Acing the SQE/Legal System

The Legal System of England and Wales and Sources of law

The courts

Court hierarchy, the appeal system and jurisdiction

A defendant wishes to appeal against a decision of the magistrates' court on a point of law and such an appeal lies to the High Court (Queen's Bench Division).

Rights of audience

• The Legal Services Act 2007 (“the Act”) describes a “right of audience” as the right to appear before and address a court, including the right to call and examine witnesses (Schedule 2, paragraph 3).

• Solicitors have the right of audience that is restricted to the lower courts whereas barristers has a wider right of audience in all courts.

• Rights of audience are a reserved activity, meaning they can only be conducted by authorised, or exempt, persons, otherwise it constitutes a criminal offence.

Primary legislation: the structure of an act of Parliament

Acts of Parliament or Statutes.

1. Public General Acts​

2. Local Acts and Personal Acts

Structure of an Act

a.title​;

b.year and chapter number​;

c.purpose of the Act​;

d.date of Royal Assent​;

e.interpretation​ and ​commencement​ sections.

Statutory interpretation

the literal rule

ordinary meaning (default)

the golden rule

lead to absurdity

the mischief rule

considers mischief intended to prevent

the purposive approach

considers purpose behind the statute

presumptions

1. Against change in the common law unless the Act of Parliament alters it.
2. Mens rea (intention) is required in criminal offence
3. Against retrospective law
4. Presumption against deprivation of liberty
5. The Crown is not bound by statute unless the statute says so.

aids to statutory interpretation and construction

Intrinsic aids

The features of an Act itself including

1. Interpretation sections
2. Titles
3. Preambles
4. Headings

Extrinsic ads

1. Dictionary
2. Hansard
3. Law report