Unit 2 – P5 Task
Using given case studies of criminal trials in different courts, explain the roles of both the lay and legal
personnel involved.
This report will discuss the roles of lay and legal personnel within criminal court trials. The
responsibilities of the different personnel will be highlighted and explained. The legal personnel that
may be involved in criminal cases in the court are solicitors, barristers, legal executives, paralegals, and
judges. The lay personnel are the jury and the Magistrates which can be involved in both the Crown
Court and the Magistrates Court.
Legal Personnel
Solicitors
Majority of solicitors privately and may represent a defendant in court in a criminal case. There are two
main types of work that solicitors can carry out, these are prosecution work and working as a legal
representative for their client in court. Some of the responsibilities of a solicitor entail is legal work that
revolves around client meeting, letter drafting and representing clients in court. It is possible for some
solicitors to be hired by the Crown Prosecution Service. If a solicitor is carrying out work, their firm may
hire lesser qualified executives such as paralegals for support with researching and working a case. Upon
the circumstance of a defendant being arrested, a solicitor will be able represent this individual and
advise the detainee on actions they should and should not take. In a situation where the defendant has
committed an indictable offence, they may need prolonged legal support and representation which the
solicitor can help the accused apply for. The expense of the first meeting with a solicitor is covered
under the law, therefore the defendant will not have to pay anything for the initial meeting. For minor
offences, the solicitors may be able to represent the defendant in the Magistrates court, however for
more serious offences that have been allocated to the Crown Court, the solicitor must have a Certificate
of Advocacy to be able to represent their client in the higher court. The certificate of Advocacy highlights
that the holder has a high understanding of the legal system and the legislative processes necessary for
defending and upholding their client's rights. There are some solicitors that specialize which means that
they will have more knowledge about a specific area of law. Examples of specific subject is domestic/
family law or property law.
CPS – Solicitors
For solicitors who are employed by the Crown Prosecution service, their responsibilities will be advising
the police as to whether there is enough evidence to construct a valid case against the accused. At this
point, if there is a valid offence committed, then the CPS will inform the police of any outstanding
evidence needed for the case. If the case is allocated to the Magistrates court, then the solicitor will act
as the accused legal representative. If the case is more serious, then it will be allocated to the Crown
Court and a barrister will be summoned to regulate the case.
Educational Qualifications
To become a solicitor, one must have an LLB Honours degree which will allow them to take up the Legal
Practice Course and then training contract for 2 years. This will equip the individual with the necessary
experience and knowledge to become a full- time practicing solicitor. A qualifying LLB Law Honours
, degree can be achieved by taking a three- year university course which supports the student both
academically and physically. The Legal Practice Course will instruct the qualifying student about the skills
required for becoming a solicitor. Some of the tasks that will need to be fulfilled during the Legal
Practice Course is drafting letters and legal documents, research and building a relationship with clients.
The final stage is the two- year training contract, within this contract, the student will take up the
practical responsibilities of a solicitor whilst under the supervision of a senior or experienced solicitor.
Becoming a solicitor can be possible if one does not have the LLB Honours Law degree, which will
require one of two steps, the Common Professional Examination, or the Graduate Diploma in Law. The
CPE (Common Professional Examination) consists of training to provide an understanding of the legal
system and the foundation of legal proceedings within an outside of the court. The assessment will
include the learner studying the seven subjects which constitutes the foundations of law and an essay
covering a few of these subjects. The Graduate Diploma of Law can be achieved by undergoing a study
period which will cover essential areas such as case law, analysis, and defense with argument. After
achieving one of these qualifications, then the individual can go onto the Legal Practice Course and into
a training contract.
There will be changes made to the process of becoming a solicitor for those with and without an LLB
Honours Law degree. The Graduate Diploma in Law and the Legal Practice Course will be dissolved, and
a new examination will replace these. The new exam is called the Solicitors Qualifying exam which will
consist of a two-part assessment written and computer-based skills.
The rights of advocacy
Solicitors can represent within Magistrates and County Court due to their rights of advocacy when it
comes to criminal cases. Under the Access to Justice Act of 1999, the law states that solicitors will be
given full rights to try their client's case in front of the audience in the lower courts as well as the higher
courts. The Access to Justice Act also covers the law over the reformation of legal- aid and the criminal
defence service.
Complaint's procedure
There is a complaints procedure that both clients and legal professionals can go through upon the
circumstance that they believe the other party has breached their duty. In a situation where the
defendant believes that their solicitor has breached their responsibility. The client or defendant can take
their complaint to the Solicitor's Regulation Authority. An investigation into the case will be made to
surface any evidence of the solicitor's misconduct. After gathering the relevant evidence and
statements, the case will be sent to the Solicitors Disciplinary Tribunal where the solicitor will have a
trial to determine whether he/she is guilty or not guilty. If the solicitor in the case is found guilty, it will
be up to the judge to determine the consequence of the misconduct. Some of the consequences may
constitute the solicitor being suspended or being permanently reprimanded.
Barristers
In contrast to solicitors, barristers can be self-employed and predominantly work from a ‘set of
chambers that they may share with other barristers. Similarly, they may act as legal representatives for
