A solicitor gives legal advice to clients and typically deals with paperwork relating to cases as well as transactions of company. A solicitor can act on their behalf in court although a barrister’s main role is to usually represent you in more significant cases. You must have a honours degree studying law or a one year Graduate Diploma in Law course to become a solicitor or a barrister. After that; training will include the Legal Practice Course for a solicitor or the Bar Professional Training Course for a Barrister.
To become a legal executive; as well as the degree or the GDL; you would need to do a specialist CiLex Level 6 course which is suited to the role of a legal executive.
Magistrates have to complete a form of training before sitting on the bench with two others who hold more experience. They also receive a mentor where they can review progress.
The main role of a Jury is to decide whether the defendant is innocent or guilty of the charge stated in a Crown Court trial.
Judges are chosen because of reasonable length of service; around 5 to 10 years and must have been a solicitor, barrister or legal executive before becoming a judge. The Judicial College handle the training.
The first scenario will typically see a barrister take the case because of the complexities around the mode of trial. Both s.18 or s.20 GBH would typically see sentencing at the Crown Court therefore a barrister is deemed appropriate. If the defendant wished to appeal; the next court would be the Court of Appeal however there must be reasonable interest in the case or reason to believe there was an error in judgement.
The third scenario would typically see a family solicitor handle the case as the defendant is under 18.
The role of a solicitor is to establish the facts from the defendant at their first meeting. This will take place either at a police station following an arrest of an individual or the publication of an N1 Claim Form to start civil proceedings against someone. After identifying the factual evidence; the solicitor can then give legal advice to clients and typically deals with paperwork relating to cases as well as transactions of company. A solicitor can act on their behalf in court although a barrister’s main role is to usually represent you in more significant cases. This is because a barrister holds right of audience to all UK courts; more advanced to that expected of a solicitor. You must have an LLB honours degree studying law or a one year Graduate Diploma in Law course to become a solicitor or a barrister. After that; training will include the Legal Practice Course for a solicitor or the Bar Professional Training Course for a Barrister. After this; a solicitor must complete a training contract whilst a barrister must complete a pupillage before joining an Inn of Court.
Paralegals are individuals who are employed by law firms however they do not hold the required qualifications to be either a legal executive, solicitor or barrister. Their work includes the preparation of documents and helping solicitors and executives with clients. The work of a Chartered Legal Executive is broadly similar to the roles of a barrister and solicitor as they are legally qualified although the qualification is vocational; compared to the route of a barrister and solicitor where a university degree is often mandatory. To become a legal executive; as well as the degree or the GDL; you would need to do a specialist CiLex Level 6 course which is suited to the role of a legal executive. All four of these roles represent the firm they hold employment at and disciplinary procedures are often led by either the employer or the Solicitor Regulation Authority for a solicitor, the Bar Regulation Authority for a barrister or the Chartered Institute of Legal Executives for a legal executive. Misconduct in court will often lead to a charge for contempt of court.
Judges work to lead criminal and civil proceedings in court. Prospective judges must hold ten years’ experience as either a solicitor, a barrister or a chartered legal executive and are appointed by the Judicial Appointments Committee. They are different types of judges including district judges who lead cases within a local district; although these cases are generally small claims cases below £10,000 or less serious either way offences. These cases could be heard by the three lay magistrates who volunteer within the Magistrates Court. These lay magistrates are members of the community who are unqualified within the profession. Magistrates typically deal with criminal cases however because they are not qualified within the profession; they are advised by a legally qualified individual called a Legal Advisor who advise lay magistrates on rule of law and the procedure of court. Magistrates also need to be aware on civil law as they hold some jurisdiction over disputes relating to licensing of public houses, publication of collection orders for the recovery of debt and family law. Magistrates have to complete a form of training before sitting on the bench with two others who hold more experience. They also receive a mentor where they can review progress.
Circuit judges are similar although they typically hold more experience than a district judge thus work in a larger area. They typically listen to indictable offences such as robbery and usually sit in the Crown Court for criminal hearings alongside the County Court, the new Family Court which sits beside the County Court and specific divisions of the High Court for civil hearings. Other roles of judges include High Court judges who listen to the most serious of first-instance cases as well as multi-track cases in civil law. High Court judges also listen to appeals from the County or the Crown Courts and also must give permission for appeals to go up to the Court of Appeal. Consent must also be given from the Lord Justices of Appeal before the Master of the Rolls (Civil) or the Lord Chief Justice (Criminal) listens to the case thereafter. If they was to be an appeal up to the Supreme Court; permission must be sought from the Court of Appeal and the Supreme Court itself. They are ten permanent justices of the Supreme Court whose main aim to listen to cases that hold public interest or a point of law although, usually cases that go to the Supreme Court have both. All twelve justices do not sit and listen to a case together as normally a panel of five would hear the case. Cases at the Supreme Court are; like the Court of Appeal based on public interest and point of law. Judges can be disciplined if facing criminal charges or facing disciplinary measures against them.
The main role of a Jury is to decide whether the defendant is innocent or guilty of the charge stated in a Crown Court trial. There are twelve people in a jury. Jury service is compulsory and not completing the duty is seen as contempt which could result in prosecution. A jury can reach a verdict based on individual principles, even if legislation would suggest the defendant is guilty. If a juror wasn’t to attend or broke confidentiality rules about the case; they will be found in contempt of court and face prosecution but most likely struck off the case.
There is also a court usher; whose role is to make sure that the court is efficient in the handling of its cases. This includes making sure everyone involved is present, preparing the courtroom for the hearings, leading the taking of oaths and being the main source of communication between lawyers and legal advisors.
As Miss.L. Holman has been charged with Grievous Bodily Harm, her case will begin at the Magistrates Court where the defendant will state her personal details and state her plea. It will very much depend on what severity the charge falls under; as s.20 is triable either waywhich is less severe, meaning a mode of trial hearing is required as the trial could be heard at either the Magistrates Court or the Crown Court. The mode of trial hearing will decide which court the trial will be heard at. Generally, a mode of trial hearing will only take place if the defendant pleads not guilty or refuses to plead. Although; if the charge is an s.18 GBH; the trial will certainly be heard at the Crown Court as it is an indictable offence; carrying a maximum sentence of life imprisonment. The first scenario will typically see a barrister take the case because of the complexities around the mode of trial. Either s.18 or s.20 GBH would typically see sentencing at the Crown Court as the sentencing guidelines for an s.20 state a starting point of 18 months imprisonment for all offenders for a Category 2 offence. The only way a magistrates can sentence is if a community order is required therefore a barrister is deemed appropriate. If the defendant wished to appeal; the next court would be the Court of Appeal however there must be reasonable interest in the case or reason to believe there was an error in judgement. For a defendant to be prosecuted of a section 18 offence; it must be proven by the prosecutor that there was an intention to seriously injure another person. This was shown in the R v Belfon [1976] case where the Court of Appeal wanted proof of the defendants’ specific intention of seriously injuring the victim. The defendant being reckless with his action or foreshadowing the events isn’t legitimate evidence to prove intent.
In the case of Mr.M. Walker; the criminal process begins with the arrest of the individual. This will see the defendant sent to the local police station where they will be greeted by a duty solicitor who will note on the case however the individual can request their own solicitor if required. Bail can be granted however the police force must assess the risk of an escape. As all criminal cases begin at the Magistrates, the defendant will state personal details and plead either innocent or guilty. Assault and battery are usually summary offences; meaning the cases will be heard at the Magistrates Court. If the defendant has any intention of appealing; the next appellate court would be the Crown Court.
If these cases were to stay at the Magistrates; the maximum sentence would be six months imprisonment or a £10,000 fine although s85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 gives jurisdiction to the panel to impose a fine that isn’t bound to the £10,000 limit. This trial would be heard by either one district judge or a panel of three lay magistrates. It is down to them to decide innocence or guilt as well as the potential sentence. This is different to a trial at the Crown Court where it is the role of the jury to make the decision. Most of the trial procedure however is remarkably similar no matter where the venue of court is. The prosecution will present the case first with opening remarks; detailing the charges faced against the defendant, outlining the events and the evidence they hold to prove the defendant is guilty. Then; witnesses from the prosecution will then be invited to present evidence in court. Witnesses can typically present evidence live in court; through the witness stand although they can also have it read out if the experience is too traumatic. Multimedia footage; including audio and video footage can also be shown. Witnesses can also be cross-examined by the advocate representing the defendant. If the witnesses do not attend; it is possible for the court to be adjourned to a more beneficial time. After this; the advocate representing the defendant will then present his argument. If done in the right manner, the aim of this is to present doubt over the State’s case.
The case of Master. J. Annes will begin with an arrest and the defendant will be taken to the police station although his parent and guardian must be present because the individual is deemed a minor; aged 16 or under. Because of this; his court case will take place at the Youth Court which consists of specially trained magistrates and the proceedings are less formal than an adult court. As the youth court is less formal; it will be generally considered that the family solicitor will handle the case. It has a wider range of additional punishments more specific to young people; including curfews and a young detention order which can include 24 months in detention. If parents wish to appeal; they will take the case to the Crown Court. The public cannot view cases in the Youth Court.
A civil case is launched when an individual completes an N1 Claim Form to help settle a dispute with another individual or organisation. The form has a basic outline of the individual’s claim, its value as well as the personal details of both the claimant(s) and the defendant(s). Before any claim is heard in the County Court; both parties are advised to undertake a form of alternative dispute resolution (ADR) to help both parties reach a settlement. ADR includes Arbitration which is where an independent third party makes a final decision on a case that is both legally binding and enforceable. Mediation is a process where a neutral individual aids to resolve the dispute through discussions with an intention to create a settlement. Conciliation is where the claimant and defendant talk to an independent third party; often a conciliator to help find common ground. They meet with the conciliator both separately as well as together to help facilitate this. Negotiation is where the two sides actively discuss a settlement; with no outside influence. Tribunals are formal settings used to settle disputes; although less formal than a court. Typically tribunals are used for employment disputes around the unlawful termination of a contract. All decisions from a tribunal are legally binding in court and most are used to enforce the rights of an individual. The format of a tribunal is similar to that of the Magistrates Court with two lay individuals although the chairperson is often experienced within the legal profession; usually as a solicitor.
In regards to the scenarios; negotiation would be the most appropriate for scenario 4. This is because it is a debt claim involving two companies; allowing for a repayment plan over a period of time or some of the claim to be written off. Another way to help settle before reaching court would be arbitration. For scenario 5; the recommended route would be conciliation or a tribunal for breach of contract. Conciliation would be ideal as the first aim should be for the work to be resumed and eventually completed although if this cannot happen; an employment tribunal is recommended. Both of these would allow for the case to be kept private which would not affect the public relations and integrity of the companies involved. Also; it would help the companies in debt not to amount more by paying legal fees in court.
If ADR doesn’t create a settlement between the two parties; the cases then can be heard in court. Scenario 4 would be heard at the County Court as it falls under small claims; cases with a value below £10,000 and the parties will be represented by a solicitor. For scenario 5; the case will either be heard at an employment tribunal or the High Court as it is more advanced; falling under the multi-track and also requiring a barrister. Appeals from there will include the High Court for scenario 4. After that as with scenario 5; the cases would go to the civil division in the Court of Appeal and the Supreme Court. However; for cases to qualify for these courts; the cases must have significant public interest or a point of law must be disputed. The procedure is fairly similar to that of a criminal trial; a district judge will hear the case and will call on the representative of the claimant to present his case before calling on his evidence. The defendant will do the same before the judge makes judgement.
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