The UK Legal System

Question 1

How can citizens participate in the English Legal System?

Answer 1

Citizens can participate in the following ways:

• They can do jury service
• Be a magistrate
• Witness
• Member of a tribunal
• Becoming special constables
• Member of neighborhood watch
• Standing for election
• As a police and crime commissioner
• They can be a victim

Question 2

What is the Citizens Advice Office?

Answer 2

Many people especially those with limited means and if the issue is a civil dispute, will visit their local Citizens Advice Office to seek free legal advice.

Question 3

What are the three main branches of legal professions?

Answer 3

Legal executives, solicitors and barristers.

Question 4

What is a legal executive?

Answer 4

• They are legally qualified professionals employed largely by solicitors and normally specialise in a given area of law.
• They are regulated by the Institute of Legal Executives.

Question 5

What are solicitors?

Answer 5

• They undertake most of the work in Magistrates’ Courts and County Courts, both the preparation of the case and its advocacy.
• They also deal with a large amount of commercial work, land and building issues and the conveyancing of houses, making wills and advising on tax matters.
• Many are graduates with a law degree.
• They must undertake professional training of a one-year legal practice course and then two years under training in a solicitors’ practice.
• They are regulated by the Law Society.

Question 6

What are barristers?

Answer 6

• There traditional work has been advocacy.
• They present cases in court.
• A barrister is briefed (employed) by a solicitor to work on the solicitor’s client’s behalf.
• Barristers are independent of the solicitor and pursue their own judgement about how to proceed with the case.
• They can work in a Magistrates’ Court, but they mainly work in Crown Courts, the High Court or in the appeal court.
• They are normally specialists in a specific area of law, either civil or criminal. Most barristers are law, graduates and they have to undergo training by undertaking the Bar Vocational Course and then pupillage with a qualified barrister.
• Most senior barristers apply to become Queen’s Councel (QCs).
• Barristers work for themselves, but often share chambers with other barristers.

Question 7

What is criminal law?

Answer 7

• In a criminal law case the trial is held in a Magistrates’ Court for minor matters or the Crown Court for more serious offences. The CPS brings criminal cases to court.
• In a criminal case, the charges must be proved beyond reasonable doubt, which means that the court must be absolutely sure of the guilt of the accused to be able to return a guilty verdict.

Question 8

What is civil law?

Answer 8

• In a civil court the vast majority of cases do not involve a jury.
• Most civil cases are dealt with by County Courts. This includes small claims cases. However if the claim is more serious it will be forwarded to the High Court.
• Civil courts deal with personal injury claims, breaches of contract and other matters that arise between companies or individuals.

Question 9

What is the difference between civil and criminal law?

Answer 9

• Criminal cases are brought on behalf of the state against the citizen for breaking the law of the land.
• On the other hand, however, civil cases relate to disputes between individuals or organisations and are resolved by the award of damages.

Question 10

What does the Crown Prosecution Service (CPS) do?

Answer 10

• In 1986, the CPS was established as a body independent from both the police and government to prosecute criminal cases in England and Wales.
• They work closely with the police, who make the initial arrest, and they decide whether the evidence is sufficient to charge the accused and what the charge should be.
• The CPS also prepare cases for court hearings and represent the state in Magistrates’ Court and higher courts.