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Tuesday, February 26, 2019

Compare and Contrast the Role of Lay Personell

Comp be and contrast the office staff of and function of judge, integrityyers and sic batch within the English court of justices Lay people atomic number 18 individuals with no legal training from a variety of backgrounds which is tell to be used to promote an equal society. The role of Magistrates and Jurors be standardized in sorts of char influenceeristics needed for example both must be aged 18-70 and those who argon in the police or have preceding criminal convictions are ruled out.The selection process is however genuinely polar, the original Chancellor will appoint lay magistrates on behalf of the cigarette whereas jurors are selected by an electoral register for the area in which the court is situated and is done by a computer at the exchange Summoning Bureau. Lay Magistrates are unpaid, part time volunteers whereas jurors are too unpaid but may be unwilling however failure to attend can result in prosecution or a fine.Magistrates can claim a small allowance and compensation for bemused earnings. Both parties make their decision based on facts, such(prenominal) as guilt or innocence in trials whereby the difference is that Magistrates can objurgate the defendant whereas jurors cannot. Both are used in the right for a trial by our peers, ordinary people with experience of real career situations. Jurors will serve for a gunpoint of usually two weeks as apposed to Magistrates who will serve part time for different periods of time.Although lay magistrates and soil resolve do a very similar job in that location are many differences between how they naturalise, their qualifications and employment. Lay magistrates, otherwise known as Justice of the Peace sit in magistrates courts, generally in groups of three, whereas judges usually sit alone. 1999 there were 90, of whom about 20% were women, whereas there are an almost equal number of men and women magistrates, showing that judges are not a mirror image of trial by ones peers such as lay people.Judges are members of the professional judiciary who are lawfully qualified and salaried, working full time whereas the lay magistrate and jury are not paid and work part time/ a period of two weeks. Judges have practised for at least 7 grades as a barrister or a solicitor. One way to become a solicitor is have A levels and go onto a lawfulness degree then do 1 year on a legal practice conformation, then do a 2 year training period. One way to be a barrister is to do a Law degree then become a member of an hostel court and dine at the Inn or attend pass courses, then do a 1 year ocational training course before being called to the bar. No formal qualifications are required for a lay magistrate or jury, but they do need intelligence, common sense, legality and the capacity to act fairly. Lay magistrates are appointed by the Lord Chancellor (on behalf of the Queen) on the recommendation of the 100 local advisory committee, judges are to a fault appointed by the Lord Chancellor and are appointed from those who have held advocacy qualifications for seven years.Soliciters play a solely different role all together, they tend to work alongside a Legal executive with the Legal executive being the Solicitors assistants, they will need with the more straight forward cases themselves such as preparing wills or leases and too have limited rights of audience in court, mainly making applications in the County court where cases are not defended. Barristers are the specialists of the court room. However erstwhile a barrister receives his/her certificate to practice they undertake a completely different life style.This life requires them to dress in dark black gowns and uninfected woolen wigs whilst they advocate in courts such as the crown court. They as well wear this uniform whilst they are in their chamber and when they are prominent out legal advice on their specialist subject of higher law unlike lay people who do not require a uniform and solic iters must wear a smart suit. Soliciters will send word a Barrister for their client, and unlike barristers will establish a compelling defending team for the barrister to then stand up in court and argue it for the client.However both parties must have a comprehesive understanding of law and soliciters can also give Barristers law advice on cases of law. E. g. negligence, wills, conveyancing etc. Unlike lay people and soliciters practicing Barristers are usually self-employed but usually work from sets of chambers with approximately 20 members in order to share disposition costs and a clerk. More recent access to Justice act gives solicitors the right to do advocacy so they can also depend in court as advocates but need to gain an advocacy certificate before they can do so, unlike barristers.

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