The law and the courts

This is the densest part of Chapter 5 for test purposes. Several of the most-missed test questions live here: Supreme Court vs Crown Court, the magistrates rules, and the small-claims thresholds. Learn this section by court name + what it does + which legal system.

Criminal vs civil law

Two parallel systems:

• Criminal law — relates to crimes. Investigated by the police (or sometimes a council). Punished by the courts.
• Civil law — used to settle disputes between individuals or groups.

Examples of criminal offences the handbook lists:

• Carrying a weapon of any kind — even for self-defence. Includes guns, knives, anything made or adapted to cause injury.
• Selling or buying drugs like heroin, cocaine, ecstasy, cannabis.
• Racial crime — harassment, alarm, or distress because of someone’s religion or ethnic origin.
• Selling tobacco to under-18s.
• Smoking in nearly any enclosed public place.
• Selling or buying alcohol for under-18s (with the one exception: 16+ can drink alcohol with a meal in a hotel/restaurant when accompanied by an over-18).
• Drinking in alcohol-free zones.

Examples of civil law disputes:

• Housing law — landlord/tenant disputes (repairs, eviction).
• Consumer rights — faulty goods or services.
• Employment law — wages, unfair dismissal, workplace discrimination.
• Debt — owing money.

The police

Police duties:

• Protect life and property.
• Prevent disturbances (“keeping the peace”).
• Prevent and detect crime.

Structural facts:

• Organised into separate police forces headed by Chief Constables.
• Independent of the government.
• November 2012 — Police and Crime Commissioners (PCCs) were first elected in England and Wales. PCCs set local policing priorities and budgets, and appoint the Chief Constable.
• Police community support officers (PCSOs) support police officers — they patrol streets, work with the public, and assist at crime scenes.

Police officers must obey the law: cannot misuse authority, make false statements, or commit racial discrimination. Corrupt or abusive officers are severely punished.

If something goes wrong, complaints can be made to:

• The Chief Constable directly.
• Independent Police Complaints Commission (England and Wales).
• Police Complaints Commissioner for Scotland.
• Police Ombudsman for Northern Ireland.

The judiciary

Judges (collectively, the judiciary) interpret the law and ensure trials are fair. The government cannot interfere with this — that is the principle of judicial independence.

If judges find that government action is illegal, the government must change its policy or ask Parliament to change the law. If judges find a public body has not respected someone’s legal rights, they can order it to change practices and/or pay compensation.

Criminal courts — the three legal systems

The UK has three legal systems: England and Wales (one system), Scotland, and Northern Ireland.

Minor cases

Where	Court	Who decides	Paid? Legally qualified?
England, Wales, NI	Magistrates’ Court	Magistrates	Magistrates unpaid in E&W; District Judge in NI is paid and legally qualified
Scotland	Justice of the Peace (JP) Court	JPs	Unpaid, not legally qualified

The magistrates rule the test loves: in England, Wales, and Scotland, magistrates/JPs are usually unpaid and don’t need legal qualifications. They are members of the local community, trained for the role, and supported by a legal adviser. Northern Ireland is the exception — minor cases there are heard by a District Judge, who is paid and legally qualified.

Magistrates decide the verdict in their cases and, if guilty, the sentence.

Serious cases

Where	Court	Who decides	Jury size
England, Wales, NI	Crown Court	Judge and jury	12
Scotland	Sheriff Court	Sheriff alone, or sheriff + jury	15
Scotland (most serious, e.g. murder)	High Court	Judge + jury	15

A jury is made up of members of the public chosen at random from the local electoral register. Jury service is compulsory unless you are not eligible (e.g. previous criminal conviction) or have a good reason to be excused (e.g. ill health).

The jury listens to the evidence and decides “guilty” or “not guilty”. In Scotland, a third verdict is possible: “not proven.” If the jury finds the defendant guilty, the judge decides the penalty.

The Supreme Court vs Crown Court trap. Crown Court = serious criminal trials with jury (in England, Wales, and NI). Supreme Court = the highest court of appeal in the UK — it is not a trial court. If a question asks for “the highest court,” the answer is the Supreme Court, not the Crown Court. The Supreme Court was created in 2009, replacing the old judicial role of the Law Lords.

Youth courts

If the accused is aged 10 to 17:

• In E&W and NI — 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 go to the Crown Court.
• In Scotland — the Children’s Hearings System is used for offences by children and young people.
• In Northern Ireland — there is also a system of youth conferencing.

Specifics for Youth Courts in E&W and NI:

• Parents or carers of the young person are expected to attend.
• Members of the public are not allowed in.
• The accused’s name or photograph cannot be published or used by the media.

Civil courts

Where	Court	Most serious civil cases
E&W and NI	County Court	High Court
Scotland	Sheriff Court	Court of Session (Edinburgh)

County Courts (and Scottish Sheriff Courts) handle: money owed, personal injury, family matters, breaches of contract, divorce. The High Court / Court of Session takes the more serious civil cases — for example, large compensation claims.

The small-claims procedure

An informal way to settle minor disputes without spending a lot on lawyers:

Region	Threshold
England and Wales	Less than £5,000
Scotland and Northern Ireland	Less than £3,000

The two thresholds are testable separately. If a question gives you “Scotland” or “Northern Ireland,” the answer is £3,000. If it gives you “England and Wales,” it’s £5,000.

The hearing is in front of a judge in an ordinary room, with people from both sides sitting around a table. Small claims can also be filed online through Money Claims Online.

Solicitors

• Solicitors are trained lawyers who give advice, take action for clients, and represent clients in court.
• It is important to find one who specialises in the right area of law for your case.
• Charges are usually based on the time spent.
• Citizens Advice Bureau can help find a solicitor.
• Country-specific Law Societies: Law Society (E&W), Law Society of Scotland, Law Society of Northern Ireland.

Terrorism and extremism

The handbook flags terrorism as a continuing threat — Al-Qaeda and similar organisations are named, plus Northern Ireland-related terrorism. The handbook calls out “vocal or active opposition to fundamental British values” as the definition of extremism, including religious and far-right strands. If you think someone is trying to recruit you to an extremist cause, notify your local police force.

What to take from this section

1. Criminal vs civil law. Criminal = crimes, police, courts punish. Civil = disputes between individuals/groups.
2. Magistrates rule: unpaid + not legally qualified in E&W and Scotland; NI uses paid, legally-qualified District Judges.
3. Crown Court (E&W + NI) = serious criminal, judge + 12-person jury. Sheriff/High Court (Scotland) = 15-person jury, “not proven” verdict possible.
4. Crown Court ≠ Supreme Court. Supreme Court = highest court of appeal in the UK.
5. Youth Court (E&W, NI): ages 10–17, three trained magistrates, no public, no name/photo in media.
6. Small claims: £5,000 in England and Wales, £3,000 in Scotland and Northern Ireland.
7. Civil cases: County Court (E&W, NI) or Sheriff Court (Scotland); serious cases go to High Court (E&W, NI) or Court of Session (Scotland).
8. Police: Chief Constables, independent of government, PCCs since November 2012 in E&W.