The Legal System in England and Wales

How justice actually works

Laws are only words until a system puts them into practice. That system is the police who investigate, the courts that decide cases, and the people who work in and take part in them. ⚠️ England and Wales share one legal system. Scotland and Northern Ireland have their own, so the courts and roles described here are for England and Wales. The system has three parts you will meet in this module. - The police investigate crimes, gather evidence and can arrest and charge a suspect. - The courts decide cases. Serious criminal cases go to the Crown Court; less serious ones stay in the magistrates court. Disputes between people or organisations are civil cases, heard in the county court or the High Court. - Ordinary citizens take part directly, as a juror, a magistrate, a special constable, a police and crime commissioner, or a tribunal member. This module covers how those parts fit together, and what happens when someone is found guilty.

Words for the legal system

Five terms you need before you use them. Learn what each one means.

Match the role to what it does

Criminal against civil

Cases come in two broad kinds, and each is heard in its own courts and reaches its own kind of outcome.

Which court?

A person aged fifteen is charged with an offence. In which court will the case usually be heard?

• the youth court
• the Crown Court
• the county court
• the High Court

Spot the true legal-system facts

Tap the TWO statements that are true.

• A special constable is a volunteer police officer
• A jury in the Crown Court is made up of members of the public
• Magistrates must be qualified lawyers
• The youth court hears cases against adults over eighteen

What sanctions are for

When a court decides on a penalty, it is not only thinking about the past offence. A sanction can serve several aims at once, and different people place weight on different ones. - Punishment, so that wrongdoing has a consequence. - Deterrence, to discourage the person and others from offending. - Rehabilitation, to help the offender change and not reoffend. - Protection, to keep the public safe from harm. - Reparation, to make some amends to the victim or the community. ⚠️ People disagree about which of these matters most, and that disagreement is a fair thing to weigh up rather than a settled fact.

Count the jury

In the Crown Court a serious criminal case is decided by a jury of ordinary members of the public. How many jurors sit on a Crown Court jury?

Order the criminal case

Put the stages of a serious criminal case in the order they happen.

• The police investigate and gather evidence
• The police charge the suspect
• The case has its first hearing in the magistrates court
• A serious case is sent to the Crown Court for trial
• If the jury returns a guilty verdict, the judge passes sentence

The legal-system run

Five questions on the courts, the roles and sanctions. Three lives.

True about the system

Select the TWO statements that are true.

• The judiciary should be independent of the government
• Ordinary citizens can take part in the legal system, for example as jurors or magistrates
• A civil case normally ends with the loser being sent to prison
• A sanction can only ever have one purpose

Complete the legal-system facts

The court that hears the most serious criminal cases, with a jury, is the _____. A trained volunteer who hears cases in the magistrates court is a _____. The area and set of courts within which a legal system applies is its _____. A volunteer police officer with the same powers as a regular officer is a _____.

From arrest to sentence

Here is how the parts fit together, followed through one serious case. The police investigate a reported crime, gather the evidence, and if there is enough they charge a suspect. The case reaches court. It has its first hearing in the magistrates court, and because it is serious it is sent up to the Crown Court. The trial happens. A jury of twelve members of the public listens to the evidence and decides the verdict, guilty or not guilty. The judge makes sure the trial is fair and rules on the law. If the verdict is guilty, the judge passes sentence, choosing a sanction that fits the offence and its purposes. Notice how many ordinary citizens are involved along the way, from the jurors to any special constable who helped keep the peace.

Your part in the system

Three situations from the legal system. Choose the best answer, then think about why.

• You are called to serve as a juror in a Crown Court trial. What is your job?
• Two neighbours are in dispute over an unpaid debt. Which kind of law and court does this involve?
• A community group is discussing what sanctions are really for. Which statement is the fairest summary?

Explain the legal system

A student in the year below does not understand how the legal system works or how ordinary citizens take part in it. Explain the legal system of England and Wales using the ideas from this module.

• Explain the difference between criminal and civil cases, and name a court that deals with each
• Explain what happens to a serious criminal case as it moves through the system
• Describe two roles that ordinary citizens can play in the legal system
• Explain the main purposes that a sanction can serve
• Finish by explaining why it is important that ordinary citizens take part in the legal system