right of audience 出庭陈述权
指案件当事人以外的人出席法庭和进行陈述的权利。英格兰和爱尔兰的出庭律师,苏格兰的律师〔advocate〕,除制定法另有规定外,有权在各种法庭、委员会、调查程序或其他程序中陈述其意见。在较低级别的法院中,事务律师通常也具有此种权利。而在某些法庭〔tribunals〕上,不具有法律资格的人也有此种权利。
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in the superior court, and solicitors, who have rights of audience in the lower courts, unless a certificate of advocacy is obtained, which allows a solicitor advocate to represent clients in the superior courts also. There is no such distinction in American law.
In superior courts, generally only barristers or advocates have a right of audience. Depending on jurisdiction, solicitors may have a right of audience in the County Court, magistrates' courts and justice of the peace courts. Further, a person appearing in court without legal representation has a right of audience but a person who is not a lawyer that assists a party to a legal matter in court does not have a right of audience. 具体例句如下:
例句1
Traditionally, only barristers had rights of audience in every court in England and Wales, and, as of 2018, they still enjoy rights of audience in every court in England and Wales. However, solicitors have always had rights of audience in the magistrates' court and the county court.
传统上,只有大律师在英格兰和威尔士的每个法院有出庭陈述权,截至2018年,他们仍然在英格兰和威尔士的每个法院享有出庭陈述权。然而,律师在治安法院和县法院一直享有出庭陈述权。
例句2
Right of audience is the legal right to appear before a court and speak. This right is extended to the parties in a case, as they must be able to communicate regarding the case, and by extension, their representatives also have the right of audience. When a defense attorney speaks in court on behalf of a client, for example, the attorney is exercising the right of audience to provide representation.
出庭陈述权是出庭并发言的法定权利。这一权利延伸到案件的当事方,因为他们必须能够就案件进行交流,由此延伸,他们的代表也有出庭陈述权。例如,当辩护律师在法庭上代表委托人发言时,律师是在行使出庭陈述权来提供代表。
例句3
In England, distinctions are made between barristers and solicitors. Barristers have the right of audience everywhere, while solicitors can only represent people in certain courts. In the 1990s, some changes were made to this policy to give solicitors more rights in court.
在英格兰,高级律师和初级律师是有区别的。高级律师在任何地方都有出庭陈述权,而初级律师只能在某些法庭上代表人们。20世纪90年代,对这一政策进行了一些修改,赋予律师更多的法庭权利。
例句4
While many people take the right of audience for granted, it was not always a legal right. Historically, some people were not allowed to speak for themselves in court, and courts could hear cases and make decisions without actually hearing from one of the subjects in a case. Some countries denied the right of audience to people like slaves and noncitizens, for example. This practice was deemed prejudicial and discriminatory in many nations and abolished, with access to the court system being considered a human rights issue.
虽然许多人认为出庭陈述权是理所当然的,但这并不总是一项合法的权利。历史上,有些人不允许在法庭上为自己辩护,法庭可以审理案件并作出决定,而不必实际听取案件中某一主体的意见。例如,一些国家否认奴隶和非公民的出庭陈述权。这种做法在许多国家被认为是偏见和歧视性的,并被废除,且诉诸法院体制被视为一个人权问题。
