Legal Personnel - English Legal System & Criminal Law

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The three types of lawyers in England and Wales:

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1

The three types of lawyers in England and Wales:

Solicitors, Barristers & Legal Executives

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2

Barristers employment arrangements and where they work:

Self employed but work from a set of chambers

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3

Examples of where employed barristers or solicitors might work:

Local government, CPS or private businesses

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4

Where the majority of solicitors work:

Solicitors firm (high street or city)

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5

The difference between a large city solicitors firm and a small high street firm:

High street - general practice e.g. housing and business matters, family problems City - commercial and tax work

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6

Where legal executives work:

Solicitors firms

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7

The main difference between the work of solicitors and barristers:

Solicitor - mainly paperwork Barrister - advocacy, presenting cases in courts

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8

Explain 'direct access' in relation to both solicitors and barristers:

Direct access is where it is no longer necessary to go to a solicitor in order to instruct a barrister. Direct access for barristers is still not allowed for criminal or family cases wihtout extra training.

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9

The different rights of audience for barrister and solicitors:

Barristers - full rights of audience (can present in any courts in England or Wales Solicitors - all have rights in the Magistrates and County court (further qualifications needed for more rights of audience)

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10

Explanation of 'Queens Counsel':

A Queen's Counsel is barrister with atleast 10 years of experience. QCs take on more complicated and high profile cases

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11

The role of the barristers clerk:

The clerk allocates work and negotiates fees

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12

Who are the partners in a solicitors' firm?

Experienced solicitors

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13

Things a solicitor may have to do to and get from a barrister:

When necessary a solicitor may decide to brief a barrister to do the case. in these circumstances, a solicitor will do the prep work e.g. interview witnesses and prepare documents

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14

Implications of the Legal Services Act 2007:

Up to 25% of partners can be non-lawyers and it allows alternative business structures

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15

The regulatory body for barristers, where it can refer cases to, and available sanctions:

Regulatory body - The General Council of the Bar Can refer cases to - Bar Standards Board Sanctions - fine of up to £50,000, suspension, disbarring

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16

The regulatory body for solicitors, where it can refer cases to, and available sanctions:

Regulatory body - The Law Society Can refer cases to - Solicitors Regulation Authority Sanctions - unlimited fine, suspension, strike off

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17

The regulatory body for legal executives, where it can refer cases to, and available sanctions:

Regulatory body - The Chartered Institute of Legal Executives Can refer cases to - CILEx Regulation Board Sanctions - fine of up to £100,000, exclude from membership, pay compensation for up to £30,000

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18

The purpose of the Legal Services Ombudsman:

To deal with complaints about decisions of the regulatory bodies

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19

The powers of the Legal Services Ombudsman:

It can order the legal professional to:

  1. apologise to the client

  2. pay compensation of up to £30,000

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20

Names of the 'superior' judges:

Justices of the Supreme Court

Lord Justices of Appeal in the Court of Appeal

High Court Judges in the Queen’s Bench Divisional Court

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21

Name of the Judges in the Supreme Court, the number of posts and the number that sit in a case:

Justices of the Supreme Court

There is one president, one deputy president and 10 justices

Minimum of 3, maximum of 9 sit on a case

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22

The cases heard by the judges in the Supreme Court:

Criminal or civil appeal cases where it involves a point of law of general public importance

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23

Name of the Judges in the Court of Appeal, the number of posts and the number that sit in an appeal:

Lord Justices

There are 36 judges

Sit as a panel of three, maximum five

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24

Court of Appeal judges additional role in addition to sitting on full appeals:

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25

Judges that hear criminal cases in the Divisional Court of Queen's Bench and the name of this appeal:

High Court Judges

Case stated Appeals (appeals on point of law)

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26

Judges that sit in the Crown Court and their role:

Circuit Judges

Try either way or indictable offences

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27

Judges that sit in the Magistrates Court and their role:

District Judges

Try summary or either way offences

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