Judges In Great Britain

In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.

A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.

Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide variety of professions and social classes as possible.

Task 6. Answer the questions.

1. What kind of people are Magistrates?

2. Why are they selected?

3. Who would judge a person who had committed a crime like murder?

4. Who selects Magistrates and what is unusual about the system?

Solicitors

Solicitors undertake most of the work in magistrates’ courts and county courts - both preparation of cases and also advocacy. But litigation is only a small part of the work of the solicitor’s profession as a whole. Most are involved in commercial work relating to business e.g. dealing with commercial transactions, corporate matters, land, share and other property dealings. There is also a large amount of private client work which does not involve any litigation (if all goes to plan!) such as the conveyancing of houses, making wills, advising on tax matters and so on.

Most solicitors are graduates with a law degree. They must also undertake professional training both by a one year Legal Practice Course and then by two years under a training contract with a solicitor in practice. Solicitors operate mainly in large partnerships.

The solicitors’ profession is regulated by the Law Society which deals with matters such as training, qualifications and complaints.

Barristers

The traditional work of barristers is advocacy - they present cases in court, where their ability to speak and to think quickly "on their feet" as the evidence unfolds is what they are skilled in .The barrister will be "briefed" (instructed) by a solicitor - it is the solicitor who first contacts the client and has initial conduct of the case. However, the barrister is to a fair extent independent of the solicitor and can take an independent judgment as to how to conduct the case. Barristers are occasionally advocates in magistrates’ courts (more commonly in London than elsewhere), but they mainly work in the Crown Court (it is possible to have a solicitor advocate but this is still rare), the High Court or in appeal courts.

Related to this advocacy work, barristers also deal with advice on litigation and the drafting of documents ("pleadings") related to litigation.

Most barristers are law graduates and they likewise undergo professional training through a Bar Vocational Course and through a pupillage with a qualified barrister. More senior barristers can apply to become a Queen’s Counsel ("take silk").

Barristers are all sole practitioners, but they often share premises ("chambers") and administrative staff.

The Bar Council regulates the work of barristers.

Other

Though many legal tasks can only be provided by properly qualified individuals such as solicitors and barristers, preliminary legal advice or information is available from a wide range of other sources.

For example, the government itself gives some funding to the Citizens Advice Bureau (CAB). This is a national organisation which has hundreds of branches throughout the country. The CAB consists of a core of professional, full-time staff (some lawyers, some not) but also involves many volunteers, some of whom are again selected to ensure the availability of legal expertise.

As well as the general CAB, there are many more specialist groups which help with legal issues within their area of interest e.g.

Date: 2015-12-24; view: 1630