How do the courts work in the UK, for the Life in the UK test?

How do the courts work in the UK, for the Life in the UK test?

Judges decide cases in courts that are separate from the government. Criminal courts deal with crimes and civil courts settle disputes between people or groups. The system is a little different in England and Wales, Scotland and Northern Ireland.

The pattern is easier to learn if you sort it first by type of case, then by place.

What are criminal law and civil law?

Everyone in the UK is treated equally under the law, whoever they are and wherever they come from. Law has two main groups.

Criminal law is about crimes. The police, or sometimes another authority such as a council, investigate. The courts punish. Examples are carrying a weapon, even for self-defence, buying or selling drugs, harassing someone because of their religion or ethnic origin, and selling tobacco or alcohol to anyone under 18.

Civil law settles disputes. The examples are housing disagreements between landlords and tenants, consumer rights, employment issues and debt.

What do the police do?

The police protect life and property, keep the peace and prevent and detect crime. They are organised in separate forces, each led by a Chief Constable, and they are independent of the government. In England and Wales the public elects Police and Crime Commissioners, who set local priorities and the budget and appoint the Chief Constable.

Officers must obey the law too. If you are arrested, you must be told why and you can ask for legal advice. Anyone can complain about the police, and independent bodies exist for this in each part of the UK.

What do the judges do?

Judges are together called the judiciary. They interpret the law and make sure trials are fair, and the government may not interfere. If judges find that a public body has not respected a person's rights, they can order it to change its practice or pay compensation.

Which court hears which criminal case?

In England, Wales and Northern Ireland, minor cases go to a magistrates' court. In Scotland, they go to a Justice of the Peace Court. Magistrates are members of the local community. In England, Wales and Scotland they usually work unpaid and need no legal qualification, but they are trained and have a legal adviser. In Northern Ireland a legally qualified, paid district judge hears these cases.

Serious offences go to a Crown Court in England, Wales and Northern Ireland, with a judge and jury. In Scotland, serious cases are heard in a Sheriff Court, and the most serious, such as murder, go to the High Court.

A jury is made up of members of the public chosen at random from the electoral register. It has 12 people in England, Wales and Northern Ireland and 15 in Scotland. The jury decides guilty or not guilty, and in Scotland a third verdict, not proven, is possible. If the person is guilty, the judge decides the penalty.

Young people aged 10 to 17 usually go to a Youth Court in England, Wales and Northern Ireland. The public cannot attend and the young person's name cannot be published. Scotland uses the Children's Hearings System. Northern Ireland also uses youth conferencing.

Which courts hear civil cases?

County Courts hear many civil disputes, such as debts, personal injury, family matters and divorce. In Scotland the Sheriff Court deals with most of these. Larger civil cases go to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The small claims procedure is for smaller disputes. It is informal, and people sit around a table in front of a judge. The handbook gives the limit as £10,000 in England and Wales and £3,000 in Scotland and Northern Ireland.

Learn these numbers for the test, because the test follows the handbook. The limits have changed since, so check the court's own page if you ever make a real claim.

Solicitors are trained lawyers who advise people, act for them and speak for them in court. Ask about costs at the start.

Which rights do the courts protect?

These rights go back to Magna Carta, the Habeas Corpus Act and the Bill of Rights of 1689. The UK was one of the first countries to sign the European Convention on Human Rights in 1950. The Human Rights Act 1998 put it into UK law, and the government, public bodies and the courts must follow it. The Convention includes the right to life, a fair trial and freedom of expression.

UK law also bans unfair treatment because of age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality or marital status.

Violence at home is a serious crime, and any man who forces a woman to have sex, even her husband, can be charged with rape. Female genital mutilation is illegal, and so is taking someone abroad for it. Arranged marriages are fine when both people agree, but forcing someone to marry is a crime.

The Council of Europe is a group that protects human rights across Europe. Learn what the handbook says, because the test follows the handbook: it has 47 members. Today this has changed: it has 46.

Try the free practice test when you are ready. Read the chapter on government, law and your role for the whole topic. These pages connect well: government and law for the test and tax, National Insurance and driving.

Check yourself

Can you name the court for a minor crime and for a serious crime in England, and the matching courts in Scotland?

Can you say which numbers go with juries and which age range goes with Youth Courts?

Can you give one example of criminal law and one of civil law, and say who handles each?