The role of the courts

The judiciary

Judges (who are together called ‘the judiciary’) are responsible for interpreting the law and ensuring that trials are conducted fairly. The government cannot interfere with this.

Sometimes the actions of the government are claimed to be illegal. If the judges agree, then the government must either change its policies or ask Parliament to change the law. If judges find that a public body is not respecting someone’s legal rights, they can order that body to change its practices and/or pay compensation.

Judges also make decisions in disputes between members of the public or organisations. These might be about contracts, property or employment rights or after an accident.

Criminal courts

There are some differences between the court systems in England and Wales, Scotland and Northern Ireland.

In England, Wales and Northern Ireland, most minor criminal cases are dealt with in a Magistrates’ Court. In Scotland, minor criminal offences go to a Justice of the Peace Court.

Magistrates and Justices of the Peace (JPs) are members of the local community. In England, Wales and Scotland they usually work 144 unpaid and do not need legal qualifications. They receive training to do the job and are supported by a legal adviser. Magistrates decide the verdict in each case that comes before them and, if the person is found guilty, the sentence that they are given. In Northern Ireland, cases are heard by a District Judge or Deputy District Judge, who is legally qualified and paid.

Nevilley / Wikipedia / CC BY-SA 3.0

The Old Bailey is probably the most famous criminal court in the world

In England, Wales and Northern Ireland, serious offences are tried in front of a judge and a jury in a Crown Court. In Scotland, serious cases are heard in a Sheriff Court with either a sheriff or a sheriff with a jury. The most serious cases in Scotland, such as murder, are 145 heard at a High Court with a judge and jury. A jury is made up of members of the public chosen at random from the local electoral register (see page 134). In England, Wales and Northern Ireland a jury has 12 members, and in Scotland a jury has 15 members. Everyone who is summoned to do jury service must do it unless they are not eligible (for example, because they have a criminal conviction) or they provide a good reason to be excused, such as ill health.

The jury has to listen to the evidence presented at the trial and then decide a verdict of ‘guilty’ or ‘not guilty’ based on what they have heard. In Scotland, a third verdict of ‘not proven’ is also possible. If the jury finds a defendant guilty, the judge decides on the penalty.

In England, Wales and Northern Ireland, if an accused person is aged 10 to 17, the case is normally heard in a Youth Court in front of up to three specially trained magistrates or a District Judge. The most serious cases will go to the Crown Court. The parents or carers of the young person are expected to attend the hearing. Members of the public are not allowed in Youth Courts, and the name or photographs of the accused young person cannot be published in newspapers or used by the media.

In Scotland a system called the Children’s Hearings System is used to deal with children and young people who have committed an offence.

Northern Ireland has a system of youth conferencing to consider how a child should be dealt with when they have committed an offence.

Civil courts

County Courts deal with a wide range of civil disputes. These include people trying to get back money that is owed to them, cases involving personal injury, family matters, breaches of contract, and divorce. In Scotland, most of these matters are dealt with in the 146 Sheriff Court. More serious civil cases – for example, when a large amount of compensation is being claimed – are dealt with in the High Court in England, Wales and Northern Ireland. In Scotland, they are dealt with in the Court of Session in Edinburgh.

The small claims procedure is an informal way of helping people to settle minor disputes without spending a lot of time and money using a lawyer. This procedure is used for claims of less than £5,000 in England and Wales and £3,000 in Scotland and Northern Ireland. The hearing is held in front of a judge in an ordinary room, and people from both sides of the dispute sit around a table. Small claims can also be issued online through Money Claims Online ( www.moneyclaim.gov.uk ).

You can get details about the small claims procedure from your local County Court or Sheriff Court. Details of your local court can be found as follows:

• England and Wales: at www.gov.uk
• Scotland: at www.scotcourts.gov.uk
• Northern Ireland: at www.courtsni.gov.uk

Legal advice

Solicitors are trained lawyers who give advice on legal matters, take action for their clients and represent their clients in court.

There are solicitors’ offices throughout the UK. It is important to find out which aspects of law a solicitor specialises in and to check that they have the right experience to help you with your case. Many advertise in local newspapers and in Yellow Pages . The Citizens Advice Bureau ( www.citizensadvice.org.uk ) can give you names of local solicitors and which areas of law they specialise in. You can also get this information from the Law Society ( www.lawsociety.org.uk ) in England and Wales, the Law Society of Scotland ( www.lawscot.org.uk ) or the Law Society of Northern Ireland ( www.lawsoc-ni.org ). Solicitors’ charges are usually based on how much 147 time they spend on a case. It is very important to find out at the start how much a case is likely to cost.