Not about politics, just curious about the legal system in the U.K.

[question everything]

From a TV program, of course. This time it is "Silk."

There is one case, a rape charge, where, in the U.S. it would be a criminal case where the government side led by a prosecutor would submit the case. But, if I understood it correctly, in this drama both the defense and the prosecution are presented by two members of the same law firm.

Is this common?

Thanks.

[muriel_volestrangler]

1. The Crown Prosecution Service is responsible for bringing most prosecutions

It employs some in-house barristers (ie lawyers who have passed bar exams and are allowed to lead the case in a court), but also uses ones in private practice.

http://www.cps.gov.uk/legal/p_to_r/prosecuting_advocates_-_selection_of/

I think nearly all Queen's Counsel (ie 'silks' - the ones recognised as very good and experienced) are in private practice (more money there, for one thing). However, IANAL, so that may not be true. Having 2 people from the same chambers on opposing sides seems to happen often enough in dramas (including Rumpole, written by John Mortimer, a real barrister) that I suppose it must happen some times in reality. Barristers are not technically a 'firm' - they are a chambers, in which the members jointly employ clerks and other assistants, which may help in saying there aren't conflicts of interest.

[question everything]

2. Interesting. Thanks you

Obviously different from the US system.