Key Stage 3 citizenship · Law and justice

KS3 citizenship: courts, tribunals and how justice works

Key Stage 3 citizenship teaches pupils how the justice system works, including the operation of courts and tribunals. Pupils learn the difference between criminal and civil cases, which court deals with which kind of case, who the people in a courtroom are, and the principles that make a trial fair. They also practise researching evidence, debating viewpoints and presenting reasoned arguments about justice.

Courts and tribunals, explained

The first distinction pupils learn is between criminal and civil law. In a criminal case the state, through a prosecutor, accuses a person of breaking the law, and the court decides whether they are guilty and, if so, what the sentence should be. In a civil case one person or organisation brings a dispute against another, over a debt, a contract, a landlord’s behaviour or compensation, for example, and the court decides who is right and what should be done to put it right. Family courts deal with matters such as arrangements for children after a separation.

Almost every criminal case starts in a magistrates’ court, and most are also finished there, in front of a panel of usually three magistrates, who are trained volunteers from the local community and are advised by a legal adviser, or in front of a professional judge. The most serious offences are sent to the Crown Court, where a judge manages the trial and a jury of 12 members of the public decides the facts and the verdict. The judge decides the sentence. Young people aged 10 to 17 are usually dealt with in a youth court, which is less formal and closed to the public. Appeals can go to higher courts, up to the Supreme Court. Scotland and Northern Ireland have their own systems, so lessons usually concentrate on England and Wales.

Pupils study the principles that make the process fair. A defendant is presumed innocent, so the prosecution must prove guilt, and in a jury trial the jury must be sure before convicting. In civil cases the standard is lower: the court decides what is more likely than not, which lawyers call the balance of probabilities. Judges are independent of the government, defendants have the right to legal representation, and most hearings are open to the public so that justice can be seen to be done. Juries are drawn at random from adults on the electoral register, which links neatly to the citizenship idea that taking part in public life is a responsibility as well as a right.

Tribunals are the part of the system pupils are least likely to have heard of. They are specialist bodies set up by Parliament to settle particular kinds of dispute, such as unfair dismissal at work, appeals against decisions about benefits, or immigration and asylum decisions. They tend to be less formal than courts, hearings are often held before a judge and sometimes specialist members, and people can often represent themselves. A tribunal is not a lesser court, just a different route designed for particular types of dispute.

In class, this is usually taught through cases and role-play. Schools might hold a mock trial, arrange a visit or a talk from a magistrate, or give pupils short fictional cases to sort and argue about. Pupils are expected to use and apply what they know: weighing evidence, spotting the difference between a fact and an opinion, and putting together an argument for either side. Many also debate wider questions, such as whether trial by jury is the best way to decide serious cases and what makes a sentence fair.

Words your child will hear

Defendant: The person accused of a crime, or the person a civil claim is brought against.
Prosecution: The side that brings a criminal case and tries to prove guilt.
Verdict: The decision on whether a defendant is guilty or not guilty.
Sentence: The punishment a court gives after a guilty verdict.
Jury: Twelve ordinary citizens in a Crown Court trial who decide the verdict from the evidence.
Tribunal: A specialist body that settles a particular kind of dispute, such as an employment tribunal.
Burden of proof: The responsibility to prove a case: in a criminal trial it rests on the prosecution.

What the National Curriculum says

The programme of study for Key Stage 3 says:

Pupils should be taught about the nature of rules and laws and the justice system, including the role of the police and the operation of courts and tribunals
Pupils should use and apply their knowledge and understanding while developing skills to research and interrogate evidence, debate and evaluate viewpoints, present reasoned arguments and take informed action.

Objectives from the National Curriculum in England, © Crown copyright, used under the Open Government Licence v3.0.

Try it: which court or tribunal?

Decide where each case would be dealt with. A: a 15-year-old charged with shoplifting. B: a worker who says they were dismissed unfairly. C: two neighbours in dispute over £3,000 owed. D: an adult charged with murder.

First ask whether the case is criminal or civil. A and D are criminal, because the state is accusing a person of an offence. B and C are disputes between people or organisations, so they are civil or tribunal matters.
For the criminal cases, think about age and seriousness. A is a young person charged with a less serious offence, so the usual place is the youth court, which has no jury and is closed to the public. D is among the most serious offences, so the case will start in a magistrates’ court and then move to the Crown Court for a trial with a jury.
For the civil cases, ask whether a specialist tribunal exists. Disputes about dismissal go to an employment tribunal, which is designed for them. A debt between neighbours has no specialist tribunal, so it goes to the County Court, where a claim of this size is usually handled as a small claim.
Check the standard of proof. In D the prosecution must prove guilt so that the jury is sure. In C the court weighs who is more likely to be right, the balance of probabilities.

A: youth court. B: employment tribunal. C: county court, a civil case. D: first appearance at a magistrates’ court, then trial by judge and jury at the Crown Court. In criminal cases guilt must be proved; in civil cases the court decides what is more likely.

Common mistakes and how to help

“A tribunal is just a smaller, lesser court”

Most pupils have heard of courts and trials but not tribunals, so they assume a tribunal is a minor version.

What helps: Explain that tribunals are specialist routes for particular disputes, and that employment and benefits cases are often better suited to them. Ask your child why a specialist panel might help.

“The defendant has to prove they are innocent”

Courtroom dramas show characters scrambling to clear their name, which makes it look as if the accused carries the burden.

What helps: Say it plainly: in a criminal trial the prosecution must prove guilt. Then ask your child why a fair system would be set up this way round.

“The jury decides the punishment”

Juries are the most memorable part of a trial, and some dramas from other countries show juries deciding sentences.

What helps: Separate the jobs. Parliament makes the laws, the judge manages the trial and passes sentence, and the jury decides only the verdict in a Crown Court trial. In a magistrates’ court, the magistrates decide both the verdict and the sentence.

“All trials have a jury, a gavel and lots of shouting”

Many courtroom scenes come from American dramas. In England and Wales there is no gavel, and the vast majority of criminal cases are dealt with by magistrates without a jury.

What helps: Look for pictures and descriptions of a real magistrates’ court. Ask what is the same as on screen and what is different.

How to help at home

Run a kitchen-table mock trial. Use a light-hearted dispute, such as who left the milk out, or a fairy-tale case. Assign roles: prosecution, defence, witnesses, jury and judge. Ask the jury to explain which evidence convinced them.
Watch real justice, safely. Many hearings are open to the public, but children under 14 are generally not allowed in the public gallery, and youth and family hearings are closed. For an older teenager, check with the court first and go together. Younger pupils can take part in a school mock trial or follow a real case in the news instead.
Sort the news into categories. When a court case is reported, ask your teenager: criminal or civil, which court, who has to prove what, and what is still unknown. Spotting what a report leaves out is a useful skill.
Talk about jury service. Ask whether they would want to serve on a jury, what they think a juror must do to be fair, and why ordinary citizens are used rather than only legal experts.

Leads on to

Key Stage 4: Human rights
Key Stage 4: International law
Key Stage 4: The legal system in the UK
Key Stage 4: Where laws come from
Key Stage 4: Law and complex problems