The Personnel of the English Legal System Flashcards
Who headed the Court of Chancery?
The Lord Chancelor
Appointment
s2 Constitutional Reform Act 2005 states that the Lord Chancellor is appointed by the Queen following a recommendation by the prime minister. The prime minister may take what into account?
- experience as a Minster
- experience as a member of either houses of parliament
- experience as qualifying practitioner
- experience as a teacher of law
- other experience that the prime minister think is relevant
What is the role of the Lord Chancellor?
The Lord Chancellor is a member of the Cabinet and, by law, is responsible for the efficient functioning and independence of the courts
- protecting the rule of law
- human rights
- overall strategy on criminal justice
What is the role of the Secretary of State for Justice?
- the courts
- prisons and probation
- legal aid
Which Court will a Circuit Judge sit at?
Crown Court
County Court
Family Judge
Which Court will a High Court Judge sit at?
High Court
Crown Court
Family Court
Divisional Court of the High Court
What Court will a District Judge sit at?
Magistrates
Family
County Court
FACT
List of Judges in descending order.
Justice of the Supreme Court Lord of Justices of Appeal High Court Judges Circuit Judge Recorder District Judge (Magistrates) District Judge
What Court will a Recorder Judge sit at?
Crown Court
County Court
Family Court`
What Judges will sit at the Court of Appeal? (Senior Judges)
Lord Chief Justice
Master of the Rolls and President of the Family Division
Place the following judges in order of seniority (most senior first)
1) District Judge
2) Justice of the Supreme Court
3) Recorder
1) Justice of the Supreme Court
2) Recorder
3) District Judge
To become a none-legally qualified magistrate what qualities must they have? name 3
- good character
- understanding and communication skill
- social awareness
- Maturity and sound judgement
- commitment and reliability
What role does a legal adviser have?
will record the decisions in each case and ensure that the court administration works smoothly and give an unbiased opinion
How many days are magistrates expected to take part in?
26 half-day sittings. They are unpaid.
FACT
Advantages of magistrates
- Cost - they are cheaper
- Community Justice
- Local knowledge - expected to live 15 minutes from their courts
- greater diversity - gender/ethnic
FACT
Disadvantages of magistrates
- poor training which leads to bad decisions
- lack of legal knowledge
- too ready to believe the police
How many people sit on a jury?
12
What is the purpose of the s44 Criminal Justice Act 2003?
That a court trial does not a jury if the judge thinks there is serious danger of jury tampering with the decision
FACT
S1 Juries Act 1974
States that a person may be selected as a juror who:
is aged 18-75
Is on electoral register
has been resident in the UK since age 13 for at least 5 years
FACT
S1 Juries Act 1974
A juror may be disqualified if:
- he or she is detained under the Mental Health Act 1983
- ever severed a prison sentence for 5 years or more
- in past 10 years has been imprisoned for any length of time, community punishment order or suspended prison sentence
A breach of the rule that all discussions among jurors must be kept secret is a:
A Contempt of court under section 8 of the Contempt of Court Act 1981
B Breach of trust under section 2 of the Trustee Act 2000
C Criminal offence under section 20D of the Juries Act 1974
D Civil wrong under section 1 of the Official Secrets Act 1911
C Criminal offence under section 20D of the Juries Act 1974
FACT
Advantages of juries
- independence
- trial by your peers
- involvement of ordinary people
FACT
Disadvantages of juries
- cost
- domination
- inappropriate waste of time for skilled professional
- difficulties understanding complex legal issues
- risk of jury tampering
- secrecy of jury discussions
Name the 3 legal professions in England and wales?
Solicitors
Barristers
Chartered Legal Executives
what role does the legal services board have?
s1(1) Legal services act 2007 provides that it has the overall responsibility of overseeing legal activities.
- protecting public interest
- improving access to justice
- increasing public understanding of citizens legal rights and duties
what role does the office for legal complaints have?
The office for legal complaints supervises the Legal Ombudsman - resolves complaints free of charge for individuals, charities, trusts
how much can the office of legal complaints award in compensation? (maximum)
£50,000
What are barristers main focus? (line of work)
Advocacy
Representing Clients in Courts
Name the 5 stages of qualifying as a barrister?
- Academic Stage
- admission to an Inn of Court
- Vocational Stage
- Call to the Bar
- pupillage
There are four Inn Courts, what are they?
- Middle Temple
- Inner Temple
- Grays Inn
- Lincolns Inn
Vocational Stage of qualifying as a Barrister.
What test must they pass before they can apply for the Bar Professional Training Court?
Bar Course Aptitude Test
Barristers are regulated by what service?
Bar Standards Board which publishes a Code of Conduct
Solicitors are regulated by what service?
SRA - Solicitors Regulation Authority
- sets the standards for qualifying as a solicitor
- investigating complaints
- protecting the public
- Upholding the rule of law
- Acting in their Clients best interests
What fines can the SRA give?
up to £2000 on individuals & law firms
What service does the Law Society provide?
advice service & practice notes for solicitors
