Legal Personnel - English Legal System & Criminal Law

The three types of lawyers in England and Wales:

Solicitors, Barristers & Legal Executives

Barristers employment arrangements and where they
work:

Self employed but work from a set of chambers

Examples of where employed barristers or solicitors might work:

Local government, CPS or private businesses

Where the majority of solicitors work:

Solicitors firm (high street or city)

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

Where legal executives work:

Solicitors firms

The main difference between the work of solicitors and barristers:

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

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.

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)

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

The role of the barristers clerk:

The clerk allocates work and negotiates fees

Who are the partners in a solicitors' firm?

Experienced solicitors

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

Implications of the Legal Services Act 2007:

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

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

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

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

The purpose of the Legal Services Ombudsman:

To deal with complaints about decisions of the regulatory bodies

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

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

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

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

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

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

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)

Judges that sit in the Crown Court and their role:

Circuit Judges

Try either way or indictable offences

Judges that sit in the Magistrates Court and their role:

District Judges

Try summary or either way offences