Site Legal Lore

## Magical Law

This page will set out how the legal system functions in the magical world, including the different roles which exist within it.

### The Wizengamot

The Wizengamot acts as the parliament and High Court of the wizarding community in Britain. In this role, it is equivalent to the UK’s House of Lords, prior to the introduction of the European Court of Justice. Accordingly, it has responsibility for debating, amending, and passing any legislation which might be proposed by one of the Ministry’s departments. It also has responsibility for hearing any legal cases brought by members of the wizarding community, which takes place in a courtroom setting. Half of its members are appointed by the Minister at the time, whilst the other half inherit their positions. Smaller cases are heard by a subcommittee of the Wizengamot, whilst cases involving major crimes are heard by the court in its entirety.

### The Wizarding Prosecution Service

The Wizarding Prosecution Service is a subdivision of the DMLE, responsible for bringing prosecutions against the criminals arrested by the Auror Office and other such departments. They employ lawyers who are responsible for assessing the evidence, examining the relevant law, and deciding whether it is possible to prosecute individuals. They usually employ external barristers to fight their cases in court.

### Solicitors

Solicitors are lawyers employed to provide advice, do research, and take care of procedure and documentation related to legal matters. They fulfil this role for clients who can be individuals, groups, or businesses. Their specialisms range across the whole spectrum of the law, from civil matters to criminal matters. They can also represent a client’s interests in a dispute, although usually not in court. Most of their work is office based, and they generally work as part of a firm or company, which pays them a set wage.

### Barristers

Barristers are lawyers employed to represent a client’s interests in court through advocacy. A qualified barrister has the right of audience, which means that they are entitled to appear in front of any court in Britain if instructed to do so. This is a right which solicitors do not have. Typically, a barrister is selected instructed by a client’s solicitor rather than the client themselves. Though making and preparing for court appearances is the bulk of their work, they may also be asked to give written opinions on legal questions in particularly complex matters. They generally work as part of a set of chambers, which consists of several self-employed barristers sharing the costs of the building. Barristers will usually specialise in a particular area of law, but not in either prosecution or defence; they have a responsibility to work on both sides. They employ clerks to help them in organising their workload, and in finding their own work.

#### Training

Individuals hoping to pursue a career in the law will need five NEWTs at grade E or above. History of Magic and Ancient Runes should be among the subjects taken. They will apply specifically to be either a solicitor or a barrister from the beginning of their training period, and the application will be made to an individual firm (for solicitors) or set of chambers (for barristers). In either case, training will last for two years.

For solicitors, the two years will both be spent on theoretical work. For barristers, the first year will be spent on theoretical study. The second year will be spent shadowing a qualified barrister, assisting them in their work, and learning from their courtroom technique.