Who are the personnel of the legal system, and what are the roles of lawyers, judges, magistrates and juries?
The legal profession and judiciary: the roles of barristers and solicitors, the judiciary and judicial independence, lay magistrates and the jury, including selection, function and criticisms.
The legal personnel for WJEC A-Level Law Unit 1. Covers the roles of barristers and solicitors, the judiciary and judicial independence, lay magistrates, and the jury, with the selection, function, advantages and criticisms of lay people in the legal system.
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What this dot point is asking
This dot point covers the people who operate the legal system: the legal profession (barristers and solicitors), the judiciary and its independence, and the lay personnel (magistrates and juries). You need to describe each role, explain how judges and lay people are selected, and evaluate the advantages and criticisms of lay involvement and the importance of judicial independence.
The answer
The legal profession
- Solicitors advise clients, draft documents (wills, contracts, conveyances), conduct litigation and negotiate. They are regulated by the Solicitors Regulation Authority. With higher rights of audience they can now appear in the higher courts.
- Barristers specialise in advocacy and in giving expert opinions. They have full rights of audience in all courts, are regulated by the Bar Standards Board, and traditionally work from chambers. The cab-rank rule requires a barrister to accept any case within their competence.
The judiciary and judicial independence
The Constitutional Reform Act 2005 strengthened independence by creating the Supreme Court (separate from the legislature), reforming the role of the Lord Chancellor, and establishing the Judicial Appointments Commission, which selects judges on merit through an independent process. Independence matters because it allows judges to decide against the government, protect individual rights, and conduct judicial review of executive action.
Lay magistrates
Lay magistrates (justices of the peace) are unpaid volunteers who hear the great majority of criminal cases in the Magistrates' Court, usually sitting as a bench of three. They are appointed by the Lord Chancellor on the advice of local advisory committees and receive training, but are not legally qualified, so they are advised on the law by a legal adviser. Advantages include local knowledge, cost-effectiveness and lay participation; criticisms include inconsistency between benches and a lack of social representativeness.
The jury
The jury of twelve in the Crown Court decides questions of fact and returns the verdict; the judge decides the law and directs the jury. Jurors are selected at random from the electoral register and must be aged 18 to 75. Juries deliberate in secret and should reach a unanimous verdict, though a majority verdict (10-2) may be taken after a set period. Jury equity, protected by Bushell's Case, means the jury cannot be punished for its verdict and may acquit in conscience. Criticisms include the secrecy of deliberations, the risk of perverse verdicts, and the burden placed on jurors.
Examples in context
Jury equity shows why lay involvement is prized despite its costs. In Bushell's Case the court established that jurors could not be fined or imprisoned for returning a verdict the judge disagreed with, a principle that lets a jury acquit a defendant it considers morally justified even where the evidence points to guilt. The same independence runs through the judiciary as a whole: because senior judges enjoy security of tenure and salaries protected from political control, they can strike down unlawful executive action on judicial review without fear of dismissal, which is exactly what the rule of law requires. The Constitutional Reform Act 2005 cemented this by separating the Supreme Court from Parliament and handing judicial appointments to an independent commission, reducing the executive's influence over who becomes a judge.
Try this
Q1. Give one difference between a solicitor and a barrister. [2 marks]
- Cue. Solicitors are usually the client's first contact and do a wide range of work; barristers are specialist advocates instructed for court.
Q2. What does the jury decide in a Crown Court trial? [1 mark]
- Cue. Questions of fact, returning a verdict of guilty or not guilty.
Q3. Explain judicial independence and why it is important to the rule of law. [12 marks]
- What the marker wants. Security of tenure, salaries from the Consolidated Fund, immunity, and the Constitutional Reform Act 2005, then an explanation of why independence lets judges decide impartially and check the executive.
Exam-style practice questions
Practice questions written in the style of WJEC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
WJEC 201812 marksDescribe the role of the jury in a criminal trial.Show worked answer →
An AO1 task rewarding accurate description of jury selection and function.
Selection: jurors are aged 18 to 75, on the electoral register, resident for five years, and not disqualified (for example by certain criminal convictions). They are selected at random by computer from the electoral register.
Function: in the Crown Court a jury of twelve decides questions of fact and returns a verdict of guilty or not guilty. The judge decides the law and directs the jury. Juries deliberate in secret and should reach a unanimous verdict, but a majority verdict (10-2) is allowed after a set time.
Strong answers note jury equity (Bushell's Case established the jury cannot be punished for its verdict), and key criticisms (secrecy, perverse verdicts, the burden on jurors).
WJEC 202012 marksExplain judicial independence and why it is important.Show worked answer →
An AO1/AO2 task rewarding the safeguards of independence and their constitutional purpose.
Define judicial independence: judges must be free from outside pressure, especially from the executive, so they can decide cases impartially and uphold the rule of law.
Safeguards: security of tenure (senior judges hold office during good behaviour and can only be removed by both Houses of Parliament), salaries paid from the Consolidated Fund so they are not subject to annual political vote, immunity from suit for judicial acts, and the separation of powers reinforced by the Constitutional Reform Act 2005 (creating the Supreme Court and the Judicial Appointments Commission).
Importance: independence allows judges to decide against the government, protect rights and apply the law without fear, which is essential to the rule of law. Strong answers link this to judicial review of executive action.
Related dot points
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Sources & how we know this
- WJEC GCE AS/A Level Law specification (from 2017) — WJEC (2017)