Learning aim C: P5,P6,M4 & D2
As both Andy and Megan have committed summary offences (battery) their cases can be heard in the
Magistrate court. Both will require a solicitor to represent them and the verdict will be decided by a lay
magistrate.
Solicitors:
Solicitors are sometimes referred to as the general practitioners of the legal profession as they are the
first port of call for the most clients if needed legal advice. An analogy with the medical profession GP’s
and the Consultant is often used but solicitors can actually be just as specialised as barristers. Solicitors
tend to work in partnerships, even though some may be employed by a firm. Others go into public
services with local authorities.
The solicitors training begins with a degree based and a degree of at least upper-second class is
needed 2:1. If the candidate has a law degree itr must be qualifying law degree such as the LLB in law.
However if the candidate has a degree in another subject, then the candidate must undertake an
additional year (if taken full time) of study to convert their degree into a qualifying one. Conversion
courses are typically the Graduate Diploma in Law (GDL) of The Common Professional Exam (CPE).
After the degree solicitors take a one- year practice Legal Practice Course (LPC).This may be taken at a
law school or authorised university. This is a vocational course and it equips students with the practical
skills needed in order to practice and covers training in skills such as client-interviewing, negotiation ,
advocacy, drafting, documents and legal research. This costs about £16000 in London and £12-£13
outside of London and is not covered by the Government’s student loan scheme, however if you entered
the course with 1:1 you may have a discount and pay £8000.
The last stage which is the practical stage involved a two year training contract. This is a period of
apprenticeship with a practicing solicitor. During this time the students are known as trainee solicitors
and receive a minimum rate of pay depending on where the contract is undertaken. The trainee will also
have to complete a 20 day professional skills course.
Once this period is completed students will be added to the rolls at a ceremony very much like a calling
ceremony and will be fully qualified solicitors.
Solicitors are regulated by the Solicitors’ Regulation Authority which deals with all regulatory and
disciplinary matters and enforces standards for solicitors. The solicitors are always in direct contact with
the client so can sue for non-payment of fees and can be sued for breach of contact. Solicitors can also
be sued in negligence for work both in and out of court. If the client is not happy about it’s solicitor the
first step would involve speaking with the firm to resolve the matter. If the problem still doesn't solve then
it will be taken to the Solicitors Regulation Authority. After investigation if there is any evidence of serious
professional misconduct the case will then go to the Solicitors Disciplinary Tribunal.if the tribunal upholds
the complaint it can be fine or reprimand the solicitor. In serious cases the solicitor is suspended from
the roll for a certain period of time or even strikes off a solicitor from it’s roll.
The client also has the Legal Ombudsman available. This was established by the Office for Legal
Complaints under the Legal Act 2007. This provides a free service and is required to consider the
complaints in a fair and independent way. Most of the complaints resolved by the Ombudsman informally
but where this is not possible the Ombudsman imposes a decision on the parties. If the legal
Ombudsman agrees that a lawyer's service has been unsatisfactory it can ask the lawyer and the law
firm to apologise to the client, give back any documents that the client might need, refund or even reduce
the legal fees of paying £300000 compensation.
,Solicitors usually work in partnerships with ordinary offices. The offices can be located in England and
Wales. The top city law firms are referred to as the “Magic Circle”. The average salary that a solicitor
receives annual is £51,563. In the Journal Commercial Lawyer in september 2000 it said that an elite
group of 100 City solicitors working in central London are earning more than £1 million each per year.
Solicitors main role is to have direct contact with their clients and prepare briefs for the barristers. The
work done always depends on the firm of which the solicitor is working. A small high street firm will
probably be a general practice advising clients on a range of topics. Solicitor’s work includes writing
letters on behalf of clients, drafting contracts, leases or other legal documents and drawing up wills.
Solicitors that are specialised in criminal work will need to talk directly to the client and gather all the
facts and details. Therefore they might need to undertake some legal research or even hire a barrister to
draft and opinion. Depending on where the case will be held they might not be able to represent the
client.solicitors are able to represent the client in some of the cases and advocate in the inferior courts
(Magistrate and Country). In higher courts they might not be able to represent the client. Following the
Courts and Legal services Act in 1990 this changed therefore if the solicitor applied for the certificate of
advocacy for the rights of audience in the higher courts following an exam required and a fee. When
undertaking advocacy work, solicitors are able to wear a wig in court since 2008 like barristers. There
are currently 5,500 solicitor advocates.
As both Tariq and Sinead have committed triable either way offences (ABH), their cases can be heard in
either the magistrates or Crown Court. In order to decide which court the case will be heard, the
Magistrates will decide whether they are prepared to accept jurisdiction.
If the magistrates are prepared to accept jurisdiction both defendants will then be given the opportunity
to choose where they would like to be tired. This is known as the defendant's election. If the defendants
choose to have their trial in the Magistrates Court, the legal personnel discussed above will carry out the
role. However if Tariq and Sinead chose to have their cases heard in the Crown Court, they would need
representation from a barrister. This will be tired by a jury and if convicted will be sentenced by the
judge.
Lay magistrates:
There are about 29,000 lay magistrates sitting as part-time judges in the magistrates courts. Another
name for lay magistrates in Justice of the Peace. They sit to hear cases as a bench of two or three
magistrates.
Formal requirements are that you have to be aged 16-65 though in practice it is unlikely that a
candidate under 27 would be appointed. However Lucy Tate a 19 year old law student at Leeds
University was appointed in 2006 becoming Britain’s youngest magistrate. You also have to be available
26 half days each year.
For qualifications they do not necessarily need any qualifications in law as they are ‘lay’ but need
requirements as to their character. In 1998 the Lord Chancellor set out 6 key qualities which candidates
should have: a good character, understanding and communication skills, social awareness, maturity and
sound temperament, sound judgement and commitment and reliability.
However there are some restrictions,for example: undischarged bankrupts, members of the forces,
police officers, traffic wonders , members of the armed forces, those with relatives working in the criminal
justice system, those in the process of seeking asylum.
Appointments are made by the Lord chancellor on behalf of the queen, on recommendations made by
the Local Advisory Committees (LAC). The members within the LAC tend to be ex juries of the Peace
, with a mixture of magistrates and non-magistrates. To apply the first step would be an application form.
In an attempt to encourage as wide a range of potential candidates as possible, committees have
advertised via adverts being placed on the government website, newspapers, magazines aimed at
particular ethic groups and even places adverts on buses. Following the formal paper application, there
are two stages for the interview,
For the first interview the panel tries to find out more about the candidates personal attributes, in
particular looking to see if they have the six key qualities required.
However the second interview is aimed at testing the candidate’s judicial aptitude and this is done by a
discussion of at least 2 case studies which are typical of those heard regularly in a magistrate court.
Once the suitable candidates have been identified, the Advisory Committeethen has to ensure that the
bench reflects the community in which the servers, taking account of gender, ethic origin, geographical
spread and occupation. The Advisory Committee then submits names of those most suitable to the
Senior Presiding Judge who will appoint new magistrates from the list. If the candidates are successful
they will then attend ‘swearing in ceremony’ at a court where they pledge two oaths. After they are
appointed magistrates may sit until the age of 70 and will normally be expected to sit for around 5 years.
When it comes to training before taking the role the magistrates would have to undertake training. The
training of lay magistrates if supervised by ‘ The Magisterial’
Committee of the Judicial College. This committee has drawn up a syllabus of the topics which the lay
magistrates should cover in their training. This training is held in the local areas, sometimes through
weekend courses organised by universities. The framework of training is divided into 4 areas of
competence. The first three are relevant to the magistrates and the fourth is for the chairman of the
bench. Areas: Managing yourself, working as a member of the team, making judicial decisions and
managing judicial decisions.
The role of magistrate in criminal cases as magistrates have a very wide workload but mainly jurisdiction
deals with the 97% of the criminal cases. They are often referred to as ‘the back of the criminal justice
system’.
They begin by first dealing with the summary cases. They can also deal with triable either way offences
where the defendant chooses to be tired in the magistrates’ court. Magistrates work land has increased.
Over the past 25 years as a number of ‘triable either way offences’ have been made ‘summary’ offences
and hence’ have been made ‘summary offences and hence are only triable in magistrates court. Such
examples include drink-driving and driving whilst disqualified, these offences now make up a bulk of
magistrates’ workload. In addition to this CPS also appears to be charging to lower off two possible
changes against D, again making the cases only triable in the Magistrates’ Court. The magistrates also
deal with the plelementary work in these cases. This includes early administrative hearings, remand
hearings (where the case is put back to a later date for some reason) and bail application. Where a
defendant pleads not guilty, the Magistrates decide both (guilt or innocent) and, if they also find the
defendant guilty, also pass an appropriate sentence. This is in contrast to the Crown Court, where the
two roles are kept separate. Magistrates also sit in Crown court to hear appeals from the magistrates’
court. In these cases the lay decides whether the appellant is guilty or not guilty. If the finding is one of
guilt then they will also decide on the sentence.
Barristers:
Only 16,000 barristers are in practice now, with approximately 12,000 in private practice remaining the
400 which are employed by organisations such as Crown Prosecution. Barristers are also referred to as
‘counsel’ or ‘advocates’ and collectively as ‘The bar’.
