Preview

Compare and contrast the role and function of judges

Good Essays
Open Document
Open Document
685 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Compare and contrast the role and function of judges
Compare and contrast the role and function of judges, lawyers and lay people within the English Courts
Judges, lawyers and lay people all contribute to the English courts however the roles that each of them play are different.
There are two types of lay people that have a role in the English Courts, solicitors and barristers. A solicitor’s main function is to perform all of the legal work outside the court however they work together with barristers whose main function is to defend the client in the court using the paperwork that their solicitor has provided. They both provide their client with advice on the case and in some cases predict the outcome so that their clients know what to expect. In contrast judges role is to interpret the law and assess the evidence they have been presented, they control hearings and trials that take place in their court rooms and may sometimes be required to pass sentences. Magistrates and jurors also sit in court with judges and barristers. Magistrates must use their range of skills and abilities to deal with criminal cases and adjudicate in the case of a summery trial and in most cases pass sentence. Magistrates do not hear all trials, they must send the most serious cases to the High Court so that harsher sentence can be imposed. Jurors listen to all of the evidence that has been presented to them and represent ‘trial by ones peers’.
Solicitors can work for a big range of organisations and with individuals such as commercial or non-commercial law firms, the government, private businesses and banks because they have specialist knowledge of the different areas of law just like barristers who also have specialist knowledge of the law. In contrast barristers can be self-employed unlike solicitors who can only be self-employed after at least 3 years on the job, being self-employed means that lawyers are paid according to their own rates rather than having an annual wage. Barristers do not have as much contact with the public as

You May Also Find These Documents Helpful

  • Powerful Essays

    An individual may apply to become a lay justice and then be interviewed. The Advisory Committees conduct the interviews of would-be lay justices and decide whether the applicant is a suitable person. Essentially, Adivisory Committees are made up, for the most part, of lay justices; but the Lord Chancellor now requires at least a third of the membership to consist of other local people who are not lay justices. In making their recommendations, Advisory Committees not only consider the personal suitability of candidates but also the number of vacancies and the need to ensure that the composition of each bench broadly reflects the community which it serves.…

    • 1782 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    In most courtrooms, there are groups of essential players that work together on a regular basis. They are composed of a combination of professionals. These professional are the ones which understand all phases of a criminal trial, and they all work together in fulfilling the functions of the court.…

    • 279 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Furthermore, the barristers appear to be strongly against the Court and Legal Services Act of 1990, which would allow solicitors to represent their clients in court, “starting a…

    • 857 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Unit 23 - D1

    • 2776 Words
    • 12 Pages

    Lay people are extremely useful individuals within the civil and criminal courts within the English legal system. The most influential lay people are the Lay Magistrates and the Jury who have important roles with the legal system. Magistrates usually deal with most cases that are heard within the criminal system. They are the decision makers as to guilt or innocence making 97-99% of all cases while on the other hand 1% of cases are heard with a jury present. This shows us that those that are not legally qualified make most decisions regarding the criminal justice system, which means that they are ordinary people who hail from different backgrounds within society.…

    • 2776 Words
    • 12 Pages
    Good Essays
  • Good Essays

    As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. The reasons that the judges can lose their job is by retirement or if they have been accused of any crime.…

    • 239 Words
    • 1 Page
    Good Essays
  • Good Essays

    * Judge and lawgiver, magistrates for some cases such as adoption, marriage and public roads.…

    • 829 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Unit 23

    • 6999 Words
    • 28 Pages

    This court deals with mainly criminal cases but rarely civil cases. All criminal cases start off in the Magistrates’ Court and are heard by either lay magistrates or district judges. District judges are legally trained but lay magistrates are not, they do however have to be assisted by a legally trained clerk. Magistrate Courts will only hear cases that have happened in their area and can only administer punishment of up to £5,000 or 6 months imprisonment. If the crime requires more than what the magistrate can administer than the case will be passed on to the Crown Court. Jury can also move up the case to the Crown Court if the defendant asks for trial.…

    • 6999 Words
    • 28 Pages
    Better Essays
  • Good Essays

    Judges represent an important central role in adjudicating disputes in a fair, unbiased manner by applying legal rules and play a vital role in controlling the exercise of power by the state. Judges may leave their position by the termination of an appointment: Dismissal due to breaching judicial disciplines, resignation of their own choice or suggestion by the Lord Chancellor for misbehaviour, removal due to disability by permanent infirmity from performance of duties and retirement at the age of 70 under the Judicial Pensions and Retirement Act 1993.…

    • 662 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The judge’s role in the justice system is complex. This is because there are a number of tasks that must be performed…

    • 1288 Words
    • 6 Pages
    Good Essays
  • Good Essays

    In this Essay we are going to look at the American court system. I am going to describe a court and its purpose. We are going to look at the dual court system. I will define the role of the courts in the criminal justice today. We are going to look at the early legal codes, the common law, and precedent played in the development of the courts.…

    • 728 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The responsibilities of a judge in the criminal justice process consist of a variety of duties; no court judge have just one duty or job to complete on a daily bases. Some of these duties include determining probable cause, signing warrants, informing suspects of their rights, setting and revoking bail, arraigning defendants, and accepting guilty pleas. When a judge is not in court, most of the time, they are negotiating dispositions with prosecutors and defense attorneys. The most important responsibility is to ensure suspects and defendants are treated fairly in compliance with Due Process of Law. In a jury trial the judge is responsible for allowing the jury a fair chance to reach a verdict. Before releasing them to deliberate or discuss…

    • 151 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    k.bjbh

    • 809 Words
    • 4 Pages

    Deficit model , Brenda Hale , Ministry of Justice, sex discrimination act1975, race relations act 1995 , disiabilty discrimation act 1995 alll put into one document in 2010 the equality act.…

    • 809 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The Supreme Court and federal judges have very similar nomination and appointments but with little differences. Supreme Court Justices and members of Congress serves different elected terms. The Congress contains the Senate and the House of Representatives, which have different election serving terms. The way the Congress and Supreme Court Justices are selected differ, one by the president and the other by popular vote.…

    • 536 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Criminal Trial Process

    • 3916 Words
    • 13 Pages

    Each court has its own jurisdiction or area over which it has authority to hear matters. Minor matters such as summary offences are dealt with lower in the court hierarchy; the higher courts are reserved for more serious matters, indictable offences and appeals from the lower courts.…

    • 3916 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    The Courtroom Workgroup

    • 1217 Words
    • 4 Pages

    A judge is the ultimate authority in the courtroom, and satisfies both the rights of the accused and public interests in justice administration. Judges on the Federal level are nominated by the President and those nominations are confirmed by the Senate. Judges on the state level are put in power by election or appointment by the Governor. Judges must weigh objections, decide on the admissibility of evidence presented, maintain order, and discipline on anyone who interferes with the operation of the court. In trials with no jury, or a bench trial, the judge will determine guilt or innocence.…

    • 1217 Words
    • 4 Pages
    Good Essays

Related Topics