Nov 14, 2021
Written By Robert Greene
Court clerk job description
Nov 14, 2021
Written By Robert Greene
A court clerk, or magistrates’ court legal adviser, is a qualified lawyer who advises magistrates and district judges on the law. In this article, we will look at what a court clerk is, how to become a court clerk, and what a court clerk does.
What is a court clerk?
Magistrates’ court legal advisers, sometimes referred to as court clerks, are employed by HM Courts and Tribunals Service, and provide legal advice in the magistrates’ courts in England and Wales.
The magistrates' courts deal with 95% of criminal court cases in England and Wales. More serious cases are heard in the Crown Court. They are presided by magistrates – non-legally qualified volunteers – and/or district judges, full-time members of the judiciary. The role of the legal adviser is to advise magistrates and district judges on the law and legal procedures.
What does a court clerk do?
Court clerks progress through five stages, known as tiers. The exact functions of the clerk will depend on their tier. However, general duties of the clerk include:
Managing the courtroom, court schedules and casework to ensure that proceedings run efficiently in terms of time and resources.
Preparing for court sessions, checking court papers, managing the court list, and making sure evidence is ready.
Ensuring compliance with the codes of conduct of the courtroom, and intervening where necessary.
Producing case summaries for the magistrates and/or district judge.
Explaining how the court works to the defendants.
Reading out the charges and summonses to the court.
Identifying and researching points of law during hearings.
Explaining points of law and legal procedures to the magistrates.
Assisting with judicial decision-making using a formal method.
Liaising effectively with the other court staff members, including the judiciary, counsel, jury officer, and usher.
Producing written records of court judgments.
Training magistrates and administrative staff members.
Managing trainee legal advisers and advisers in training.
Importantly, a legal adviser must remain impartial when explaining the law: their role is not to influence the judgment of the court.
Court clerk qualifications
To become a legal adviser or court clerk, there are two entry-level positions: trainee legal adviser and legal adviser in training.
Trainee legal adviser
A trainee legal adviser must first qualify as a lawyer. To qualify as a solicitor or barrister, you must first study the Bachelor of Laws (LLB), Common Professional Examination (CPE) or the Graduate Diploma in Law (GDL).
Aspiring solicitors must then complete the Legal Practice Course (LPC) and a two-year training contract before qualification. To learn more about how to qualify as a solicitor, and the new route to qualification, read our article, Solicitor job description.
The next stage for aspiring barristers is the Bar Vocational Course (BVC) followed by a 12-month pupillage. To read about how to qualify as a barrister, check out our article, Barrister job description.
Having qualified as a solicitor or barrister, a trainee legal adviser must then participate in the Judicial Studies Board Legal Adviser Induction Training Programme, a two-year course. Once an applicant has completed the Judicial Studies Board Legal Adviser Induction Training Programme, they can apply for a role as a Tier 1 legal adviser.
Legal adviser in training
A legal adviser in training is someone who has qualified as a solicitor or barrister. They must still complete the Judicial Studies Board Legal Adviser Induction Training Programme before applying for a role as a Tier 1 legal adviser.
Court clerk skills
As qualified lawyers, legal advisers possess a similar skill set to solicitors and barristers. However, they require certain skills which are unique to the role. Essential skills include:
Legal knowledge, with an in-depth understanding of court procedures and government regulations.
Time management skills.
Attention to detail.
Legal research skills.
Organisation skills, with an ability to prioritise casework effectively.
Analytical and problem-solving skills.
Communication and interpersonal skills, with an ability to liaise effectively with courtroom officials and attendees.
Advertisement
Court clerk salary
According to the National Career Service, the average annual salary for a legal adviser ranges from £20,500 for a starter to £43,000 for an experienced legal adviser. However, the actual salary may be higher depending on a person’s skills and experiences.
Court clerk working hours
Court clerks can expect to work 35 to 40 hours a week, Monday to Friday. In many offices, the Ministry of Justice offers flexible hours, which may include options to work reduced hours or even job share.
Court clerk progression
The career progression for a legal adviser involves five stages or tiers. The functions and responsibilities at each stage are different.
Tier 1: Legal adviser
A Tier 1 legal adviser is assigned to a local magistrates’ court and is responsible for managing the courtroom and advising the magistrates.
Tier 2: Legal adviser
A Tier 2 legal adviser works in other legal jurisdictions, including tribunals. They have increased levels of responsibility and autonomy, including running training programmes for magistrates, assuming responsibility for panel and committee work, and exercising delegated powers assigned by justices’ clerks.
Tier 3: Legal team manager
Work is no longer limited to the local magistrates’ court. Tier 3 legal advisers become legal team leaders, responsible for the day-to-day management of a team of legal advisers.
Tier 4: Deputy justices’ clerk
A Tier 4 legal adviser is likely to have gained five years’ experience. and may become involved in legal research and training at a national level, managing benches of magistrates, and assuming responsibility for the strategic legal management of an area or region.
Tier 5: Justices’ clerk
The pinnacle of the legal adviser career structure is Tier 5, the justices’ clerk. This is the senior legal manager at the head of the legal adviser hierarchy. The requirements to be designated as a justices’ clerk are set out in section 27 of the Courts Act 2003.
Advertisement
What can I do with a Law Degree?