Legal Personnel

• The role of judges is to apply the law as stated by Parliament. Parliament is the supreme law maker and so courts cannot question the law, merely interpret it.
• Judges have a key role in controlling the exercise of power by the state through judicial review and through the Human Rights Act 1998, with the power to issue Section 4 declarations of incompatibility (A and X and others v Secretary of State for the Home Department (2004)).
• s2 Human Rights Act 1998 – judges should 'take into account' decisions of the European Court of Human Rights.
• s3 Human Rights Act 1998 – all legislation should be interpreted in a way which is compatible with the European Convention on Human Rights.
• Roles of judges


  • Preside over civil and criminal cases
  • In criminal cases, guilt is decided by the jury and the judge will pass sentence
  • In most civil cases, the judge will decide the issue of liability and the amount of damages to be awarded
• The establishment of the Supreme Court under the Constitutional Reform Act 2005 means that the superior judges are completely separate from Parliament (Rule of Law).
• Lord Chancellor


  Role has existed for over 1,400 years but recently it has been seen to conflict with the doctrine of separation of powers
• In 2003, the government said it wanted to get rid of the role of the Lord Chancellor but this has not yet happened.
• The Constitutional Reform Act 2005 has maintained the role of the Lord Chancellor but the powers of the Lord Chancellor have been changed significantly.
• Changes to the role of the Lord Chancellor


  • No longer sits as a judge in the House of Lords
  • No longer heads the judiciary
  • No longer takes a role in judicial appointments process
  • Potentially drawn from a background other than law (s2 Constitutional Reform Act 2005)
  • Is required to be a member of the House of Lords
  • Automatically becomes Speaker of the House of Lords
• The Judicial Appointments Commission (JAC) is not involved in appointing judges to the Supreme Court.
• Tribunals, Courts and Enforcement Act 2007: eligibility to become a judge is based on number of years of post-qualification experience.
• Appointments are now made solely on merit and posts are widely advertised to encourage a wide range of candidates to apply.
• There is no formal system for promoting judges, as it is believed that the desire to be promoted may affect their decision making.
• Any promotion is dealt with in the same way as the initial appointment process, through the Judicial Appointments Commission (JAC).
• Judicial Independence


  Judges should be independent and this must be upheld at all times - s3 Constitutional Reform Act 2005
• Judges are often criticised for mostly being white males and having attended public school and/or Oxford and Cambridge universities. They are perceived as out of touch with everyday society.
• Judges may also have limited training and lack specialisation, so approaches to cases may be inconsistent.
• Barristers


  Specialist legal professionals who focus on advocacy and presenting cases in court
• Barristers and solicitors do similar work, but they differ in the amount of time dedicated to this work, with barristers spending more of their time in court
• 42% women, 11% BAME, 72% Court Judges are over 50 (Sept 2023: HO Official Statistics)
• Barrister


  Consultant or specialist in the legal profession
• The Constitutional Reform Act 2005 established the Supreme Court, which replaced the House of Lords to completely separate the UK's senior judges from the Legislature. This is to emphasise the independence of the judiciary.
• Legal professions


  • Barristers
  • Solicitors
  • Paralegals
  • Legal executives
• The Supreme Court is the highest appeal court in the UK.
• Solicitors


  • There are approximately 143,000 practising in England and Wales, with 80% being in private practice
  • Their governing body is the Law Society and all practising solicitors must be a member
  • They are regulated by the Solicitors Regulation Authority
• In August 2009, the justices moved out of the House of Lords and into their own building. They sat for the first time as the Supreme Court in October 2009.
• Solicitors


  General practitioners of the law
• Types of work solicitors do


  • Conveyancing
  • Drawing up wills
  • Drafting contracts
  • Writing letters
  • Family and matrimonial work
  • Advocacy in Magistrates' Court
  • Full rights of audience since the Access to Justice Act 1999
• Twelve judges are appointed to the Supreme Court by the King on the recommendation of the Prime Minister.
• Barristers have always had full rights of audience
• The Lord Chancellor recommends these judges to the Prime Minister following a selection commission set up by the Lord Chancellor.
• Solicitors' offices range from large firms to sole practitioners, with most law firms being small</b>
• The senior Lord of Appeal is called the President of the Court.
• Rights of audience


  The right to appear as an advocate in any court
• Traditional routes for solicitors' training


  1. Law degree

  2. Training contract (two years)

  3. Graduate Diploma in Law (one year)

  4. Degree in another subject

  5. Legal Practice Course (one year)
• Graduate Diploma in Law


  One-year course for those who have not got a degree in Law, learning the core legal modules
• Legal Practice Course


  One-year vocational course teaching key skills needed to become a solicitor, including client interviewing, drafting documents and letters, negotiation, administration, finance, marketing, and running a solicitor's firm
• Training contract


  Two-year practical experience working in a solicitors' firm, including a 20-day Professional Skills Course
• Solicitors Qualifying Examination (SQE)


  New system to qualify as a solicitor, requiring a degree or equivalent, passing both stages of the SQE, and completing two years' qualifying work experience, which can be gained at up to four different solicitor firms