Chapter 5
The role of the courts
What judges do, the criminal courts for minor, serious and youth cases across the UK, the civil courts, small claims and getting legal advice.
By the end you should know
- Describe the role and independence of the judiciary
- Match each type of criminal case to the right court in each part of the UK
- Know what County Courts and the small claims procedure are for
- Know what solicitors do
The judiciary
Judges — together called the judiciary — interpret the law and make sure trials are fair, and the government cannot interfere with them. Judges can rule that the government has acted illegally, and can order a public body to change its practices or pay compensation. They also settle disputes between people or organisations, for example over contracts, property, employment or accidents.
What is the judiciary and what does it do?
Judges, who interpret the law and make sure trials are fair; the government cannot interfere. If judges find government action illegal, the government must change its policy or ask Parliament to change the law.
Judges can order a public body that is not respecting someone's rights to change its practices and/or pay compensation, and they decide disputes over contracts, property, employment rights and accidents.
Criminal courts
The court systems of England and Wales, Scotland and Northern Ireland differ a little. Minor crimes go to a Magistrates' Court (England, Wales and Northern Ireland) or a Justice of the Peace Court (Scotland). Magistrates and JPs are local people, usually unpaid in England, Wales and Scotland, and they decide both the verdict and the sentence.
Where are minor criminal cases heard?
Key factEngland, Wales and Northern Ireland — a Magistrates' Court · Scotland — a Justice of the Peace Court
Who are magistrates and Justices of the Peace (JPs), and what do they decide?
Key factMembers of the local community who, in England, Wales and Scotland, usually work unpaid and need no legal qualifications. They are trained and supported by a legal adviser, and decide both the verdict and the sentence.
In Northern Ireland these cases are heard by a District Judge or Deputy District Judge, who is legally qualified and paid.
Serious offences are tried before a judge and jury in a Crown Court in England, Wales and Northern Ireland. In Scotland they go to a Sheriff Court, and the most serious, such as murder, to the High Court. Juries are picked at random from the electoral register; everyone summoned must serve unless they are ineligible or have a good reason to be excused.
Where are serious criminal offences tried?
Key factEngland, Wales and Northern Ireland — a Crown Court, with a judge and jury · Scotland — a Sheriff Court (sheriff, or sheriff with jury); the most serious cases, such as murder, go to the High Court
How many people are on a jury?
Key fact12 in England, Wales and Northern Ireland; 15 in Scotland.
Jurors are chosen at random from the electoral register. If summoned you must serve unless you are not eligible (for example, because of a criminal conviction) or have a good reason such as ill health.
What does a jury decide, and who sets the penalty?
The jury listens to the evidence and decides 'guilty' or 'not guilty'. If the defendant is found guilty, the judge decides the penalty.
The handbook says Scottish juries can also return 'not proven'.
Youth Courts
In England, Wales and Northern Ireland, young people aged 10 to 17 are normally tried in a Youth Court, although the most serious cases go to the Crown Court. Parents or carers are expected to come. To protect the young person, the public are kept out and the media may not name or photograph them. Scotland deals with young offenders through the Children's Hearings System, and Northern Ireland uses youth conferencing.
Who is tried in a Youth Court, and how is it different?
Key factPeople aged 10 to 17 (England, Wales and Northern Ireland). Cases are heard by up to three specially trained magistrates or a District Judge. The public cannot attend and the young person cannot be named or photographed in the media.
Parents or carers are expected to attend. The most serious cases go to the Crown Court. Scotland uses the Children's Hearings System; Northern Ireland uses youth conferencing.
Civil courts
County Courts handle a wide range of civil disputes. Bigger cases, such as large compensation claims, go to the High Court (or the Court of Session in Edinburgh in Scotland).
What do County Courts deal with?
Civil disputes, such as recovering money owed, personal injury, family matters, breach of contract and divorce. In Scotland most of these go to the Sheriff Court.
More serious civil cases go to the High Court in England, Wales and Northern Ireland, and to the Court of Session in Edinburgh in Scotland.
For minor disputes there is the small claims procedure, an informal way to settle a claim without paying for a lawyer. A judge hears it in an ordinary room with both sides sitting around a table, and claims can be started online. Your local County Court or Sheriff Court can give details.
According to the handbook, what are the limits for the small claims procedure?
Key factClaims of less than £5,000 in England and Wales, and less than £3,000 in Scotland and Northern Ireland.
It is an informal way to settle minor disputes without a lawyer: a judge hears the case in an ordinary room, with both sides around a table. Claims can also be made online through Money Claims Online.
Legal advice
Solicitors work throughout the UK. Check which areas of law a solicitor specialises in and that they have the right experience. Because fees are usually based on time spent, find out early how much your case is likely to cost.
What do solicitors do, and how do they charge?
Solicitors are trained lawyers who give legal advice, take action for clients and represent them in court. Charges are usually based on the time spent, so ask about likely costs at the start.
Citizens Advice and the Law Society (England and Wales), Law Society of Scotland or Law Society of Northern Ireland can help you find one.
Exam tip: Magistrates' Court = minor crimes; Crown Court = serious crimes with a jury; Youth Court = ages 10–17; County Court = civil disputes. Juries have 12 members, or 15 in Scotland.