lay- legal personnel Flashcards
what is a lay people
refers to anyone involved in the judiciary who does NOT have any legal qualifications.
two types of lay people
magistrates
juries
what are magistrate
trained members of the community who volunteer their crime
magistrate must be what
18 to 70
how are magistrates selected
in line with criteria set out by the local advisory committee
what will the selected magistrate go under
interviews to assess their judgement and impartiality
what do magistrates handle
minor criminal offences and preliminary hearings
magistrates are guide by who
legal adviser to provide legal knowledge and expertise
what are magistrates responsible for
Responsible for deciding verdicts and sentences of summary offences (no MR, e,g. Traffic offences or minor assaults)
what can magistrates conduct
conduct initial hearings for indictable only offences before they go to crown court
what are magistrates limit to sentencing wise
to sentencing up to 6 months imprisonment and can issue fines up to a set limit
how are jury members elected
summoned at random
juries must be what (resident)
Must be resident of the UK for at least 5 years since the age of 13
who wont be eligible for jury
serious criminal convictions, severe MH issues or currently on bail)
both defence and prosecution can do what with jury
can challenge a juror if there are concerns of impartiality
what the aim for jury service
Aims to ensure a diverse cross section of society
what are juries mainly used in
serious criminal cases (e.g. Murder, GBH or Rape)
what do the jury determine
Determine guilt based solely on the evidence and testimonies provided within court
what do judges do with jury’s verdict
Judge then imposes a sentence based on the decision of the jury
what a legal executive
people who are legally qualified, e.g. Barristers, solicitors, judges and legal executives
what do barristers do in court
Representing people in court
what do barrister advice
Advising clients on their cases’ strengths and weaknesses and negotiable settlements outside of court
what do barristers prepare
Prepare legal arguments and court briefs
what do barristers regulated
Regulated by the Bar Standards Board (BSB)
what do solicitors with clients
Talk to clients, offering legal advice and drafting documents
what do solicitors specialist in what laws
in areas like family law or property law
solicitors can gain what
Can gain higher rights to audience to represent courts in higher courts (like barristers would)
solicitors are regulated by what
Regulated by the Solicitors Regulation Authority (SRA)
what do legal executives specialise in
stuff like litigation and probate
legal executives can perform what
Perform many similar tasks to solicitors but with a tighter focus
who regulates legal executives
by CILEx
what can legal executives qualify in certain circumstances
roles like District Judge
what is Bar Standards Board (BSB)
Regulates barristers, ensuring independence and ethical conduct
what is Solicitors Regulation Authority (SRA)
Oversees the conduct and professional standards of solicitors
what is CILEx
Governs the conduct of chartered legal executives to ensure proper professional practice
what does district judges hear
Hear more complex civil and criminal cases in both County and Magistrates Court
what do district judges deal with
Deal with matters like bankruptcy and serious offences
what are circuit judges
Operate in the Crown Court and County Court, hearing serious criminal and civil cases
what do circuit judges conduct
Conduct trials by jury for criminal offences
what is a high court judge
Senior judges who preside over serious civil matters in the High Court
what do high court judges deal with
Handle cases related to business, family and complex legal matters
what are CoA judges
Review appeals from lower courts, handling both civil and criminal matters
what are the four separate powers for judges
security of tenure
immunity from suit
separation from the Gov and Parliament
independence from the case
what is security of tenure with judges
Judges have secure positions, preventing their easy dismissal. This ensures impartial decision making
what is immunity of suit for judges
Judges are protected from being sued for their judicial decisions, allowing them to act without concern for personal legal consequence
what is the separation from the Gov and Parliament
Ensures that the judiciary operates independently of the government and parliament, preserving impartiality
what is the independence from the case for judges
Judges must not have any pre-existing interest in a case they preside over to ensure an unbiased ruling
what the principle of judicial independence
is the principle that means the Judiciary must be free from any external influence
what does judicial independence allow judges to do what
This allows judges to make decisions based solely on the law. It ensures fair treatment for all.
what is judicial review
a key component of independence, it gives the courts the ability to review the legality of the actions of public bodies including the government (Proroguing of Parliament 2019).
