Lord Chancellor's Advisory Committee on Legal Education and Conduct

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The Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) was an advisory board established by the Courts and Legal Services Act 1990 and tasked with assisting in "the maintenance and development of standards in the education, training and conduct of those offering legal services". [1] It was broken up in 1999, and replaced by the Legal Services Consultative Panel. [2]

Courts and Legal Services Act 1990

The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.

The Legal Services Consultative Panel is an advisory body of the United Kingdom government tasked with advising the Lord Chancellor on the regulation and training of lawyers and other figures offering legal services. Established by Section 35 of the Access to Justice Act 1999, the body came into existence on 1 January 2000 and replaced the Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC).

Contents

History

ACLEC was established by Section 19 of Part II of the Courts and Legal Services Act 1990 after being proposed in the Green Paper The Work and Organisation of the Legal Profession. The body officially came into existence in April 1991, and undertook its first major task in 1992 when it began reviewing the state of legal education in England and Wales. [2] After two consultation papers in 1994 it published a pair of full reports in 1995, titled Access to and participation in undergraduate legal education and Funding legal education. [2] The Committee issued two more reports - First report on legal education and training in 1996 and Continuing professional development for solicitors and barristers [2]

England and Wales Administrative jurisdiction within the United Kingdom

England and Wales is a legal jurisdiction covering England and Wales, two of the four nations of the United Kingdom. "England and Wales" forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

In 1999 ACLEC was abolished by Statutory Instrument 1999/3296 (The Lord Chancellor's Advisory Committee on Legal Education and Conduct (Provisions on Abolition) Order 1999) and replaced by the Legal Services Consultative Panel, an organisation within the Lord Chancellor's Department. [3]

The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.

Structure

The Committee consisted of a chairman (who must be a Lord of Appeal in Ordinary, Lord Justice of Appeal or a High Court judge) and sixteen other members, all appointed by the Lord Chancellor. [4] The first chairman appointed was Lord Griffiths, a Lord of Appeal in Ordinary. [4] The sixteen other members were divided so that one was a Circuit Judge or former Circuit Judge, two were practising barristers, two were practising solicitors, two were law teachers or lecturers and nine were "lay members", which is defined as any person other than a judge, practising barrister, practising solicitor or law teacher. [4]

William Hugh Griffiths, Baron Griffiths, MC, PC was a British soldier, cricketer, barrister, judge and life peer.

Barrister lawyer specialized in court representation in Wales, England and some other jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Section 19 of the Courts and Legal Services Act amended the House of Commons Disqualification Act 1975 to indicate that no Member of Parliament can be a member of the Advisory Committee. [4] Committee members served for five years, and provisions were made for them to be paid and for them to maintain a staff, all of which was paid for from the Lord Chancellor's budget. [5] The Committee was required to produce an annual report, which the Lord Chancellor presented to both the House of Lords and the House of Commons. [5]

House of Commons Disqualification Act 1975

The House of Commons Disqualification Act 1975 is an Act of the Parliament of the United Kingdom that prohibits certain categories of people from becoming members of the House of Commons. It was an updated version of similar older acts, including the House of Commons Disqualification Act 1957.

House of Lords upper house in the Parliament of the United Kingdom

The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is granted by appointment or else by heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Officially, the full name of the house is the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.

House of Commons of the United Kingdom Lower house in the Parliament of the United Kingdom

The House of Commons, officially the Honourable the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster. Owing to shortage of space, its office accommodation extends into Portcullis House.

Remit

ACLEC was tasked with assisting in "the maintenance and development of standards in the education, training and conduct of those offering legal services". [1] The Committee reviewed the practical and academic education and training required and possessed by those providing legal services, and was expected to pay particular attention to the way legal services were provided for those with "special difficulties", such as those who are developmentally disabled. [1]

Developmental disability is a diverse group of chronic conditions that are due to mental or physical impairments that arise before adulthood. Developmental disabilities cause individuals living with them many difficulties in certain areas of life, especially in "language, mobility, learning, self-help, and independent living". Developmental disabilities can be detected early on and persist throughout an individual's lifespan. Developmental disability that affects all areas of a child's development is sometimes referred to as global developmental delay.

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Queens Counsel jurist appointed by letters patent

A Queen's Counsel, or King's Counsel during the reign of a king, is an eminent lawyer who is appointed by the monarch to be one of "Her Majesty's Counsel learned in the law." The term is recognised as an honorific. The position exists in some Commonwealth jurisdictions around the world, but other Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate". Queen's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the bar of court.

The Asylum and Immigration Tribunal (AIT) was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA), and fell under the administration of the Tribunals Service.

The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received a "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the Court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.

Crown Court part of the Senior Courts of England and Wales

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the highest court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional Courts.

The Immigration Appellate Authority (IAA) was an independent judicial body in the United Kingdom constituted under the Immigration Act 1971, with jurisdiction to hear appeals from many immigration and asylum decisions. Administered by the Tribunals Service, it was superseded in 2005 by the Asylum and Immigration Tribunal, which itself was superseded in 2010 by the Asylum and Immigration Chamber of the First-tier Tribunal created by the Tribunals, Courts and Enforcement Act 2007.

Barristers in England and Wales

Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.

Judiciary of England and Wales

There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally given more weight than district judges sitting in county courts and magistrates' courts. At 31 March 2006 there were 1,825 judges in post in England and Wales, most of whom were circuit judges (626) or district judges (572). Some judges with United Kingdom-wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.

Admission to practice law

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

In England and Wales, the Legal Services Ombudsman was a statutory officer that investigated allegations about the improper, ineffective or inefficient way that complaints about lawyers are handled by their respective self-regulating professional bodies. The Ombudsman is appointed by, and is answerable to, the Lord Chancellor and Secretary of State for Justice. It has been abolished under the Legal Services Act 2007

The Authorised Conveyancing Practitioners Board is the regulatory organisation and professional association for authorised conveyancers in the United Kingdom. Created in 1990 by the Courts and Legal Services Act 1990, the Practitioners Board oversees authorised conveyancers in the United Kingdom, advising the Lord Chancellor on conveyancing matters, regulating authorised conveyancers and preventing the creation of conveyancing monopolies like those that existed before the 1990 act.

The Royal Commission on Legal Services, commonly known as the Benson Commission was a Royal Commission set up by the Labour government of Harold Wilson to "examine the structure, organisation, training and regulation of the legal profession and to recommend those changes that would be desirable to the interests of justice". The Commission and its report are seen as one of the elements that lead to the passing of the Courts and Legal Services Act 1990.

A justices' clerk or clerk to the justices is an official of the magistrates' court in England and Wales whose primary role is to provide legal advice to justices of the peace.

Legal professions in England and Wales are divided between two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as a Solicitor-General, or as the Director of Public Prosecutions.

Magistrate (England and Wales) legal office held by lay people in England and Wales

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References

  1. 1 2 3 Merricks (1990) p.16
  2. 1 2 3 4 "ACLEC". University of Warwick . Retrieved 2009-05-27.
  3. "Institute of Advanced Legal Studies: Lord Chancellor's Advisory Committee on Legal Education and Conduct". Institute of Advanced Legal Studies . Retrieved 2009-05-27.
  4. 1 2 3 4 White (1991) p.41
  5. 1 2 White (1991) p.42

Bibliography