Welcome to Legal Personnel: The People Behind the Law!

Hi everyone! In this chapter, we are pulling back the curtain on the English legal system to meet the people who make it run—from the powerful judges in the Supreme Court to the ordinary citizens serving on a jury. Understanding these roles is crucial because they determine how justice is applied and delivered.

Don't worry if the names of the bodies (like SRA or JAC) seem confusing at first. We will break them down piece by piece. Think of this chapter as meeting the team that plays the game of law!

1.3.1 The Judiciary: Superior and Inferior Judges

The judiciary refers to the judges who preside over the courts. They are divided into two main categories based on their level of experience, salary, and the court they sit in.

Superior Judges

These judges sit in the senior courts, primarily the High Court, Court of Appeal, and Supreme Court. They handle the most complex and serious cases, and crucially, they are responsible for creating precedent (new law).

  • Examples: Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges.

Inferior Judges

These judges sit in the lower courts, primarily the County Court (civil) and the Crown Court (criminal). They focus on applying existing law rather than creating new law.

  • Examples: Circuit Judges, District Judges, Recorders (part-time judges).

Quick Analogy: Think of a judicial system like a major sports league. The Superior Judges are the top-tier referees who make system-wide rulings (precedent), while the Inferior Judges are the referees for the regular season games, enforcing the existing rules day-to-day.

Qualifications for Judges

In modern English law, the path to becoming a judge generally requires prior experience as a legal professional (barrister or solicitor). The required number of years of experience depends on the specific judicial post.

  • Historically, all judges had to be barristers. Today, Solicitors are increasingly appointed, especially following reforms that promoted accessibility.
  • For the most senior roles (like the Supreme Court), candidates must usually have held high judicial office or practiced as a senior lawyer for many years.

Selection and Appointment (The JAC)

The selection of judges is handled by the Judicial Appointments Commission (JAC). This body was established to make the selection process transparent, modern, and merit-based.

Step-by-Step Selection Process:
  1. Advertising: The JAC advertises vacancies.
  2. Application: Candidates apply (usually including self-assessment, references, and tests).
  3. Shortlisting & Interview: Candidates are selected based strictly on merit.
  4. Recommendation: The JAC recommends the successful candidate to the Lord Chancellor.
  5. Appointment: The Lord Chancellor formally appoints the candidate (for most senior positions, the Queen makes the final appointment based on advice).

Did you know? Using the JAC helps maintain public trust because appointments are based on ability and not political favouritism.

Role of Judges

  • In Trial Courts: Oversee proceedings, ensure rules are followed, decide on points of law, and determine sentencing (in criminal cases) or damages (in civil cases).
  • In Appellate Courts: Review decisions from lower courts, hear appeals, and interpret the law (Statutory Interpretation).

Training

Training is conducted by the Judicial College.

  • Initial Training: Focuses on court procedure, sentencing, and judicial skills.
  • Ongoing Training: Includes updates on changes in the law and courses on sensitive topics, such as social awareness and ethics.

Retirement and Removal

  • Judges typically retire at 70 years old (though there are exceptions).
  • Removal: Inferior judges can be removed by the Lord Chancellor for misconduct. Superior judges, however, can only be removed by the Monarch following a request from both Houses of Parliament (This is extremely rare, showing their high degree of protection).

Judicial Independence (A Core Concept)

This is arguably the most important principle of the judiciary.

  • Definition: Judges must be free to make decisions based only on the law and facts, without fear of political pressure or interference from the state or public opinion.

This independence is guaranteed by:

  • Security of Tenure: Superior judges cannot easily be fired (see removal process above).
  • Immunity from Suit: Judges cannot be sued for actions taken while performing their judicial duties.
  • Separation of Powers: The judiciary is kept separate from the government (Executive) and Parliament (Legislature).
Key Takeaway for Judges:

Judges are selected on merit by the JAC, are classified as superior or inferior, and their independence is constitutionally protected to ensure fairness in the legal system.

1.3.2 Legal Professionals: Barristers, Solicitors, and Legal Executives

These are the core personnel who advise clients, draft documents, and present cases in court.

1. Barristers

Barristers traditionally specialise in courtroom advocacy (speaking in court) and offering expert legal opinions (counsel).

  • Role: They primarily work from Chambers (sets of offices) and are often self-employed. They receive instructions via solicitors (though they now have Direct Access rights).
  • Qualifications: Law degree (or conversion course) + Bar Professional Training Course (BPTC) + a period of apprenticeship called Pupillage.

2. Solicitors

Solicitors are the first point of contact for clients. They handle the vast majority of legal work outside of major trials.

  • Role: Client interviews, legal advice, drafting documents, negotiation, and preparing cases for court. They have full Rights of Audience (the right to speak) in the lower courts and can gain rights in the higher courts after special training.
  • Qualifications: Law degree (or conversion course) + Solicitors Qualifying Examination (SQE) (replacing the LPC) + a period of supervised work experience (Qualifying Work Experience).

3. Legal Executives (CILEX)

Chartered Institute of Legal Executives (CILEX) members are qualified to specialise in a particular area of law (e.g., conveyancing, probate). They offer a more vocational pathway into the profession.

  • Role: Carry out similar tasks to solicitors within their area of specialisation. They can also gain limited rights of audience.
  • Qualifications: Vocational learning and work experience, culminating in CILEX professional qualification.

Regulation of Legal Professionals

Regulation is vital to ensure ethical standards, competence, and public protection.

Barristers Regulation:
  • The Bar Council: Represents the profession and promotes the interests of barristers.
  • Bar Standards Board (BSB): The regulatory arm. They set the professional standards and rules of conduct, and handle disciplinary action.
Solicitors Regulation:
  • The Law Society: Represents solicitors' interests (like a trade union).
  • Solicitors Regulation Authority (SRA): The regulatory arm. They set standards, monitor competence, and deal with complaints and discipline.
Consumer Protection:
  • Legal Ombudsman: Handles complaints from clients about the standard of service (e.g., poor communication, delays, or high fees) provided by barristers, solicitors, and legal executives. The Ombudsman can award compensation.
Memory Aid:

Remember that the professionals have a professional body (Bar Council/Law Society) and an independent regulatory body (BSB/SRA).

Barristers -> BSB
Solicitors -> SRA

Key Takeaway for Professionals:

Barristers focus on advocacy, Solicitors on client management, and Legal Executives on specialist vocational work. All are strictly regulated by their respective bodies (BSB and SRA) and subject to review by the Legal Ombudsman.

1.3.3 Lay Personnel

Lay personnel are ordinary citizens who participate in the legal process without holding formal legal qualifications. Their inclusion is central to the concept of justice being delivered by peers.

1. Lay Magistrates (Justices of the Peace - JPs)

Lay Magistrates are volunteers who form the core of the criminal justice system.

  • Role in Civil Cases: Very limited, sometimes handling minor family matters.
  • Role in Criminal Cases: They hear over 90% of criminal cases (summary offences) in the Magistrates’ Court. They decide guilt or innocence and pass sentences (up to 6 months imprisonment). They also handle bail applications and preliminary hearings for more serious cases.

Qualifications for Lay Magistrates

Magistrates are not required to be legally qualified, but they must meet six key qualities, including:

  • Good character.
  • Understanding and communication.
  • Social awareness.
  • Maturity and sound temperament.
  • Commitment and reliability.
  • Judicial aptitude (the ability to decide impartially).

They must be aged between 18 and 70 and live or work close to the court where they sit.

Selection and Appointment

Lay Magistrates are appointed by the Lord Chief Justice on the recommendation of a Local Advisory Committee.

  1. Initial Interview: Focuses on character and the six key qualities.
  2. Second Interview: Practical discussion of case studies to test judicial aptitude.
  3. Recommendation: The Committee forwards recommended names.

Training

Magistrates are advised on points of law and procedure by a legally qualified Legal Advisor (or Clerk of the Court), who does not participate in the actual decision-making.

  • Initial Training: Induction, followed by supervised sittings and core training covering law, procedure, and sentencing.
  • Mentor System: They are assigned a mentor during their first year.

2. The Jury

The jury consists of 12 members of the public who sit in the Crown Court to decide serious criminal cases (indictable offences).

  • Role: They are the ultimate deciders of fact (Did the defendant commit the crime?), while the judge decides points of law. They return a verdict of "Guilty" or "Not Guilty."

Qualifications for Jury Service

To qualify, a person must be:

  • Aged 18 to 75.
  • On the electoral register.
  • A resident in the UK for at least five years since age 13.

Certain people are ineligible, such as those with serious criminal convictions or those currently suffering from a mental disorder.

Vetting and Challenges

The selection process aims to ensure the jury is impartial:

  • Routine Vetting: Checks are made against criminal records.
  • Wider Vetting (Rare): Used only in national security cases (with the Attorney General’s permission) to check against police and security service records.

Both the prosecution and defence have rights to challenge a juror:

  • Challenge to the array: The entire jury panel is challenged on the basis that it is unrepresentative (e.g., if the method of selection was flawed).
  • Challenge for cause: Challenging an individual juror because they are personally known to or biased against one of the parties.

Alternatives to the Use of the Jury

While the jury is seen as a constitutional right, there are proposals and circumstances where alternatives might be used:

  • In cases of jury tampering (where jurors are intimidated or corrupted), the trial might be conducted by a single judge without a jury (though this is extremely controversial as it removes trial by peers).
  • Proposals sometimes suggest specialised panels for highly complex fraud cases, although this has generally been resisted.
Key Takeaway for Lay Personnel:

Lay Magistrates handle the bulk of criminal cases and are supported by a legal advisor. Juries are the deciders of fact in serious criminal trials, ensuring the public has a voice in the outcome of justice.

Quick Review Box: Legal Personnel Definitions

JAC: Judicial Appointments Commission. Independent body selecting judges based on merit.

BSB: Bar Standards Board. Regulates barristers.

SRA: Solicitors Regulation Authority. Regulates solicitors.

Lay Magistrate (JP): Volunteer member of the public deciding facts and sentencing in most criminal cases.

Jury: 12 members of the public deciding guilt or innocence (fact) in serious Crown Court cases.


Remember these roles and their regulatory bodies—they are frequent targets for essay and short answer questions in Paper 1!