Tony Lyko
Unit 1 M1- Compare and contrast the role and functon of judges, lawyers and lay people within
the English courts
Judges
1ST instance judges- There are three types of 1st instance judges they include district judges who sit
in the county court, circuit judges who also sit in the county court and high court judges who sit in
the high court. The courts of frst instance judges usually sit at crown court, county court and high
court. During a criminal court case the judge does not decide on the guilt of the defendant but the
jury does but the judge would sum up the case for the jury, on the other hand with a civil case the
judge does make the fnal decision and mainly decides on the labiality and remedy of the case and
based on the favour of one party. With the evidence Court of First Instance judges hear both oral
and writen evidence, as with criminal cases the judge can sentence both custodial and non-
custodial sentence which is maximum sentencing. First instance judges do not usually hear appeal
but only do when appeals already heard at Magistrates’ Court would now be heard in the Crown
Court for appeal and Appeal from a District judge is heard in the same County court by a Circuit
judge.
Appeal court judges- The judges in the appeal court are high court judges who sit at high court, law
lords who sit at Supreme Court, a circuit judge who sit in the county court and Lord Justces of
Appeal sit in the Court of Appeal. The appeal court judges sit in the court of appeal, high court
(divisional courts) and the supreme court, they sir with other judges in higher courts but normally 3-
5 in the high court. With criminal cases the judge would make the fnal decision but in civil cases the
judge usually makes the fnal decision but can chose not to. The appeal court judges only have
writen evidence in front of them which is provided, the sentencing is that they can decide whether
they want to support the lower court’s decision or they can also clear the defendant otherwise fnd
them guilty, also they may increase or decrease the sentencing already given. Appeal court judges
hear all types of appeal made to the court, but the defendant would need permission from the
courts. This can only be granted if the courts believe the case has a chance of success, the grounds
they can only appeal on is if they are against the convicton or sentencing, if there has been an error
in the law while the decision was made or if there is any sorts of new evidence provided.
Lawyers
Solicitor- To qualify as a solicitor, you have to have a degree but it does not have to be a law degree,
or they could take a one year conventon course, also have one year legal practce course and a two
year training contract in a law frm. To progress their careers solicitors could do this by being a
partner within a law frm or go through more training to become a solicitor advocate. When
handling a case they would get approached directly by the clients, solicitors persuade the jury,
magistrates, judges and the other pole in favour of their client. Lawyers have rights only a limited
right of audience in the Magistrates and County Court, can also go to a higher court if they have a
solicitor advocate. Solicitors in criminal cases would advise their client at the police staton and
before the case starts, also would do advocacy in in magistrate’s court but In civil cases for barristers
they would drafs documents such as contracts, wills and advice on buying houses, also be giving
writen advice, they would also so advocacy in county court.
Unit 1 M1- Compare and contrast the role and functon of judges, lawyers and lay people within
the English courts
Judges
1ST instance judges- There are three types of 1st instance judges they include district judges who sit
in the county court, circuit judges who also sit in the county court and high court judges who sit in
the high court. The courts of frst instance judges usually sit at crown court, county court and high
court. During a criminal court case the judge does not decide on the guilt of the defendant but the
jury does but the judge would sum up the case for the jury, on the other hand with a civil case the
judge does make the fnal decision and mainly decides on the labiality and remedy of the case and
based on the favour of one party. With the evidence Court of First Instance judges hear both oral
and writen evidence, as with criminal cases the judge can sentence both custodial and non-
custodial sentence which is maximum sentencing. First instance judges do not usually hear appeal
but only do when appeals already heard at Magistrates’ Court would now be heard in the Crown
Court for appeal and Appeal from a District judge is heard in the same County court by a Circuit
judge.
Appeal court judges- The judges in the appeal court are high court judges who sit at high court, law
lords who sit at Supreme Court, a circuit judge who sit in the county court and Lord Justces of
Appeal sit in the Court of Appeal. The appeal court judges sit in the court of appeal, high court
(divisional courts) and the supreme court, they sir with other judges in higher courts but normally 3-
5 in the high court. With criminal cases the judge would make the fnal decision but in civil cases the
judge usually makes the fnal decision but can chose not to. The appeal court judges only have
writen evidence in front of them which is provided, the sentencing is that they can decide whether
they want to support the lower court’s decision or they can also clear the defendant otherwise fnd
them guilty, also they may increase or decrease the sentencing already given. Appeal court judges
hear all types of appeal made to the court, but the defendant would need permission from the
courts. This can only be granted if the courts believe the case has a chance of success, the grounds
they can only appeal on is if they are against the convicton or sentencing, if there has been an error
in the law while the decision was made or if there is any sorts of new evidence provided.
Lawyers
Solicitor- To qualify as a solicitor, you have to have a degree but it does not have to be a law degree,
or they could take a one year conventon course, also have one year legal practce course and a two
year training contract in a law frm. To progress their careers solicitors could do this by being a
partner within a law frm or go through more training to become a solicitor advocate. When
handling a case they would get approached directly by the clients, solicitors persuade the jury,
magistrates, judges and the other pole in favour of their client. Lawyers have rights only a limited
right of audience in the Magistrates and County Court, can also go to a higher court if they have a
solicitor advocate. Solicitors in criminal cases would advise their client at the police staton and
before the case starts, also would do advocacy in in magistrate’s court but In civil cases for barristers
they would drafs documents such as contracts, wills and advice on buying houses, also be giving
writen advice, they would also so advocacy in county court.
