under £100K the case will start in the CC. If the outcome is not satisfactory an appeal will be issued to the High Court. An exception are personal injury cases over £50K and defamation of character cases where these would go straight to the HC. The High Court is where the large more complex cases are dealt with over £100K.
How are claim costs figured out
It is dependant on the size of the claim. At the lowest is £35 and highest in the CC is £455. For claims over £200K the fee is £10K
Which court to issue a claim to
If you are claiming in the CC you can choose from 200 CCs in the country. If you are going to the high court you either file it at one of the 20 District Registries or at the HC directly in London
What are the things a defendant can do when they receive a claim
They can:
Admit the claim and settle
Send an acknowledgment of service form (N9) within 14 days and his defence within an extra 14 days
Ignore. This is called a default and in this case the claimant can ask the court to order the defendant to pay the claim and costs
Small Track
Disputes under £10K
Fast Track
Disputes between £10K - £25K
Multi Track
For cases over £25K
Advantages of small claims
Low Costs
You can take the case yourself
Procedure is quick
Disadvantages of small claims
There is no legal aid
Only 60% of claimants actually receive all the money awarded
If the other side is a business they are more likely to use a lawyer
When are Fast and Multi track cases heard
Within 30 weeks
How long do Multi Track cases last
Often longer than 1 day
House of Lords
Used to be the highest court
Supreme Court
The highest court in the England
What were the highest judges called
The Law Lords however are referred to as the Supreme Court Justices
Civil Division Court Hierarchy
Supreme Court
Court of Appeal
High Court
County Courts
Criminal Division
Supreme Court
High Court
Crown Counts
Magistrates Court
The Woolf Reforms
Lord Wolfe wrote a report called ‘Access to Justice’ in 1996. Woolf argued that the civil courts were not delivering justice in a fair or accessible way
Lord Woolfe’s proposals
Extending small claims up to £3000
A fast track for straightforward cases of moderate value
A multi-track for cases of £10,000
Encouraging the use of alternative dispute resolution
Giving Judges more of a responsibility for managing cases
Simplifying documents and proceedings
Successes of Lord Woolfe’s proposals
Cooperation between parties is improving
Increased rate of settlement in cases
Less Delay
Judges now more active in cases
More emphasis on keeping costs proportionate
What has yet to be achieved or Lord Woolf’s Proposals
Costs are still relatively high
Further Reforms
Level of personal injuries claims likely to rise from £1K-£5K
Change in the civil procedure rules
Lord Briggs 2018 proposals
Setting up out of hours mediation service in the CC
Setting up online court
Appeals in Civil Cases
If the case was heard by a District Judge in the CC then the level of Judge would go up to Circuit Judge. If an appeal is then issued after that the case would move up to the High Court then,Court of Appeal and then ultimately the Supreme Court
Second Appeals
Only granted to the Court of Appeal or if very important case it takes a leap frog into the Supreme Court
Advantages of using courts
The process is fair where everyone is treated alike
The trial is conducted by a legal expert with decision made by a qualified lawyer
It is possible to get legal aid
Disadvantages of using courts
Costs-the cost of filing a claim and the court process is costly
Delay-there a preliminary stages to go through that add to the length of the case. Claims may take up to 30 weeks to merely look at the case
Uncertainty-there is no guarantee of winning a case
Precedent
Decision taken on a case in the Higher courts that when a similar case appears in the lower courts they must follow that decision
ADR
Alternative Dispute Resolution
Litigation
Pursuing a legal case
Inquisitorial Questions
Questioning in a harsh and intensive manner
Levels of ADR
Negotiation
Mediation
Conciliation
Arbitration
Tribunals
Litigation
Negotiation
Parties themselves
Mediation
Parties with the help of 3rd parties
Conciliation
Parties with the help of a neutral 3rd party who actively suggests solutions
Arbitration
Parties agree to let 3rd party make a binding decision
Tribunals
Parties go to a tribunal where a panel of independent people make the decision for them
Litigation
Parties go to court and judge decides the case
MIAM
Mediation Information and Assessment Meeting normally used in family cases
ACAS
Advisory Conciliation and Arbitration Service for disputes between employers and employees
Pros of Negotiation
It can be conducted by the parties themselves
Cheapest method of resolving a dispute
Can include agreement in future business deals
Cons of Negotiation
It may not be successful
Not suitable for antagonistic parties
Prolong issue as there may need to be repeated attempts
Pros of Mediation and Conciliation
Parties are in control can withdraw at any point
Based in business common sense
Makes it easier for companies to do business in the future
Cons of Mediation and Conciliation
No guarantee the matter will be resolved meaning you may have to go to court
Requires skilled mediators or conciliators
Arbitrator and the hearing itself
Depending on what is agreed there may be 1-3 arbitrators. The method of choosing an arbitrator is up to the 2 parties. If dispute involves a point of law a lawyer may be appointed. Hearings can either be in paper where the arbitrator reads everything and then comes to a conclusion or a face to face meeting. Witnesses can also be called. The arbitrators final decision can be legally binding
When were tribunals first established
In the second half of the 20th century
What was the reason for tribunals
As a means to enforce people’s social rights - sex/age/race/discrimination/unfair dismissal
Are tribunals a part of the court structure
They reside alongside the court structure but are not a part of it
Are tribunals formal
They are not as formal as courts
Tribunal Structure
Courts and Enforcement Act of 2007 reformed the old tribunal system and created a 2 tier system
First Tier Tribunal
Handles 600k cases a year. Nearly 200 judges and 3600 lay members.
Different divisions known as chambers
What are the different tribunal divisions
Social Entitlement Chamber
Health Education Social Care Chamber
War pensions and armed forces compensation chamber
General Regulatory chamber
Taxation chamber
Land property and housing chamber
Asylum and immigration chamber
Upper Tribunal
Hears appeals from the first tier tribunal
4 chambers
There is a further appeal route to the court of appeal and from there to the Supreme Court
Procedures at tribunals
Usually presided by one judge. They may be assisted by some non lawyer who are experts in their fields depending on the type of tribunal.
Formality depends in tribunal but both sides are given an opportunity to have their say
Pros of tribunals
Cheaper
Quick hearings
Informal
Expertise
Cons of tribunals
Lack of funding
More formal than ADR
Delay
What does ODR stand for
Online dispute resolution
What is ODR
Is a method of resolution where technology is used in low value civil cases as going to a traditional court can be very expensive for most people
CPS
Crown Prosecution Service
PACE
The Police and Criminal Evidence Act 1984
What were the PACE codes of practice
Stop and Search
Arrest
Detention
Investigation
Identification
Interviewing detainees
What are the classes of offences
Summary
Triable-either-way
Indictable Offences
Summary
Least Serious eg driving offences,common assault,minor criminal damage.
Always held in the Magistrates Court
Triable-either-way
Middle ranged crimes eg theft,assault causing actual bodily harm
Held in either Magistrates Court or in the Crown Court
Indictable
Most serious and always tried eg Murder,Manslaughter,Rape
Always held in the Crown Court and upwards
What are the 2 questions the CPS must ask before charging someone
Is there strong enough evidence and realistic prospect of communication?
Is bringing the case to court in the public interest?-Seriousness,culpability etc
Preparing the Case
Once the defendant has been charged a team is then assigned the case. They are also encouraged to make a Victim Personal Statement
What does the Victim Personal Statement include
Has the suspect been charged or not
Be informed of the time,date and location of hearing
Be informed of any outcome of the hearing
What to expect if victim is giving evidence
Support from the witness care unit
Have a court familiarisation unit
Enter and exit court from different entrance and sit in a separate waiting area
Meet and discuss the case with the CPS prosecutor
Prosecution
The institution and conducting of legal proceedings against someone in respect if a criminal charge
Who presents the case in the Magistrates Court
The prosecution case is presented by a CPS lawyer who acts as Crown Prosecutor. It can also be put by specially trained lay people who act as Associate Prosecutors
Who presents the case in a Crown Court
The case is presented by a Crown Prosecutor with an appropriate advocacy qualification or by an agent and independent barrister and solicitor
Advantages of trial in court
More likely to be acquired during a crown court trial
More likely to receive legal aid if you’re poor and sent to the Crown Court
Disadvantages of trial in court
Time/Long Wait
Costly
More likely to have media coverage
Criticisms of trial in court
Lack of efficiency with come cases eg not ready to proceed in the day of trial
Some cases may be discontinued due to lack of evidence and failing public interest test
Bail
Is the practice of releasing a person either from police custody or whilst they’re going through courts
Custody
Refers to a prison sentence
Reasons bail can be denied
Risk of failure to surrender to custody
Likelihood of committing another offence
Possibility of interfering with witnesses
Nature and seriousness of the offence
Character and past record of the accused
What are the aims of sentencing
Punish the offender
Reduce and deter crimes
Reform and rehabilitate the offender
Protect the public
Retribution
Refers to vengeance
How does retribution work
The punishment should fit the crime
There must be a sense that society and the victim are avenged
Determining the offence category
Category 1
Category 2
Category 3
What is a category 1 offence
Greater harm and higher culpability
What is a category 2 offence
Greater harm and lower culpability or lesser harm and higher culpability
What is a category 3 offence
Lesser harm and lesser culpability
What are the category ranges
Category 1
Category 2
Category 3
What is a category 1 range
1 year 6 Months custody
1-3 Years custody
What is a category 2 range
26-51 Weeks in Custody
Low Level Community Order
What is a category 3 range
Band A Fine
Medium-High Level Community Order
Denunciation
Where society expresses it disapproval towards an act
Deterrence
The threat of punishment
Ways of protecting the public
Long Custodial Sentences
Tagging
Rehabilitation/Reform
An act that aids someone to change their ways
Examples of rehabilitation and reform
A drug abuser. May be sent to a facility to detox or an educational programme
Pre-Sentence Report
Individualised sentences where the defendant’s history is taken into account
Factors in determining a sentence
Aggravating Factors
Mitigating Factors
Aggravating Sentence
Factors that worsen the case eg newly discovered evidence
Mitigating Factors
Factors that lessen the case
2 Factors in determining a sentence
What were the factors surrounding the offence?
Was the victim attacked by a group/was the victim vulnerable
What might a court Impose a lighter sentence
Did the offender cooperate with the police
Did they help identify others involved in the crime
Did they have a mental illness
A physical illness
Any previous convictions
Did they show genuine remorse
Guilty Plea Guidelines regarding sentencing
At the first reasonable opportunity=1/3 off sentence
After the trial date has been set=1/4 off sentence
Door of the Court=1/10 off sentence
Mandatory life sentence
The only sentence a judge can impose for murder
What cases can full life sentences be issued
The murder or abduction of a child with a sexual motive
A murder done for political,religious,racial or ideological reasons
Types of custodial sentences
Discretionary Life
Fixed Term
Suspended
Discretionary Life
For an offence causing grievous bodily harm with intent. Judge can give lesser sentence depending on the circumstances
Fixed Term Sentences
Depends on the nature of the crime. Only offender over 21 are affected. Prisoners are automatically released when half of their sentence is served
Suspended Sentences
These can be issued on the understanding that if the offender does not commit another offence over a certain period of time they will not have to serve a prison sentence. However if they do reoffend they will be sent back to prison to serve the first and second offence
What can the Criminal Justice Act 2003 allow the court to impose
One of multiple of the following sentences:
Unpaid Work
An activity requirement
A programme requirement
Curfew requirement
A drug rehab requirement
What kinds of cases to Magistrates deal with
Summary
Triable either way
Indictable
Summary Trials
Least Serious criminal offence
Series of fines ranging from £200-£5K
Maximum Prison Sentence up to 6 months eg driving offences and shoplifting
Paths of a Guilty plea
Guilty
Not Guilty
If pleads guilty
Prosecutor outlines the facts of the case
Past records
Extra Information eg: reports
Mitigation
Sentence
If pleads not guilty
Trial with prosecution evidence and defence evidence
Decision by Magistrates
Guilty/Not Guilty-Sentenced or Let go
What happens if defendant pleas guilty in the Crown Court
It will be heard by a Judge
What happens if defendant pleas not guilty in the Crown Court
It will be heard by a judge AND jury
The pre trial schedule
The indictment is formally set out
Prosecution and defence disclose any evidence to use at the trial
Defence give a written statement to the prosecution
Plea and trial preparation hearing will occur
What is Plea and Trial Preparation hearing (PTPH)
This identifies issues and sets out the timetable and decides whether further case management hearing will occur
Case stated appeals
These are special appeals where the defence believes the original trial Magistrate or judge made a mistake about the law. These are referred to the Administrative court and heard by 2 high court judges
The Appeals Route
Begins with a trial at Magistrates Court
If appealed to the crown court it will be defence only
If case stated appeal it will go to the Queens Bench
From there it makes it way up to the Supreme Court
Quash
To set aside and void
What can the prosecution appeal against
A judges’s ruling
A acquittal
Point of law or against sentence
Against a judge’s ruling
the trial judge can stop a case if ruling on point of law
Against acquittal
Only 2 limited situations in which the prosecution can appeal against acquittal:
-Evidence of jury nobbling
-New and compelling evidence has arisen
Referring a point of law
Where the judge may have made an error in explaining the law to the jury, the prosecution have the right to refer to a point of law
Against the sentence
if attorney general thinks the sentence is unduly lenient they can refer this to the court of appeal
Double Jeopardy
The rule which states that a person couldn’t be tried on the same offence even if they have been tried in the past
The Criminal Cases Review Commission (CCRC)
is the statutory body responsible for investigating alleged miscarriages of justice in England Wales and NI
Lay Magistrates
Are non-legally qualified members of society. They are also referred to as the Justices of Peace. There are 17,500 in England and Wales. Sit in a bench of 2 or 3. If there is a single magistrate their powers are limited. Must be ages 18-65 on appointment but can serve till the 70s. Must live and work within their allocated local justice area. Unpaid apart from expenses. Must commit to sit 26 and a half days a year
Who is barred from becoming a lay magistrate
People with serious criminal convictions
Police Officers
Traffic Wardens
The hearing impaired
Undischarged Bankrupts
Members of the forces
6 Qualities of lay magistrates
Good Character
Understanding and Communication
Social Awareness
Maturity and Sound Temperament
Sound Judgment
Commitment and reliability
Selection and Appointment of Lay Magistrates
There are about 700 appointments each year which are made by the LORD CHIEF JUSTICE who delegates to a SENIOR PRESIDING JUDGE. Recommendations are made by a local advisory committee. Members tend to be ex-justices of peace, a maximum of 12 members with a mixture of mags and non-mags.
2 Stage Interview process. First interview is mostly is about candidates attributes. The Second Interview is about judicial aptitude. Successful candidates have their names submitted by a panel to the Lord Chief Justice who then makes appointments. The aim is to recruit a panel as broad as society. There are 11 categories
Magistrates in Criminal Cases
They send the most serious offences to the Crown Court. Magistrates decide if the defendant should be:
Kept in custody
Let put on strict conditions
What kind of crimes to mags deal with
Minor assault
Motoring offences
Theft
Handling stolen goods
What kind of punishments to magistrates give
Fines
Unpaid work in community
Prison up to 6 months
Composition of the bench
53% are women
11% are from ethnic minorities
4% have a disability
Role of magistrates
Deal with preliminary: Early Administrative Hearings, Remand Hearings and Bail Applications
Hold trials where defendant has pleaded not guilty and sentence when they plead guilty
Mags can also hear youth cases however must be specially nominated to carry out these hearings
Training to be a magistrate
Supervised by the Magisterial Committee of the Judicial College
These trainings add up to about 21 hours or 3 and a half days
The training could take place over:
.a long weekend
.weekdays
.short evening sessions over several weeks
Three Parts to the Syllabus:
1. Initial Introductory training- the role and responsibility,duty,administration etc
2. Core Training-acquiring and developing the key skills of a competent magistrate
3. Activities-observations of court sittings,visit to a prison,probation office etc
Three Parts to the Magistrate syllabus
Initial Introductory training
Core Training
Activities
Initial Introductory Training
The role,responsibility,duty and administration
Core Training
Acquiring and developing the key skills of a competent magistrate
Activities
Observation of court sittings,visit to prison,probation office etc
Magistrates Clerk
Legal advisor to the bench and deals mainly with admin,issuing warrants for arrests,criminal proceedings and dealing with Early Administrative Hearings
Pros of Lay Magistrates
Represents a Cross Section of Society
Good Local Knowledge
Cost
Training
Cons of Lay Magistrates
Middle Aged Middle Class
Inconsistency in sentencing
Reliance on the clerk
Prosecution Bias
Jury Nobbling
The actual or attempted influence on one or more of the jury members
Bushell (1670)
Several Jurors refused to convict Quaker activists of unlawful assembly. The trial judge would not accept the not guilty verdict and ordered the jurors to resume deliberations without food and drink. The court fined them and committed them to prison until fines were paid. The outcome of this case is that jury must be free to make their own decisions guilty or not guilty
McKenna (1960)
The judge at the trial threatened the jurors that if they did not return to the verdict within another 10 min they would be locked in prison all night
Jury Qualifications
Randomly selected from the electoral register
Under the Juries Act 1974 to qualify for jury service a person must be:
.between 18 and 75 years old
Registered to vote in parliamentary or local government elections
A registered citizen in the Uk,the Channel Islands or Isle of Man
Jury Disqualifications
People serving life sentences
Detention during her majesty’s pleasure
Imprisonment for public protection
An extended sentence
A term of imprisonment for 5 or more years
Mentally Disordered Persons
Lawyer and Police officers
Discretionary Excusals
Members of the serving forces
Those too ill to attend or a disability
Mothers with young babies
People with business appointments
People who booked a holiday
What can non-attendance to jury without a reason result in
An £1000 fine
Lack of capacity and deaf jurors
Blindness or lack of English language ability does not automatically excuse you however you will be discharged if you prove to be a hindrance
Deaf Jurors would require sign language interpreter which is not allowed
Vetting and Challenging selection of the jury
Routine police checks are not standard procedure however can be requested by defence and prosecution
Vetting a juror’s background can also be taken into account if there’s potential conflict of interest
R v Crown Court at Sheffield ex Parte Barlow (1980)
Ruled that police checks are an invasion of privacy
R v Mason
Permitted as it was ruled that sitting on the jury with a criminal conviction is an offence
Reasons to challenge a jury
To the array
For the cause
Prosecution right to stand by jurors
To the array
Section 5 Jury Act. A challenge to the whole jury on the basis that it has not been chosen in a representative way
For the cause
When the right of an individual juror can be challenged for instance if they have been disqualified or are related to a witness or defendant
Prosecution right to stand by jurors
Only prosecution can use this. One juror can be put to the end of the list and will only be used of there are not enough jurors. No reason needs to be given
Jury’s Role in criminal cases
Split function
Split function
Where the judge decides the points of law and tells the facts to the jury. The judge can direct the jury however their decision is final
Majority Verdict
Although unanimous verdicts are preferred if at least 2 hours have passed, the judge can call the jury back in and accept a majority verdict.
Why was majority verdict introduced
To prevent jury nobbling
How does the majority verdict work
It states that 10:2 or 11:1 majority is allowed on a full jury of 12, anything less and only one can dissent
Advantages of using juries
Public Confidence
Jury Equity
Open system of justice
Secrecy of the jury room
Impartiality
Public Confidence
The right to be tried by one’s peers is a bastion of liberty
Jury Equity
Do not have to give reasons for their verdict and can judge based on their own ideas of fairness
Open system of justice
Public are involved and the entire process is public
Secrecy of the jury room
Discussions are confidential and protected from external influence
Impartiality
Not connected to anyone in the case. Eliminates bias
Disadvantages of using Juries
Perverse Decision
Secrecy
Exception
Jurors and the internet
Racial Bias
Jury Tampering
Perverse Decision
Where jury ignores evidence and gives a wrong decision
Secrecy
No way to know if jury truly understood the case
Exception
2 Exceptions Court will inquire:
.first is where jury is asked to take an oath to try case according to the evidence
.second is extraneous material has been introduced into the jury room
Jurors and the internet
Jurors decisions may be influenced by media and people in the internet therefore making a false and biased decision
Racial Bias
Some jurors have prejudices about others therefore may give a false verdict convicting the defendant due to the race and appearance
What do solicitors do
Specialising- either general or in a particular field
Conveyancing- buildings, houses and land
Advocacy- representing in court
The Law Society
Is a body which represents all solicitors in the UK and in order to practice you must be recognised and registered member
Complaints against solicitors
Solicitors can be sued for negligence and for providing a poor service
Where do you refer complaints against a solicitor
Can be referred to a Legal Ombudsman
Complaints against a Barrister
Can only be sued for negligence on the grounds that they have provided incorrect advice about the law
Griffifths v. Dawson (1993)
Solicitors can be sued for negligence
What do ombudsman do
Have the authority to investigate complaints in behalf of citizens who feel they’ve exhausted all other avenues of complaint. They have authority to issue fines to get compensation from the firms that have been complained about
Work of a Barrister
Work independently and usually work from a set of chambers. Most advocate in court. Barristers can be approached by a client directly or a solicitor on behalf of a client. Barristers cannot turn down a case if they are free but can only turn down a case if it requires further investigation
What is the professional body of barristers called
The General Council of the Bar
4 Inns of Court
Gray’s Inn
Inner temple
Lincoln’s Inn
Middle Temple
What do you need to pass to become a barrister
The Bar professional training course and a 12 month pupillage (on the job training)
Pro-Bono
Legal advice or representation provided free of charge by legal professionals
Can Rank Rule
Is the obligation of a barrister to accept any work in a field which they profess the,selves competent to practice
The General Council of the Bar
Promotes fair access to justice for all equality and diversity as well as business opportunities at home and abroad
Legal Executives
Candidates take the Chartered institute of legal executives (CILEX)
Must have completed a legal degree recognised by the Solictors Regulation Authority (SRA)
Or have completed a common professional examination (CPE)
Or graduate diploma in law (GDL)
2 types of judges
Inferior and Superior judges
Inferior Judges
Judges that serve in courts below the high court ie: District Judges, Assistant Recorders , Circuit Judges
Superior Judges
All judges who serve in the high court and above ie: HC Judges, Lord Justices of Appeal and Supreme Court Justices
District Judges
Sit in the county court and deals with civil cases. At least 5 years legal experience required
Assistant Recorders + Recorders
Part-time judges who sit in the crown court for 20 days in a year. Must be qualified as a solicitor or barrister
Circuit Judges
Sit in county courts or crown courts. 2 different routes to qualify either 7 years audience experience or have been a recorder
High Court Judges
Knighted in appointment. To qualify must have advocate for at least 7 years within HC or have been a circuit judge for 2 years
Lord Justices of Appeal
Sit in the court of appeal and divisional court. Usually appointed from HC judges
Supreme Court Justices
Usually appointed from the Lord Chief Justice but can qualify either as practitioners with 15 years experience or having held high judicial office for 2 years. Sit in the SC
The Judiciary
Their role is to make decision in a far and unbiased manner. General judges barristers or solicitors.
How does the Judicial Appointments Commission work
Is responsible for selecting over 500 people each year for judicial pasts. They advertise selection through website, email and newsletters. Appointments are made solely on merit. The commissions is entirely responsible for assessing candidates and appointments. The commission must consult with the Lord Chief Justice
Judicial Qualities
Intellectual Capacity
Integrity
Independence of mind
Sound judgment
2005 Constitutional Act
Initiated by tony Blair and was the separation of the House of Lords and Parliament
Judicial Selection Process
All Candidates fill in application forms
All applicants must do an online qualifying test
Candidates are then short listed on basis of performance
Candidates chosen are brought forward for interviewing
The commission then selects those appointed and recommends to the Lord Chancellor
Retirements of Judges
The Judicial Pensions and Retirement Act 1993 made the ordinary retirement rate 70
Anyone over 75 is forbidden to commit any judicial roles
Exception is Lord Chancellor
Removal From Office
DJs, Recorders and CJs can be dismissed by the Lord Chancellor for incapacity or misbehaviour
HCJs, Lord Justices and Supreme Court Judges can only be removed from office at the request of House of Parliament
What is the primary duty of a Judge
To ensure a fair trial through following rules, evidence and procedure
Role of a judge in criminal trials
Cases are adversarial with proof beyond reasonable doubt. Only deals with points of law and determines the fate of the defendant
Roles of judge in civil cases
Active in managing cases
Must encourage ADR
Hear cases and decide whose evidence is most compelling via application of law
Role of judge in an appeal case
Simply interpret the law and decide whether the original trial was conducted properly
Who carries out the training and quality control of judges
Judicial Studies Board
Separations of Power
The institutions of power government, Parliament and judiciary must be seperate
Three Primary Functions of the state as identified by Montesquieu
The Legislative- is elective by people to make the law (acts)
Executive- the Prime Minister and the cabinet
Judiciary- can make laws
Statutory Laws
Passed by Parliament
Common Law
Laws passed by judges
Judicial Review
Where you can sue the government or any public body
Neutral
The judge will not take sides in a case but will rather listen to evidence and what the law actually says
Judicial Appointment Committee
Makes suggestions or appointments based on the quality of candidates and whether they would make a good judge or not
CCSV v. Minister for the civil service
Anyone working in or for intelligence would not be allowed to be a part of the trade union. This was challenged in the basis that is was unlawful. The court supported the government in this case on the basis that the government acted within the law
DPP v. Hutchinson
The greenham common case where the government after 7 years of running an anti-nuclear camp tried to bring in a local law to break up camps on that road. It was decided the government acted outside their power
Why do people need legal aid
Lack of Knowledge
Fear of lawyers and dealing with legal personnel
Cost of a solicitor
The Legal Aid Sentencing and Punishment of Offenders Act 2012
Set the following guidelines:
The cost/benefit may be obtained from the claim
Availability of resources
Availability of other services such as mediation
Means Testing
Is a sum calculated by taking your income, costs and disposable income in order to calculate whether you are eligible for legal aid or not. People on certain types of benefits qualify. Also takes into account disposable capital ie stocks and jewellery
Problems with finding in civil cases
Lack of publicity funded solicitors and legal firms
Areas of the country which lack legal expertise
Eligibility Fees
Defamation of character
Is the public tarnishing of someone’s image
Libel
Where somebody makes a false statement about another that could have potentially damaging consequences to reputation or career
Access to justice from other sources
Trade Unions
Law Centres
Bar Pro Bono Unit
Public Acess
Training of Barristers
Consists of 3 Stages:
Academic- A-Levels or Equivalent/ Law degree or a GDL
Vocational- BCAT (Bar Certified Aptitude Test) and be apart of the 4 inns or court
Professional- 12 month pupillage segmented into 2 components
Training of solicitors
Consists of 3 stages:
Academic-A-Levels or Equivalent/ Law degree or a GDL
Vocational- Legal Practice Course
Professional- Obtain a training contract with a legal firm, CPS or the local authority
Public Access
Allows a person to go directly to a barrister for advice but only if the matter is not publicly funded
Law Centred
Offer free advice and specialise in social welfare law. They tend to be in areas where there is a shortage of Legal practices
Bar Pro-Bono unit
Situated in London and offers free advice in most areas of law
Trade Unions
Offer free advice in some cases such as personal injury
