The Role of the Courts
This section covers the judiciary, the criminal and civil court systems across England, Wales, Scotland and Northern Ireland, the small claims procedure, and how to get legal advice.
The Judiciary
Judges (collectively "the judiciary") interpret the law and ensure trials are conducted fairly — the government cannot interfere. If judges find government actions to be illegal, the government must change its policy or ask Parliament to change the law; if a public body fails to respect someone's legal rights, judges can order it to change its practices or pay compensation. Judges also settle disputes between individuals or organisations — over contracts, property, employment rights or after an accident.
Criminal Courts
Magistrates' and Justice of the Peace Courts
Most minor criminal cases go to a Magistrates' Court in England, Wales and Northern Ireland, or a Justice of the Peace Court in Scotland. Magistrates and JPs are local community members — usually unpaid and without legal qualifications in England, Wales and Scotland, though trained and supported by a legal adviser. They decide the verdict and, if guilty, the sentence. In Northern Ireland, cases are heard by a legally qualified, paid District Judge or Deputy District Judge.
Crown Courts and Sheriff Courts
Serious offences go to a Crown Court (judge and jury) in England, Wales and Northern Ireland, or a Sheriff Court in Scotland; the most serious Scottish cases go to the High Court. Juries are randomly selected members of the public from the electoral register — 12 members in England, Wales and Northern Ireland, 15 in Scotland. Jury service is compulsory unless you're ineligible (e.g. a criminal conviction) or excused for good reason (e.g. ill health).
Youth Courts
In England, Wales and Northern Ireland, accused persons aged 10–17 are normally tried in a Youth Court before up to three specially trained magistrates or a District Judge (the most serious cases go to Crown Court). Parents or carers are expected to attend; the public isn't allowed in, and the young person's identity can't be published. Scotland uses the Children's Hearings System, and Northern Ireland uses youth conferencing, for young offenders.
Civil Courts
| Court | Handles |
|---|---|
| County Courts (England, Wales, NI) | Money owed, personal injury, family matters, breach of contract, divorce |
| Sheriff Court (Scotland) | Equivalent civil matters |
| High Court (England, Wales, NI) | More serious civil cases, e.g. large compensation claims |
| Court of Session, Edinburgh | Serious Scottish civil cases |
The Small Claims Procedure
An informal way to settle minor disputes without a lawyer, used for claims under £10,000 in England and Wales, and £5,000 in Scotland and Northern Ireland. Hearings are held around a table in front of a judge; claims can also be filed online through Money Claims Online.
Legal Advice
Solicitors are trained lawyers who advise on legal matters, take action for clients, and represent them in court. It's worth checking a solicitor's area of specialism and experience before instructing them — Citizens Advice or the relevant national Law Society can point you toward local solicitors. Fees are usually based on time spent on a case, so it's important to establish likely costs upfront.
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- The role of the judiciary
- The different criminal courts in the UK
- The different civil courts in the UK
- How to settle a small claim