Legal Systems Booklet 2

Legal Personnel- legal execs, solicitors, barristers and judges.

Role of Legal Executives?

Over 20000, work in solicitors firms as assistants. Deal with straight forward matters such as legal paperwork for buying/selling property, formation of companies, and drafting wills. Advice on some legal matters such as marriage.

Role of Solicitors?

136000 in eng and wales, they deal directly with the public. Their general practise is advising clients and briefing barristers. Some work includes negotiating, writing letters, drafting legal correspondence, and drawing up contracts. Can also be involved with conveyancing. Can apply for some rights of audience.

Role of barristers?

15700 in eng and wales, they do not deal directly with the public and are instructed by solicitors with the cab bank rule - you have to take the cases given. They do advocacy, paperwork such as writing opinions, giving advice and drafting documents. There are two types of barristers: juniors and King’s Counsel. Some can specialise eg tax/company law.

Regulation of Legal Execs?

Represented by CILEx, regulated by CILEx. The first place to complain is an internal complaint to the firm. Then you can complain to CILEx who can fine, reprimand or strike off the legal executive. Then, can complain to the Legal Service Ombudsman who can make them apologise, put things right, refund, reduce fees or fine £30000.

Regulation of Solicitors?

Represented by the Law Society, regulated by SRA(solicitors regulation authority). The first place to complain is an internal complaint to the partner of a firm to investigate the conduct. Then you can complain to SRA who can investigate, fine, reprimand or strike off the solicitor. Then, can complain to the Legal Service Ombudsman who can make them apologise, put things right, refund, reduce fees or fine £30000.

Regulation of Barristers?

Represented by General Council of the Bar, regulated by BSB (Barristers Standards Board). The first place to complain is an internal . Then you can complain to CILEx who can fine, reprimand or strike off the legal executive. Then, can complain to the Legal Service Ombudsman who can make them apologise, put things right, refund, reduce fees or fine £30000.

What did the Tribunals, Court and Enforcement Act 2007 change?

The pool of applicants- widened to include solicitors, legal execs and legal academics.

Experience- lowered to 5 years previously 10.

The term depends on the position- 5 years for district judges or recorders. 15 years for Supreme Court.

What are the types of Judges?

Justices of the Supreme Court- 12 in total, 15 yr experience. Lord Reed is Chair of Bench.

Lord Justices of Appeal: 39 in total, 7 years experience. Master of the Rolls (Civil) and Lord Chief Justice (Criminal).

High Court Judges: 96 in total, 7 years, each div has own chancellor/ president.

Circuit Judges: Sit in Crown and County, approx 600, 7 years experience.

Recorder: Crown and County, Part time, 7yrs experience.

District: mag and small claims in county, approx 500, 5yrs experience, “Stipendiary Magistrates”.

Role of the Justice of Supreme Court:

civil and criminal cases on appeal. Decide cases based on points of law of general public importance. Uneven panel

Role of Justices of Appeal:

Usually panel of 3. Serious appeals from Crown and HC. Preside over case, listen, decide outcome and set precedent.

Role of HC judges:

First instance-1, appeal-2. Hear first instance of £100000 value or appeal cases. Preside, hear evidence, decide outcome and set precedent.

Role of judges in Crown Court:

Recorders and Circuit judges. Hear criminal cases in first instance (indictable), preside, sum up for jury.

Role of Judges in County Court:

District judges, recorders and circuit judges. Civil cases dealt with. Decide if liable and give compensation.

Role of judge in Magistrates Court:

District Judges. Hear summary cases and some TEW cases. Decide verdict and pass sentence.

What is the separation of powers?

Gov- power to put law into action.

Parliament- power to make and change law.

Judges- Power to make judgements on law.

How is Judicial Independence achieved?

SELECT.

S- Immunity from Suit.

E- Expense and appointed by JAC (Judicial Appointment Committee)

L- Independence from legislature (Parliament)

E- Independence from Executive (Gov)

C- Independence from case.

T- Security of Tenure (removal)

What is the Pinochet case?

General from Chile, crimes of war and terrorism, went to court, judge was Amnesdy International (Human Rights). appealed.

What year was the supreme court created?

2009.

What Act separated the powers?

Constitutional Reform Act 2005.

Evaluation points of Judiciary (positives)

Legally trained and experienced: Tribunal, Courts and Enforcement Act 2007.

Make Law- allows for flexibility, fills gaps.

Independent: solely on presented evidence. No bias.

Diversity: Representative of Society. Reduced risk of bias.

Evaluation Points for Judiciary (negatives)

Cost: very expensive salaries, President of Supreme Court- £279000. £130000 to £280000.

Make Law- Can lack democratic legitimacy. Parliamentary Sovereignty. not elected by the public. Anthony Martin case.

Independent: Not entirely exempt from decisions being overruled. Sovereignty may be influenced.

Diversity: Only 26% of Senior Judges are female (32% overrall), only 4% from black minority backgrounds.