Legal Professionals Flashcards
Which Act is reserved legal work governed by
Legal Services Act 2007
(Reserved legal work can only be carried out by a qualified lawyer and regulated by an approved regulator eg. SRA or supervision of authorised person)
Examples of reserved legal work
- conveyancing
- litigation
- advocacy (speaking on someone’s behalf in court)
- probate
- oaths administration
Contentious v non-contentious
- dispute and intend to start legal proceedings
- no dispute but parties require legal representation to make sure their interests are protected
Solicitors rights of audience
Qualified solicitors have automatic rights to
- tribunals
- mags
- county court
- coroner’s court
Cannot exercise rights of audience in senior courts until complied with additional training and obtained ‘higher rights’
Solicitor qualification routes
SQE examination
- must have a degree in any subject
- pass both stages of SQE
- 2 years qualifying work experience
- pass character and suitability requirements
A law firm may sponsor you and you can get a legal apprenticeship
- paralegal (2 year)
- chartered legal executive (5 year)
- solicitor (6 year)
Paralegal
Umbrella term for person who carries out legal work but not legally qualified
- cannot carry out reserved legal work unless supervised by authorised persons and regulated by SRA etc
Chartered Legal Executive
- completed all qualification at CILEx
- not authorised person so would need authorised person supervision unless they are a practitioner regulated by CILEx regulation
Barristers right of audience
Once qualified they have full rights in all senior courts
Barristers qualification routes
- law degree
- successful vocational training (the bar)
- being called to the Bar by an Inn of Court
- 12 months pupillage (supervised on the job training)
What are barristers
- qualified lawyers and authorised persons (most are specialist advocates)
- regulated by Bar Standards Board
- majority self employed
Why instruct a barrister
- specialist advocacy
- complex litigation documents
- clients no longer have to go through sols to instruct a barrister
Barrister: Cab Rank Rule
Barrister must accept any case referred to by a solicitor provided it is in their area of practice, they are available and a reasonable fee is payable
- designed to ensure all Ds can be represented in court and protects barrister if they represent someone bad
Fusion of Professionals
Bar Council and Law Society argued against it despite it being cheaper and widely done in other countries
Good to keep separate as:
- detachment from clients means an objective approach
- barristers can specialise efficiently as their overheads are lower
- public aren’t aware of service barristers provide so need solicitor’s guidance
- public interest lies in access to justice
Judicial Assistants
Appear in:
- High Court
- CoA
- Supreme Court
- assists judges
- aimed at qualified barristers/sols early in their career
Court Ushers
- make sure everyone in a case knows their responsibilities
- make sure everyone attends
- liaises between parties and the judge
Qualified legal advisors
In Mags to support magistrates
Court Clerks
Assist judges with procedures and admin
- also appear in senior courts
How are judges appointed
General:
- after application, online testing, interviews, selection days
- judges appointed by Judicial Appointments Commission
- 5/7 years post qualification experience
CILEx fellow can apply for judicial posts up to District judge in county or mags court
- non qualified specialists can be lay tribunal members
Constitutional Reform Act 2005
JAC under statutory obligation to select candidates based solely on merit, select people of good character and have regard to need to encourage diversity
4 underrepresented groups in judiciary:
- BAME
- women
- disabled
- solicitors
Example of something JAC do to encourage diversity
Tests are blind marked automatically and therefore are name-blind
Judicial diversity stats
JAC 2019:
- 32% judges women
- 23% CoA judges women
- BAME representation similar to population
10% compared to 11%
Judicial Independence
Judges make decisions independent of any external pressure like politics etc
Provisions to ensure: payment of salary, independent judicial appointments process, judges cannot be members of political parties or hold political appointments, judges may not decide where they have personal interest, judicial decisions tainted by bias may be overturned
Evolution of Juries
Started as witnesses providing evidence on local matters then moved to deliberating evidence
- used in no more than 2% of cases
Juries are used when?
Crown court
- when D pleads not guilty to indictable offence
- triable either way where D elects trial in front of jury
Jury process
- both sides make their case
- judge sums up issues and legal principles
- judge can direct a jury to acquit, but not convict (R v Wang)
- jury retired to consider a verdict based only on evidence in court
Jury Equity
- jury making decision based on what they think is fair rather than the law
- eg. R v Ponting - clear D was guilty
- eg. R v Gilderdale- mother helped child suffering die
Verdicts
- should be unanimous but judge can accept majority verdict (10/12) after considerable deliberation
- foreman must announce number agreeing/disagreeing
- don’t have to give reasons for verdict
What did Lord Denning argue about juries
Case of Young- ouija board
Some jurors are incompetent (selection of jurors are too wide)
Disadvantages of juries
- incompetent
- compulsory service so may have bad attitude
- lack of reasons
- bias Sander v UK racial comments
- cost/time
Advantage of juries
- healthy and democratic
- accurate reflection of facts as most criminal issues involve ‘reasonable man test’
- separation who decides the law and who decides the facts
Eligible if (S1 Juries Act 1974)
- on electoral register
- 18-75
- UK resident for 5 years from the age of 13
Ineligibility
Mentally disordered persons ‘liable to be detained’ under Mental Health Act 1983
Or resident in hospital on account of mental disorder
Disqualification
Schedule 1 Juries Act 1974 amended CJA 2003:
- 5+ years in prison disqualified for life
- under 5 or suspended sentence 10 year disqualification
- convicted offences under S20A disqualified for 10 years
- person on bail
Excusal from jury service
- served jury in past 2 years
- member of armed forces
Deferral from jury service
At discretion of Central Jury Summoning Bureau
If they show ‘good reason’ like an exam, child care
Jury Selection
- randomly selected electoral register
- no right to multi racial duty to protect randomisation
- white paper suggesting recommendations where race should be taken into account 2002 was rejected
Confidentiality principle in juries
Juries Act 1974 makes it an offence for a person ‘intentionally to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations’
When jury discussions can be spoken about
CJCA 2015 allowed CoA to hear evidence of events jury decision when there is a ‘serious irregularity’ which is enough to bring conviction into doubt
S15 Juries Act 1974
empowers judge to order members of jury to surrender electronic communications devices if necessary or expedient in the interests of justice
S20A Juries Act 1974
- offence to intentionally conduct research into a case during trial period
- offence to intentionally disclose information obtained during prohibited research with other jurors
Laymen: Magistrates
- known as justices of the peace
- no legal qualifications but supported by qualified legal advisors (Justice’s Clerks)
- mags require practical training
- 3 mags one chair and two wingers on a bench
- serve 26 half days a year
- can hear appeals in Crown (2 of them with a judge)
- ## provided with decision making and sentencing guidelines
Mags: legal advisors
Make sure procedures run smoothly
- manage court schedules
- make sure evidence ready
- advise Mags
- read charges
- deal with legal aid applications
- research legal issues and stats
- train staff and mags
Appointment of Mags
- appointed by Lord Chancellor on recommendation of Local Advisory Committee
- approval then requested from Lord Chief Justice
- must meet 6 criteria: good character, understanding and communication, social awareness, maturity, sound temperament, sound judgement, commitment and reliability
- those who work in legal sector cannot and people guilty of serious crime or some minor offences within last 5 years
Mags vs Crown
Mags:
- less expensive
- hear all evidence even if successfully excluded
- less time
- less severe sentencing
Crown:
- high acquittal
- voire dire
