$Unique_ID{COW00555} $Pretitle{405} $Title{United Kingdom The Personnel of the Law} $Subtitle{} $Author{Embassy of the United Kingdom, Washington DC} $Affiliation{Embassy of the United Kingdom, Washington DC} $Subject{legal law aid london ireland northern court advice courts england} $Date{1990} $Log{} Country: United Kingdom Book: Justice and the Law in Britain Author: Embassy of the United Kingdom, Washington DC Affiliation: Embassy of the United Kingdom, Washington DC Date: 1990 The Personnel of the Law The courts of the United Kingdom are the Queen's Courts, since the Crown is the historic source of all judicial power. The Queen, acting on the advice of ministers, is responsible for all appointments to the judiciary. Judges Judges are normally appointed from practising barristers, advocates (in Scotland), or solicitors (see below). Lay magistrates in England and Wales need no legal qualifications but are trained to give them sufficient knowledge of the law, including the rules of evidence, and of the nature and purpose of sentencing. The Scottish district court justices of the peace need no legal qualifications, but they too must take part in training. In Northern Ireland members of a lay panel who serve in juvenile courts undertake training courses; resident magistrates are drawn form practising solicitors or barristers. The Legal Profession The legal profession is divided into two branches: barristers (advocates in Scotland) and solicitors. Barristers are known collectively as the 'Bar', and collectively and individually as 'counsel'. Solicitors undertake legal business for individual and corporate clients, while barristers advise on legal problems submitted through solicitors and present cases in the higher courts. Certain functions are common to both, for example, presentation of cases in the lower courts. Although people are free to conduct their own cases, most people prefer to be legally represented in the more serious cases. Bills before Parliament are designed to increase the provision of good quality legal services for clients in Great Britain by lifting restrictions on who can provide these services. Under the proposals solicitors would be able to acquire new rights of audience in the higher courts; buildings societies, banks and other financial organisations would be able to offer conveyancing services under a scheme providing important new safeguards to clients; and people in England and Wales wanting to take legal action would be able, like those in Scotland, to negotiate a form of 'no win, no fee' agreement with their legal advisers. The Bills also propose to strengthen the system of complaints against legal practitioners by creating Legal Services Ombudsmen able to investigate how the professional bodies handle these complaints. Similar proposals for Northern Ireland are being considered. The professional organisations for barristers and advocates are the General Council of the Bar in England and Wales, the Faculty of Advocates in Scotland, and the General Council of the Bar of Northern Ireland and the Executive Council of the Inn of Court of Northern Ireland. For solicitors they are the Law Society of England and Wales, the Law Society of Scotland and the Law Society of Northern Ireland. Legal Aid A person in need of legal advice or legal representation in court may qualify for help with the costs out of public funds, either free or with a contribution according to means under the 'Green Form' scheme. Civil legal aid schemes are administered by the Legal Aid Board, the Scottish Legal Aid Board and the Law Society of Northern Ireland. Green Form Scheme People whose income and savings are within certain limits are entitled to help from a solicitor on legal matters (with the exception of wills and conveyancing in England and Wales). Such help includes advice on the relevant law, writing letters on the client's behalf, and taking the opinion of a barrister or advocate. In England, Wales and Northern Ireland it may be extended to cover representation in civil proceedings in the magistrates' court, Mental Health Review Tribunal hearings and certain disciplinary proceedings before prisons' boards of visitors. The scheme provides for initial work to be done up to a specified time limit of three hours for matrimonial work and two hours for other work. Legal Aid in Civil Proceedings Legal aid, which covers representation before the court, may be available for most civil proceedings to those who satisfy the financial eligibility conditions. An applicant for legal aid must also show not only that he or she has reasonable grounds for taking or defending proceedings but also that it is reasonable that he or she should receive legal aid. If legal aid is granted the case is conducted in the normal way, except that in England and Wales no money passes between the client and the solicitor; all payments are made through the Legal Aid Fund. In certain limited circumstances the successful unassisted opponent of a legally aided party may recover his or her costs in the case from the Legal Aid Fund. Where the assisted person recovers or preserves money or property in the proceedings, the Legal Aid Fund may have a first charge on that money or property to recover money spent on the assisted person's behalf. Legal Aid in Criminal Proceedings In criminal proceedings in England and Wales a legal aid order may be made by the court concerned if it appears to be in the interests of justice and if a defendant qualifies for financial help. An order must be made (subject to means when a person is committed for trial on a murder charge or where the prosecutor appeals or applies for leave to appeal from the Court of Appeal (Criminal Division) to the House of Lords. No person who is unrepresented can be given a custodial sentence for the first time unless given the opportunity to apply for legal aid. The Legal Aid Board makes arrangements for duty solicitors to be present at magistrates' courts to provide initial advice and representation to unrepresented defendants, and also for them to be available, on a 24-hour basis, to give advice and assistance to suspects at police stations. The services of a duty solicitor are free. In Scotland there is a duty solicitor scheme for accused people in custody in sheriff and district court cases. An 'interests of justice' and 'means' test applies only in summary cases, where decisions on applications for legal aid are taken by the Scottish Legal Aid Board. In Northern Ireland a voluntary duty solicitor scheme has been introduced at the principal magistrates' court in Belfast. Legal aid for criminal cases in Scotland and Northern Ireland is free. Law Centres In a number of urban areas law centres provide free legal advice and representation. Financed from various sources, often including local authorities, they usually employ full-time salaried lawyers and many have community workers. Much of their time is devoted to housing, employment, social security and immigration problems. Free advice is also available in Citizens Advice Bureaux, consumer and housing advice centres and in specialist advice centres run by various voluntary organisations. Law Reform In England and Wales the Law Commission is responsible for reviewing the law and making recommendations for its simplification and modernisation. A permanent body, the Commission reports to the Lord Chancellor and consists of a High Court judge and four other members who are required to be practising or academic lawyers. The Lord Chancellor also occasionally refers specific topics to the Law Reform Committee, nominating as members experts in the particular field of law involved. In criminal law matters the Home Secretary acts similarly with the Criminal Law Revision Committee. Any changes in the law are a matter for legislation. Law reform in Scotland is the responsibility of the Scottish Law Commission, which reports to the Lord Advocate. Its constitution and functions are similar to those of the Law Commission for England and Wales. In Northern Ireland the Law Reform Advisory Committee, which reports to the Secretary of State, reviews certain aspects of the civil law and makes recommendations for reform. Addresses Government Departments Home Office, 50 Queen Anne's Gate, London SW1H 9AT. Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS. Law Officers' Department, Attorney General's Chambers, Royal Courts of Justice, Strand, London WC2A 2LL. Lord Advocate's Department, Fielden House, 10 Great College Street, London SW1P 3SL. Lord Chancellor's Department, Trevelyan House, 30 Great Peter Street, London SW1P 2BY. Northern Ireland Office, Whitehall, London SW1A 2AZ. Scottish Education Department (Social Work Services Group), 43 Jeffrey Street, Edinburgh EH1 1DN. Scottish Home and Health Department, St Andrew's House, Edinburgh EH1 3DE. Scottish Office, New St Andrew's House, Edinburgh EH1 3SX. Other Organisations The Bar Council, 11 South Square, London WC1R 5EL. The Bar Council of Northern Ireland, Royal Courts of Justice, Chichester Street, Belfast BT1 3JY. Criminal Injuries Compensation Board, Whittington House, 19 Alfred Place, London WC1E 7EJ. Criminal Law Revision Committee, c/o Home Office, Queen Anne's Gate, London SW1H 9AT. Howard League for Penal Reform, 322 Kennington Park Road, London SE11 4PP. Inn of Court of Northern Ireland, Royal Courts of Justice, Belfast BT1 3NX. Justice (the British Section of the International Commission of Jurists), 95a Chancery Lane, London WC2A 2DT. Law Commission, Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. Law Reform Committee, c/o Lord Chancellor's Department, Trevelyan House, 30 Great Peter Street, London SW1P 2BY. The Law Society, Law Society House, 113 Chancery Lane, London WC2A 1PL. Law Society of Northern Ireland, 90-106 Victoria Street, Belfast BT1 3JZ. The Law Society of Scotland, 26-28 Drumsheugh Gardens, Edinburgh EH3 7YR. National Association for the Care and Resettlement of Offenders, 169 Clapham Road, London SW9 OPU. National Association of Prison Visitors, 46b Hartington Street, Bedford MK41 7RN. National Council for Civil Liberties, 21 Tabard Street, London SE1 4LA. Scottish Association for the Care and Resettlement of Offenders, 53 George Street, Edinburgh EH2 2ET. Scottish Law Commission, 140 Causewayside, Edinburgh EH9 1PR.