The Courts

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. If judges find that the government's actions are illegal, the government must either change its policies or ask Parliament to change the law.

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 unpaid and do not need legal qualifications. They receive training to do the job and are supported by a legal adviser.

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 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. 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 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.

Scotland uses the Children's Hearings System to deal with children and young people who have committed an offence. Northern Ireland uses youth conferencing to consider how a child should be dealt with.

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

County Courts deal with a wide range of civil disputes, including money owed, personal injury, family matters, breaches of contract, and divorce. In Scotland, most of these matters are dealt with in the Sheriff Court. More serious civil cases are dealt with in the High Court (England, Wales and Northern Ireland) or the Court of Session in Edinburgh (Scotland).

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 £10,000 in England and Wales and £5,000 in Scotland and Northern Ireland. The hearing is held in front of a judge in an ordinary room, and people from both sides sit around a table.

Solicitors are trained lawyers who give advice on legal matters, take action for their clients and represent their clients in court. Citizens Advice can give you names of local solicitors and which areas of law they specialise in.