English Legal System and Law making - Paper 1
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- Created by: chloesrevising
- Created on: 24-05-22 19:37
What are the two main criminal courts?
What are the other courts called that deal with criminal cases and some civil cases?
What are the other courts called that deal with criminal cases and some civil cases?
Magistrates + Crown Courts.
Appeal courts.
Appeal courts.
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What are the three types of offences in the magistrates + crowns courts?
summary
triable either way
indictable
triable either way
indictable
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What is a summary offence?
Where is it tried?
Give examples?
Where is it tried?
Give examples?
Least serious offence
Magistrates court
Assault, battery
Magistrates court
Assault, battery
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What is a triable either way offence?
Where is it tried?
Give examples?
Where is it tried?
Give examples?
Middle range offence
Magisrates / crown court
s47 ABH, s20 GBH, theft
Magisrates / crown court
s47 ABH, s20 GBH, theft
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What is an indictable offence?
Where is it tried and by who?
Give examples?
Where is it tried and by who?
Give examples?
most serious offence
crown court by jury
ss18 GBH, murder, manslaughter, robbery
crown court by jury
ss18 GBH, murder, manslaughter, robbery
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What is the pre trial procedure for a summary offence?
Dealt with in magistrates court at first appearance
Porceedings adjourned for evidence, advice or pre sentence reports
Bail may be requested
May be represented free of charge (once)
Porceedings adjourned for evidence, advice or pre sentence reports
Bail may be requested
May be represented free of charge (once)
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What will happen if the defendant pleads guilty to a summary offence after this?
What will happen if the defendant pleade not guilty to a summary offence after this?
What will happen if the defendant pleade not guilty to a summary offence after this?
Magistrates pass sentence
Trial heard + decided by magistrates, and prosecution have to prove guilt
Trial heard + decided by magistrates, and prosecution have to prove guilt
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What are the pretrial procedures of a triable either way offence?
Begin in magistrates court where the defendant please guilty / not at the Plea Before Venue hearing
Bail and funding discussed at any time
Bail and funding discussed at any time
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What happens if the defendant pleads guilty to a triable either way offence after this?
What happens if the defendant pleads not guilty to a triable either way offence after this?
What happens if the defendant pleads not guilty to a triable either way offence after this?
Magistrates hear case facts and decide whether they have sentencing powers, if not they send case to crown court
mode of trial hearing - hear case facts and accept or refuse trial
if magistrates accept then the defendant can go to crown court but if they
mode of trial hearing - hear case facts and accept or refuse trial
if magistrates accept then the defendant can go to crown court but if they
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What are the pre trial procedures involved in an indictable offence?
Begin in magistrates court for Early Administrative hearing which deals with paperwork e.g. bail
Case sent to crown court for Plea and Directions Hearing
Case sent to crown court for Plea and Directions Hearing
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What happens if the defendant pleads guilty to an indictable offence after this?
What happens if the defendant pleads not guilty to an indictable offence after this?
What happens if the defendant pleads not guilty to an indictable offence after this?
adjournement before sentencing for pre sentence reports to be written
adjournement before trial and funding + bail can be discussed
adjournement before trial and funding + bail can be discussed
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How many magistrates courts are there in England and Wales?
What does the bench consist of that hears the cases?
Who do magistrates also have assisting them?
What does the bench consist of that hears the cases?
Who do magistrates also have assisting them?
Approximately 240
3 magistrates - qualified district judges or lay magistrates
legally qualified clerk
3 magistrates - qualified district judges or lay magistrates
legally qualified clerk
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What percentage of all criminal cases are heard in magistrates courts?
Which offences do magistrates courts try?
What do magistrates hear cases at?
What other offences do they also deal with the first hearing of?
Which offences do magistrates courts try?
What do magistrates hear cases at?
What other offences do they also deal with the first hearing of?
97%
all summary + some triable either way
first instance
indictable offences
all summary + some triable either way
first instance
indictable offences
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What can magistrate courts issue warrants to the police for?
What applications do they also decide?
Where can specially trained magistrates also try defendants?
What applications do they also decide?
Where can specially trained magistrates also try defendants?
search + arrest
bail
Youth court (offenders are ages 10-17)
bail
Youth court (offenders are ages 10-17)
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What are the sentences magistrates can pass?
What does LASPO 2012 allow magistrates to do?
What other matters might magistrates courts deal with?
What does LASPO 2012 allow magistrates to do?
What other matters might magistrates courts deal with?
2 x 6 months imprisonment and / or £5000 fine
Issue unlimited fines for specified level five offences e.g. sale of alcohol to children
civil matters e.g. enforcing council tax demands
Issue unlimited fines for specified level five offences e.g. sale of alcohol to children
civil matters e.g. enforcing council tax demands
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How many crown courts are there in England and Wales?
How many cases do they deal with annually?
Who presides the court and what is their role?
Who else sits in the crown court and what is their role?
How many cases do they deal with annually?
Who presides the court and what is their role?
Who else sits in the crown court and what is their role?
92
Approximately 80,000
Judge - decides sentencing
Jury - decide upon verdict
Approximately 80,000
Judge - decides sentencing
Jury - decide upon verdict
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Which offences does the Crown Court hear?
What other work including the magistrates court does the crown court deal with?
What other work including the magistrates court does the crown court deal with?
All indictable and some triable either way
Appeals
Appeals
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What appeals are made to the crown court?
Who joins the crown court when hearing these appeals?
What does the defendant automatically have to have the case heard entirely?
Who joins the crown court when hearing these appeals?
What does the defendant automatically have to have the case heard entirely?
magistrate court appeals
two lay magistrates
right to appeal
two lay magistrates
right to appeal
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What option do judges have when hearing an appeal from the magistrates court to the crown court? - conviction
What option do judges have when hearing an appeal from the magistrates court to the crown court? - sentence
What option do judges have when hearing an appeal from the magistrates court to the crown court? - sentence
confirm, reverse or vary
confirm, increase or decrease
confirm, increase or decrease
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What appeals are heard in the court of appeal?
What must be given to the defendant in order to appeal to this court?
What rare circumstances allow the prosecution to appeal to this court?
What must be given to the defendant in order to appeal to this court?
What rare circumstances allow the prosecution to appeal to this court?
appeals from the crown court
permission by a judge
jury or witnesses have been bribed or intimdated
permission by a judge
jury or witnesses have been bribed or intimdated
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What option do judges have when hearing an appeal from the crown court to the crown court? - appeal + conviction
What option do judges have when hearing an appeal from the crown court to the crown court? - sentence
What option do judges have when hearing an appeal from the crown court to the crown court? - sentence
confirm, quash, dismiss
vary or order retrial
confirm or decrease
vary or order retrial
confirm or decrease
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What appeals do the queens bench division hear?
What must the raised point be of?
Who decides on the fact of the case?
More usually, who is the case sent to?
What can the judges do?
What must the raised point be of?
Who decides on the fact of the case?
More usually, who is the case sent to?
What can the judges do?
criminal appeal cases
point of law has to be questioned
administrative court
panel of 2 high court judges
confirm, vary, reverse or remit case
point of law has to be questioned
administrative court
panel of 2 high court judges
confirm, vary, reverse or remit case
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What two groups of people does the supreme court hear appeals from?
What must the raised point be of?
What are some examples of cases like this?
What must the raised point be of?
What are some examples of cases like this?
Prosecution or defence
Point of law of great importance
C v DPP
R V Gnango
Point of law of great importance
C v DPP
R V Gnango
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What is the route of appeal if the case started in the magistrates court?
first option) magistrates court ->
crown court ->
court of appeal ->
supreme court ->
second option) magistrates court ->
queens bench division (high court) ->
supreme court ->
crown court ->
court of appeal ->
supreme court ->
second option) magistrates court ->
queens bench division (high court) ->
supreme court ->
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What is the route of appeal if the case is initially decided in the crown court?
Crown court ->
Court of Appeal ->
Supreme court
Court of Appeal ->
Supreme court
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What are the 5 aims of sentencing?
Deterrence,
Retribution,
Public Protection,
Reparation,
Rehabilitation.
Retribution,
Public Protection,
Reparation,
Rehabilitation.
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What is the aim of sentencing someone with deterrence?
What is the aim of sentencing someone with retribution?
What does s2(2) of the Criminal Justice Act 1991 state about the punishment given to the offender?
What is the aim of sentencing someone with retribution?
What does s2(2) of the Criminal Justice Act 1991 state about the punishment given to the offender?
put off offender (individual deterrence) or others (general deterrence)
revenge / punishment.
punishment should reflect severity of crime
revenge / punishment.
punishment should reflect severity of crime
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What is the aim of sentencing someone with public protection?
What is the aim of reperation as a form of sentencing?
What is the aim of rehabilitation as a form of sentencing?
What is the aim of reperation as a form of sentencing?
What is the aim of rehabilitation as a form of sentencing?
prevent offender from harming public, especially from violent / sexual crimes
give back to victim (compensation) or community (unpaid work)
reform offender and cure his criminal behaviour
give back to victim (compensation) or community (unpaid work)
reform offender and cure his criminal behaviour
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What effect might aggravating factors have on the judge's decision?
Give examples
Give examples
Make the judge pass a harsher sentence
seriousness of offence, vulnerable victim, previous similar convictions, breach trust, use weapon, racial abuse, bail, premeditated
seriousness of offence, vulnerable victim, previous similar convictions, breach trust, use weapon, racial abuse, bail, premeditated
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What effect might mitigating factors have on the judge's decision?
Give examples
Give examples
Make the judge pass a more leniant sentence
cooperation with police, young defendant, no previous convictions, mental/physical illness, remorse shown, early quilty plea, attempts to compensate the victim
cooperation with police, young defendant, no previous convictions, mental/physical illness, remorse shown, early quilty plea, attempts to compensate the victim
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What are the four types of sentencing?
Imprisonment,
Community Sentence,
Fine,
Discharge.
Community Sentence,
Fine,
Discharge.
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What is imprisonment and when is it used as a sentence?
How is the maximum term set out for imprisonment?
How is the maximum term set out for imprisonment?
Most serious sentence where the defendant is deprived of their freedom and will be given when nothing else is sufficient
Set out in relevant statute
Set out in relevant statute
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What are some options for community sentence as a type of sentence?
Probation - community rehabilitation order
Unpaid work - community punishment order
Curfew order
Unpaid work - community punishment order
Curfew order
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What is a fine as a type of sentence and what must it take into account?
How much can magistrates fine someone?
Where is the maximum amount set out?
How much can magistrates fine someone?
Where is the maximum amount set out?
Most common sentence
The defendant's finances
maximum of £5000
max for an offence given in statute
The defendant's finances
maximum of £5000
max for an offence given in statute
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What is discharge as a sentence?
What is discharge with conditions attatched called?
What is discharge with no conditions attatched called?
What is discharge with conditions attatched called?
What is discharge with no conditions attatched called?
the defendant is free to go
conditional discharge
absolute discharge
conditional discharge
absolute discharge
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How many lay magistrates / justices of the peace work in England and Wales?
Are there any special qualifications needed to be a magistrate?
Are there any special qualifications needed to be a magistrate?
Approximately 17,000
No
No
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What are the 6 formal requirements in becoming a magistrate?
- aged 18-65 on appointment and must retire at 70
- british, irish or commonwealth citizen
-in good health
-live close/in area of court
-have satisfactory hearing
-able to sit for 26 half days a year
- british, irish or commonwealth citizen
-in good health
-live close/in area of court
-have satisfactory hearing
-able to sit for 26 half days a year
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What are the 6 key qualities that are looked for in becoming a magistrate?
Who outlined these?
Who outlined these?
- good character
- understanding + communication
- social awareness
- maturity + sound temperament
- sound judgement
- commitment + reliability
Lord Chancellor
-
- understanding + communication
- social awareness
- maturity + sound temperament
- sound judgement
- commitment + reliability
Lord Chancellor
-
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What must prospective magistrates also do?
When would certain people not qualify in becoming a magistrate?
When would certain people not qualify in becoming a magistrate?
- agree to take the oath of allegiance
- disclose all criminal convictions + civil orders e.g. divorce
if job would lead to conflict of interests e.g. police officers
- disclose all criminal convictions + civil orders e.g. divorce
if job would lead to conflict of interests e.g. police officers
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What are the four stages in selecting a magistrate?
- vacancies advertised on radio + in local newspapers, applicants complete form
-first interview with local advisory committee
-second interview if successful
-background checks completed
-first interview with local advisory committee
-second interview if successful
-background checks completed
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How many new lay magistrates are appointed a year?
approximately 700
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How are lay magistrates appointed?
-LAC compile shortlist and send it to lord chief justice who delegates function to senior presiding judge who appoints magistrates on behalf of queen
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Why are magistrates appointed to a particular court?
In order to reflect the local community to allow representation of the area in terms of gender, age and ethnicity.
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What is the traditional image of the judiciary?
older white men
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What is the composition of the magistrates now in terms of gender, ethnicity and disability?
Gender - 53% female (more than any other judiciary branch e.g. 32% district judges women)
Ethnicity - 11% of ethic minority as compared to 5% of professional judges and advertising has recently including targeting key groups that are less well represented
Ethnicity - 11% of ethic minority as compared to 5% of professional judges and advertising has recently including targeting key groups that are less well represented
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How do magistrates sit?
How many criminal cases begin in the magistrates court?
What percentage of criminal cases are fully dealt with in the magistrates court?
How many criminal cases begin in the magistrates court?
What percentage of criminal cases are fully dealt with in the magistrates court?
A bench of three - including one experienced chair magistrate
All criminal cases
97%
All criminal cases
97%
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What offences are heard in the magistrates court?
What three things do magistrates deal with in trials?
Who are magistrates assisted by?
What is their role?
What three things do magistrates deal with in trials?
Who are magistrates assisted by?
What is their role?
All summary and some triable either way
Hear/see evidence, decide on guilt, pass sentence
Legal advisor
legally qualified, advises on point of law, procedure and sentencing
Hear/see evidence, decide on guilt, pass sentence
Legal advisor
legally qualified, advises on point of law, procedure and sentencing
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What can magistrates grant or refuse?
Where can they transfer cases to?
Where can specially trained magistrates work?
What age of offenders go here?
Where can they transfer cases to?
Where can specially trained magistrates work?
What age of offenders go here?
bail
crown court
youth court
10-17
crown court
youth court
10-17
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What might magistrates be asked to do outside of court hours?
What might they be asked to do at the police station?
How long would this be for maximum?
What might they be asked to do at the police station?
How long would this be for maximum?
to issue police warrants for search or arrest
approve further detention
96 hours
approve further detention
96 hours
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Where do the rules about who can/cannot be a jury come from to ensure jurors are not disqualified?
Juries Act 1974
Criminal Justice Act 2003
Criminal Justice Act 2003
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What are the qualifications in becoming a juror?
Aged 18-70,
Registered on electoral register,
Resident in UK for 5 or more years since 13.
Registered on electoral register,
Resident in UK for 5 or more years since 13.
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When will members of the jury be disqualified?
Where they have been sentenced to:
- 5+ years in prison
- An extended sentence
- Life imprisonment
-On bail
- 5+ years in prison
- An extended sentence
- Life imprisonment
-On bail
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When will members of the jury have a 10 year disqualification?
Following:
- A suspended sentence
- A community order
- Any time in prison up to 5 years
- A suspended sentence
- A community order
- Any time in prison up to 5 years
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What is deferral?
What must a juror have to do this?
What are some examples of this?
What must a juror have to do this?
What are some examples of this?
Anyone can delay jury service for up to twelve months.
Good reason.
Exams, operation, pre booked holiday.
Good reason.
Exams, operation, pre booked holiday.
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What is excusal?
What are some examples of where this is possible?
What are some examples of where this is possible?
A person doesn't need to do jury service if they could not manage the trial.
Insufficient understanding of english, disability, deafness.
Insufficient understanding of english, disability, deafness.
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What is the process of the jurors being selected for a case?
Selected at random by Jury Central Summoning Bureau.
Summons / letter received by post informing the person they must attend for jury service on given date.
15 people randomly selected at court from assembly room and 12 chosen from that group.
Summons / letter received by post informing the person they must attend for jury service on given date.
15 people randomly selected at court from assembly room and 12 chosen from that group.
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What are the three ways jurors may be challenged by the prosecution or defence?
Challenge for cause
Challenge to the array
Prosecution right to stand by
Challenge to the array
Prosecution right to stand by
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What does challenge for cause mean?
What examples could be used?
What is a case for challenge for cause?
What examples could be used?
What is a case for challenge for cause?
When an individual juror is challenged for a cause or reason.
The juror is known to a witness or the defendant or is connected to the case.
Wilson & Sprason.
The juror is known to a witness or the defendant or is connected to the case.
Wilson & Sprason.
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What does challenge to the array mean?
What case shows this?
Why were the jury a problem in this case?
What case shows this?
Why were the jury a problem in this case?
The whole jury is unrepresentative.
Romford Jury.
9 out of 12 lived on the same street.
Romford Jury.
9 out of 12 lived on the same street.
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What does prosecution right to stand by mean?
One juror is put to the back so as not to be picked.
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As their is no formal appointment for juries what must they do once selected?
Swear an oath to make their decision fairly.
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Approximately, how many people are summoned to jury duty each year?
When could a juror be prosecuted and fined up to £1000 under the Criminal Justice Act 2003?
When could a juror be prosecuted and fined up to £1000 under the Criminal Justice Act 2003?
50,000
If a juror ignores the summons,
Is unavailable through drink/drugs,
Is absent without good reason.
If a juror ignores the summons,
Is unavailable through drink/drugs,
Is absent without good reason.
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What does the Criminal Justice Act 2003 allow professions to do?
What professions are included?
Who was the first judge to be picked for jury service under these new rules?
What professions are included?
Who was the first judge to be picked for jury service under these new rules?
Serve as jurors as long as there is no conflict of interest in the case they serve on.
Policemen, lawyers, judged, clergy.
Lord Justice Dyson.
Policemen, lawyers, judged, clergy.
Lord Justice Dyson.
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What three cases question the fairness of having police officers serve as jurors?
R v Abdroikof
R v Green
R v Williams (2007)
R v Green
R v Williams (2007)
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What court do jurors sit in when a defendant pleads not guilty in a criminal case?
How many are on the panel?
How many are on the panel?
Crown Court
12
12
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What is the main role of the jury in a criminal case?
What may the jury do in the trial?
What do they do before discussing the case privately?
What may the jury do in the trial?
What do they do before discussing the case privately?
Decide on the facts of the case based on evidence they are presented with.
Listen to evidence and make notes.
Listen to the judge's summing up.
Listen to evidence and make notes.
Listen to the judge's summing up.
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What does the Contempt of Court Act 1861 say about the jurors?
What are they not allowed and what does this ensure?
What else must they not do?
What are they not allowed and what does this ensure?
What else must they not do?
Anything discussed amongst the jurors cannot be disclosed.
Mobile phones / computers to ensure secrecy.
Musn't research case online or base decision on anything other than the evidence in court.
Mobile phones / computers to ensure secrecy.
Musn't research case online or base decision on anything other than the evidence in court.
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What do juries aim for with the verdict?
After two hours, what can be accepted about the verdict?
What is the role of the foreman?
After two hours, what can be accepted about the verdict?
What is the role of the foreman?
Unanimous verdict of guilty / not guilty.
Majority of 11:2 or 10:2.
Elected to announce the verdict in open court and no reason is given.
Majority of 11:2 or 10:2.
Elected to announce the verdict in open court and no reason is given.
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What is the judge's role with the verdict?
What does s44 Criminal Justice Act 2003 state?
What case can be used here?
What does s44 Criminal Justice Act 2003 state?
What case can be used here?
Cannot change verdict.
Where there is evidence of the jury tampering, the trial may be heard by the judge alone.
R v Twomey.
Where there is evidence of the jury tampering, the trial may be heard by the judge alone.
R v Twomey.
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How many jurors sit in a civil case?
What are four examples of civil matters where there will be a jury?
What are four examples of civil matters where there will be a jury?
8
Defamation,
Fraud,
False imprisonment,
Malicious prosecution.
Defamation,
Fraud,
False imprisonment,
Malicious prosecution.
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What act contains the rules for using juries in civil cases in high court cases?
What act contains the rules for using juries in civil cases in county court cases?
What act contains the rules for using juries in civil cases in coroner inquests?
What act contains the rules for using juries in civil cases in county court cases?
What act contains the rules for using juries in civil cases in coroner inquests?
Senior Courts Act 1861
County Courts Act 1984
Coroners and Justice Act 2009
County Courts Act 1984
Coroners and Justice Act 2009
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What do the juries decide in defamation cases?
Why may the juries be required to sit in a coroner's court?
Why may the juries be required to sit in a coroner's court?
Whether the defendant is liable or not and how much compensation should be awarded.
To consider cases involving unexplained deaths.
To consider cases involving unexplained deaths.
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What contact are solicitors to clients?
How many solicitors are there practicing in England and Wales?
What are they controlled body?
How many solicitors are there practicing in England and Wales?
What are they controlled body?
First point of contact.
Approximately 130,000.
Own professional body : The Law Society
Approximately 130,000.
Own professional body : The Law Society
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How many solicitors are there employed in private practice?
Who do the remainder work for (4 bodies)?
Who do the remainder work for (4 bodies)?
90,000.
Local Government,
Civil Service,
Crown Prosecution Service,
Private businesses.
Local Government,
Civil Service,
Crown Prosecution Service,
Private businesses.
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Where can solicitors work?
What does working 'in house' mean?
What two things might solicitors work be and what do these mean?
What does working 'in house' mean?
What two things might solicitors work be and what do these mean?
Variety from large city law firms with multinational clients to smaller less specialised high street practices.
Working for local government / practice industry.
Contentious - court based.
Non contentious - not court based e.g. conveyancing.
Working for local government / practice industry.
Contentious - court based.
Non contentious - not court based e.g. conveyancing.
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What six things do solicitors do in their work?
Provide legal advice to clients,
Negotiate on their behalf,
Advocacy work,
Draw up contracts,
Draft wills,
Take witness statements.
Negotiate on their behalf,
Advocacy work,
Draw up contracts,
Draft wills,
Take witness statements.
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What two things might solicitors do with the barristers?
Brief barrister to conduct the case when necessary to go to court.
May consult barristers for opinions on a complex case.
May consult barristers for opinions on a complex case.
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What two courts have magistrates always had the rights to act as advocates in?
What can they now exercise higher rights of and what does this mean?
What can they now exercise higher rights of and what does this mean?
Magistrates & County Court.
Higher rights of audience - appear in higher courts.
Higher rights of audience - appear in higher courts.
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What two acts allow solicitors to exercise higher rights of audience?
What three things must a solicitor do to exercise higher rights of audience?
What three things must a solicitor do to exercise higher rights of audience?
Courts and Legal Services Act 1990 & Access to Justice Act 1999.
Completing extra training,
Passing examinations on rules of evidence,
Applying for a certificate for advocacy.
Completing extra training,
Passing examinations on rules of evidence,
Applying for a certificate for advocacy.
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What are solicitors then known as after completing these three steps?
What are they then eligible to be appointed as?
What are they then eligible to be appointed as?
Solicitor advocates.
Queen's counsel.
Queen's counsel.
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What is the route to becoming a solicitor if you take a three year law degree?
What is the route to becoming a solicitor if you take a non law degree?
What is the route to becoming a solicitor if you take a non law degree?
Law degree (includes certain core subjects) -> completion of Legal Practice Course / LPC (year full time or two years part time)
Non law degree -> Graduate Diploma in Law / GDL (one year conversion course) -> LPC can be taken
Non law degree -> Graduate Diploma in Law / GDL (one year conversion course) -> LPC can be taken
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What must all students then obtain with a law firm?
How many years is that typically?
What will the trainee undergo here?
How many years is that typically?
What will the trainee undergo here?
Training contract.
Two years.
Experience in different areas of the firm's work and also further training.
Two years.
Experience in different areas of the firm's work and also further training.
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What does the trainee solicitor apply to on completion of this course?
If then successful with this application, where are they admitted to become fully qualified?
If then successful with this application, where are they admitted to become fully qualified?
Solicitors Regulation Authority.
Roll of Solicitors.
Roll of Solicitors.
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From 2020, what is the new way of qualifying known as?
What will prospective solicitors require for this?
What will there be no requirement of?
What will prospective solicitors require for this?
What will there be no requirement of?
Solicitors Qualifying Examination / SQE.
Any undergraduate degree or equivalent experience e.g. degree level apprenticeship.
Qualifying law degree or GDL.
Any undergraduate degree or equivalent experience e.g. degree level apprenticeship.
Qualifying law degree or GDL.
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What does stage 1 of the SQE consist of?
On passing, what is stage 2?
On passing, what is stage 2?
Assessing legal knowledge through multiple choice questions.
Assess legal skills through practical examinations and assessments.
Assess legal skills through practical examinations and assessments.
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What must applicants also complete before, during, or after their SQE assessments?
What do they then apply to for qualification?
What does this check about the applicant?
What do they then apply to for qualification?
What does this check about the applicant?
2 years qualifying work experience with up to 4 different employers including pro bono experience.
SRA.
The applicant's quality and suitability before deciding whether to grant their qualified status.
SRA.
The applicant's quality and suitability before deciding whether to grant their qualified status.
86 of 112
What two things regulate solicitors?
The Law Society.
Solicitors Regulatory Authority.
Solicitors Regulatory Authority.
87 of 112
What society must all practicing solicitors be members of?
How does the Law Society support the interests of solicitors?
How does the Law Society support the interests of solicitors?
The Law Society.
Makes sure their voices are heard by the right people : government, industry and international jurisdictions.
Makes sure their voices are heard by the right people : government, industry and international jurisdictions.
88 of 112
What does the Law Society campaign to do?
Why does the Law Society work to influence policy and legislation?
Why does the Law Society work to influence policy and legislation?
To try to influence government policy and the public on a range of legal issues.
To ensure it protects it's members, the public and the justice system.
To ensure it protects it's members, the public and the justice system.
89 of 112
What did the Law Society used to be responsible for?
Who has this power now been passed on to?
Who has this power now been passed on to?
Dealing with complaints about solicitors.
Solicitors Regulatory Authority / SRA.
Solicitors Regulatory Authority / SRA.
90 of 112
What does the Solicitors Regulatory Authority set for the solicitors?
What does it monitor?
Where does it refer complaints about professional conduct to?
What does it monitor?
Where does it refer complaints about professional conduct to?
Standards for qualifying.
Quality of training.
Solicitors Disciplinary Tribunal.
Quality of training.
Solicitors Disciplinary Tribunal.
91 of 112
If a complaint is upheld what options can the Solicitors Regulatory Authority take?
What does striking a solicitor off the roll prevent them from doing?
If complainants disagree with the SRA'S decision who can they appeal decisions to?
What does striking a solicitor off the roll prevent them from doing?
If complainants disagree with the SRA'S decision who can they appeal decisions to?
Fine or reprimand solicitor,
Suspend solicitor,
Strike Solicitor off the Roll.
From practicing as a solicitor.
The Legal Ombudsman.
Suspend solicitor,
Strike Solicitor off the Roll.
From practicing as a solicitor.
The Legal Ombudsman.
92 of 112
What are barristers?
How many self employed barristers are there in independent practice in England and Wales?
How many further barristers are there employed by organisations and what four organisations are these?
How many self employed barristers are there in independent practice in England and Wales?
How many further barristers are there employed by organisations and what four organisations are these?
Specialist advocates.
12,700.
3,000.
Crown Prosecution Service,
Independent businesses,
Local Government,
Civil Service.
12,700.
3,000.
Crown Prosecution Service,
Independent businesses,
Local Government,
Civil Service.
93 of 112
What are barristers collectively known as?
What is the their own professional body that controls them called?
What must barristers be a member of?
What is the their own professional body that controls them called?
What must barristers be a member of?
The Bar.
The General Council of the Bar.
One of the Four Inns of Court based in London.
The General Council of the Bar.
One of the Four Inns of Court based in London.
94 of 112
Are barristers self employed?
Where do they work out of and what does this mean?
Who do they employ?
What is the role of this person?
Where do they work out of and what does this mean?
Who do they employ?
What is the role of this person?
Yes.
Chambers - shared offices.
Clerks.
Arrange meetings with clients and their solicitors,
Negotiate fees.
Chambers - shared offices.
Clerks.
Arrange meetings with clients and their solicitors,
Negotiate fees.
95 of 112
How many barristers are in a chamber due to their fairly small size?
Who do some barristers work for if they aren't working at the Bar?
Who do some barristers work for if they aren't working at the Bar?
15-20.
Law centres,
Advice agencies,
Government departments,
Private companies.
Law centres,
Advice agencies,
Government departments,
Private companies.
96 of 112
With the exception of specially trained solicitor advocates, what are barristers the only people allowed to do?
What is this also known as?
What is this also known as?
Conduct advocacy in the superior courts.
Full rights of audience.
Full rights of audience.
97 of 112
What do barristers do as well as advocacy?
Provide expert opinions on points of law to solicitors,
Write opinions on cases,
Give advice,
Draft complex documents for court use.
Write opinions on cases,
Give advice,
Draft complex documents for court use.
98 of 112
What rule do barristers follow?
What does this mean they must do?
What does this mean they must do?
The Cab Rank rule.
If free, they must accept any case within their area of specialism for which a suitable fee is offered.
If free, they must accept any case within their area of specialism for which a suitable fee is offered.
99 of 112
How do client's usually access their barrister?
What was this thought to do and why?
What was this thought to do and why?
Via their solicitor.
Increase legal costs as it meant clients would have to consult and pay for two lawyers.
Increase legal costs as it meant clients would have to consult and pay for two lawyers.
100 of 112
Since 2004, what can members of the public now do for civil cases?
What scheme is this under?
Where is direct access still not allowed?
What must barristers undergo if they wish to engage in direct access work?
What scheme is this under?
Where is direct access still not allowed?
What must barristers undergo if they wish to engage in direct access work?
Instruct barriers directly.
Direct Access Scheme.
Criminal cases or family work.
Additional training.
Direct Access Scheme.
Criminal cases or family work.
Additional training.
101 of 112
What is the route of becoming a barrister if you take a three year law degree?
What is the route of becoming a barrister if you take a non - law degree?
What is the route of becoming a barrister if you take a non - law degree?
Law degree (including certain core subjects) -> Bar Course Aptitude Test / BCAT -> Bar Professional Training Course / BPTC (year full time or two years part time)
Non law degree -> GDL -> one of four inns of court joined -> BCAT -> BPTC
Non law degree -> GDL -> one of four inns of court joined -> BCAT -> BPTC
102 of 112
What does the Bar Professional Training Course include?
What are some included subjects taken?
What are some included subjects taken?
Both core and optional subjects.
Case preparation and legal research,
Criminal & Civil Advocacy,
Civil & Criminal Litigation,
Drafting documents,
Opinion writing,
Conference skills - interviewing clients, advocacy and negotiation).
Case preparation and legal research,
Criminal & Civil Advocacy,
Civil & Criminal Litigation,
Drafting documents,
Opinion writing,
Conference skills - interviewing clients, advocacy and negotiation).
103 of 112
What are the four inns of Court?
What must barristers complete to be called to the Bar?
What must barristers complete to be called to the Bar?
Lincoln's inn,
Inner Temple,
Middle Temple,
Gray's inn.
Join an inn,
Complete 12 qualifying sessions or residential training weekends.
Inner Temple,
Middle Temple,
Gray's inn.
Join an inn,
Complete 12 qualifying sessions or residential training weekends.
104 of 112
What do the barristers complete to gain a place in chambers?
How can barristers apply for this?
How can barristers apply for this?
On the job training : pupillage.
Online facility called the Pupilage Gateway.
Online facility called the Pupilage Gateway.
105 of 112
What is the first six months of pupillage spent doing?
What is the second six months spent doing?
On completing pupillage, what can be obtained and what does this mean?
What is the second six months spent doing?
On completing pupillage, what can be obtained and what does this mean?
Observing cases & assisting barristers with research.
Work shadowing continues & pupil barristers take own simple cases under supervision.
Tenancy - permanent place in barristers chambers.
Work shadowing continues & pupil barristers take own simple cases under supervision.
Tenancy - permanent place in barristers chambers.
106 of 112
What two things regulate barristers?
The General Council of the Bar.
Bar Standards Board.
Bar Standards Board.
107 of 112
What does the general council of the bar act like for barristers?
How does it represent the interests of the Bar?
How does it represent the interests of the Bar?
A trade union.
Promotes high quality specialist advocacy and advisory services available,
Makes bar's views known to government about issues such as legal aid payment rates.
Promotes high quality specialist advocacy and advisory services available,
Makes bar's views known to government about issues such as legal aid payment rates.
108 of 112
What else does the council promote for barristers?
What did the council used to be responsible for?
Where has this power now been passed to?
What did the council used to be responsible for?
Where has this power now been passed to?
Fair access to justice,
High standards of ethics & equality & diversity,
Development of business opportunities.
Disciplining barristers.
Bar Standards Board.
High standards of ethics & equality & diversity,
Development of business opportunities.
Disciplining barristers.
Bar Standards Board.
109 of 112
What three things does the Bar Standards Board oversee?
What code should barristers comply with?
Who investigates any alleged breaches of the Code?
What code should barristers comply with?
Who investigates any alleged breaches of the Code?
Training,
Professional conduct,
Disciplinary matters.
Code of Conduct.
The board.
Professional conduct,
Disciplinary matters.
Code of Conduct.
The board.
110 of 112
Where may these breaches be referred to?
What independent service arranges this?
What independent service arranges this?
A Disciplinary Tribunal.
Bar Tribunals and Adjudication service.
Bar Tribunals and Adjudication service.
111 of 112
What may sanctions from the tribunal include?
If complainants disagree with the Board's decision who can they appeal decisions to?
If complainants disagree with the Board's decision who can they appeal decisions to?
Reprimand,
Further professional training,
Fine of up to £50,000,
Suspension for up to 12 months,
Disbarring in extreme cases.
The Legal Ombudsman.
Further professional training,
Fine of up to £50,000,
Suspension for up to 12 months,
Disbarring in extreme cases.
The Legal Ombudsman.
112 of 112
Other cards in this set
Card 2
Front
What are the three types of offences in the magistrates + crowns courts?
Back
summary
triable either way
indictable
triable either way
indictable
Card 3
Front
What is a summary offence?
Where is it tried?
Give examples?
Where is it tried?
Give examples?
Back
Card 4
Front
What is a triable either way offence?
Where is it tried?
Give examples?
Where is it tried?
Give examples?
Back
Card 5
Front
What is an indictable offence?
Where is it tried and by who?
Give examples?
Where is it tried and by who?
Give examples?
Back
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