Unit 2 - Investigating Aspects of Criminal Law and the Legal System
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Pearson BTEC Applied Law Unit 2 Outcome C
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Unit 2 - Investigating Aspects of Criminal Law and the Legal System
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Pearson BTEC Applied Law Unit 2 Outcome C
Unit 2 - Investigating Aspects of Criminal Law and the Legal System
Outcome C - Explore the various legal personnel involved in a criminal trial
Unit 2 - Investigating Aspects of Criminal Law and the Legal System
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Outcome C: What legal personnel are involved in a criminal trial
The Legal Profession-
- Refers to the two main types of lawyers: barristers and solicitors.
- In addition, legal executives and paralegals work for solicitors.
Solicitors-
- Work in private practice or are employed by the Crown Prosecution Service.
- Some criminal cases allow them to act for a person charged with a criminal offence.
- Solicitors who work for the CPS deal solely with the prosecution of offences.
- Defence Work
- Solicitors working for private practices will be employed by a firm or be a partner in a
firm.
- Everyone who is arrested and detained by the police has a right to free independent
legal advice which is paid for by the state.
- Solicitors' first contact with a client will most likely be in a police station.
- Solicitors can apply for legal representation if the client has committed a serious
offence which pays for initial preparation and representation in court either by a solicitor
and/or barrister.
- If a solicitor has a certificate of advocacy then they may be able to present the case in
the crown court.
- If the case is less serious and heard in the magistrates' court then a solicitor can
represent the defendant and be paid privately as they can charge an hourly rate for
their work.
- Prosecution Work
- Solicitors working for the CPS will be required to advise the police on the offence with
which to charge a suspect and whether there is enough evidence to form a charge.
- Once the charge is made the CPS then advise the police if more evidence is needed
and when the case goes to court they will conduct the case.
- If the case is heard in the magistrates’ court then a solicitor will present it.
- If heard in a crown court the CPS will instruct a barrister to present.
Barristers-
- Barristers practise at the bar and are self-employed.
- They usually work in a set of chambers where they can share administrative expenses with other
barristers.
- They will charge fixed amounts depending on the complexity and length of the case in court.
- They can advise before trial and will carry out advocacy in court.
- Barristers have full rights of audience which means they appear in all courts including the
magistrates’ court, the Crown Court or the appeal courts.
- Barristers operate the ‘cab rank’ rule meaning they can't turn down a case if it is within the area of law
they deal with and they are available.
- Crown Court trials take place before a jury and all the evidence, both written and spoken, will be put
before them to allow them to decide if the defendant is guilty or innocent.
- During a trial a barrister will:
- Make an opening statement outlining their case
- Examine witnesses appearing for their side
- Cross-examine witnesses appearing for the opposing side
- Make a closing speech summarising their case
- If acting for a defendant who has been found guilty they will make a plea in mitigation to the
judge.
- After the trial, if the defendant is found guilty the barrister may advise the defendant on the prospects
of an appeal against their conviction and/or sentence.
- If an appeal is made the barrister can argue the appeal in the appeal court.
, The Legal Profession-
- Refers to the two main types of lawyers: barristers and solicitors.
- In addition, legal executives and paralegals work for solicitors.
Legal Executives-
- Legal executives work in solicitors’ firms.
- They have separate qualifications from solicitors and help in the preparation of cases.
- They research relevant law and take witness statements.
- They can also assist solicitors in court and, if they hold a Criminal Proceedings Certificate, can apply
for bail for the defendant in the magistrates’ court.
Paralegals-
- Paralegals also work in solicitors’ firms.
- They have separate qualifications from legal executives and help in the preparation of cases.
- They research relevant law and take witness statements.
- They can assist solicitors in court but cannot carry out any advocacy.
Regulation and Complaints against Legal Professionals-
- If a defendant wants to complain about the service provided by a lawyer in a criminal case.
- There are several options available which include:
- Being able to appeal to a higher court.
- If the lawyer did not do a good enough job of presenting the case and the defendant is
found guilty, an appeal can be launched.
- The appeal court will first make a decision about whether it is an arguable claim before
hearing the detailed arguments about the case.
- They will not usually hear new evidence but will concentrate on the fairness of the
conviction.
- Legal representation may be available to pay for the cost of an appeal.
- Being able to sue for negligence if the defendant has lost money as a result of poor practice.
- Being able to put in a complaint to the Legal Ombudsman.
- This is an independent and impartial scheme which helps resolve complaints about
lawyers and claims management companies in England and Wales. The clients’
complaints can be investigated and compensation may be awarded if the complaint is
upheld.
- Being able to put in a complaint to the Solicitors Regulation Authority.
- If the handling was poor or the solicitor was dishonest then they can be charged with
professional misconduct and then the case can be referred to the Solicitors Disciplinary
Tribunal.
- A hearing will take place and if the solicitor is found guilty, this tribunal has the power to
fine, reprimand, suspend or strike off the solicitor so they can no longer practise.
- Being able to put in a complaint to the Bar Standards Board.
- The board can discipline the barrister for breach of the Bar’s Code of Conduct.
- The barrister can be required to attend before the Disciplinary Tribunal of the Council of
the Inns of Court, which have the power to suspend or disbar the barrister.
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