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$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 Sco