Key Stage 4 citizenship · Rights and law

GCSE citizenship: the UK legal system, a guide for parents

The UK does not have a single legal system: courts and some rules differ between England and Wales, Scotland and Northern Ireland. At GCSE, teenagers study how criminal and civil law differ, which courts hear which cases, who works in them, how a case moves from police investigation to verdict and appeal, and why an independent judiciary and a fair trial matter to a free society.

The legal system in the UK, explained

There are three legal jurisdictions in the UK: England and Wales, Scotland, and Northern Ireland. Most GCSE courses concentrate on England and Wales, but pupils know that Scotland has its own courts, its own law in many areas and some notable differences. For example, a jury in a Scottish criminal trial has 15 members rather than 12. The age at which children can be held criminally responsible is 10 in England and Wales and 12 in Scotland.

The first big distinction is between criminal and civil law. Criminal law deals with offences against society, such as theft, assault and fraud. The case is brought by the state, in England and Wales usually through the Crown Prosecution Service, against a defendant, and the prosecution must prove guilt beyond reasonable doubt. A guilty defendant is sentenced, for instance with a fine, community order or prison. Civil law deals with disputes between people or organisations, such as a broken contract, a dispute with a landlord or an injury caused by negligence. The person bringing the case, the claimant, must show that their version is more likely than not, which is called the balance of probabilities. The usual outcome is a remedy such as compensation or a court order, not a punishment. The same event can lead to both kinds of case.

Courts are organised in levels. Most criminal cases start and many finish in a magistrates’ court, where a bench of trained volunteer magistrates or a legally qualified district judge decides guilt and sentence. Serious cases go to the Crown Court, where a judge decides points of law and sentences, while a jury of 12 members of the public decides the facts and the verdict. Under-18s are mostly tried in a youth court. Civil cases begin in the county court or, for the biggest, in the High Court, and many disputes are settled without a trial. Appeals from a magistrates’ court in a criminal case usually go to the Crown Court. Appeals from the Crown Court and the High Court go to the Court of Appeal and, in cases that raise a point of law of general public importance, to the Supreme Court.

Many people have a part to play. Police investigate, the Crown Prosecution Service decides whether there is enough evidence and whether prosecution is in the public interest, and solicitors and barristers advise and represent. Judges must be independent of government and of anyone with an interest in the case, which is a basic protection in a free society. Fair-trial principles include being presumed innocent until proven guilty, knowing the charge, having legal advice, and being heard in public. Pupils may debate how well access to justice works in practice, including legal aid, cost and delays.

Law is shaped by Parliament, applied by courts and enforced by police and other agencies, but sentencing is about purpose as well as punishment. Courts in England and Wales consider punishing offenders, reducing crime including by deterring others, reforming and rehabilitating offenders, protecting the public and making offenders give something back. Alternatives to court, such as restorative justice and mediation, are also part of the picture.

Words your child will hear

Prosecution: The side that brings a criminal case against a defendant; in England and Wales, usually the Crown Prosecution Service.
Defendant: The person accused of an offence, or sued in a civil case.
Burden of proof: The duty to prove a case. In criminal trials it rests on the prosecution, who must prove guilt beyond reasonable doubt.
Claimant: The person or organisation that brings a civil case.
Judiciary: The judges and magistrates who apply the law and must be independent of government.
Jury: Twelve members of the public in a Crown Court trial who decide the facts and return a verdict.
Appeal: A request to a higher court to review a decision or sentence.

What the National Curriculum says

The programme of study for Key Stage 4 says:

Pupils should be taught about the legal system in the UK, different sources of law and how the law helps society deal with complex problems
Aim: pupils develop a sound knowledge and understanding of the role of law and the justice system in our society and how laws are shaped and enforced.

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

Try it: following a case through the courts

Maya, an adult, is accused of burgling a house. Describe how the case could move through the courts and who decides what at each stage.

The police investigate. They collect evidence, interview witnesses, and may arrest and question Maya. At this stage no one has decided that she did it.
The Crown Prosecution Service reviews the file. It asks whether there is enough evidence for a realistic chance of conviction, and whether prosecuting is in the public interest. If both are met, Maya is charged.
The first hearing is in the magistrates’ court, which decides whether she is held in custody or released on bail. Burglary of a home is usually an “either way” offence, which means it can be heard in either court. The more serious the case, the more likely it is to be sent to the Crown Court, for example if the magistrates decide their sentencing powers are not enough.
If Maya pleads guilty, the judge or magistrates sentence her. If she pleads not guilty, there is a trial. In the Crown Court the prosecution must prove guilt beyond reasonable doubt to a jury of 12, while the judge explains the law and manages the trial.
The jury returns a verdict. If Maya is found not guilty she is acquitted and leaves court, and the prosecution generally cannot appeal against that verdict. If she is found guilty, the judge sentences her. She can ask permission to appeal to the Court of Appeal against her conviction or sentence, and for some offences a sentence that looks far too lenient can be referred to the Court of Appeal for review.

Police investigate, the Crown Prosecution Service decides whether to charge, magistrates handle the first hearing, the Crown Court jury decides guilt if there is a not-guilty plea, and the judge sentences. At each stage a different person or body makes the decision, which helps keep the system fair.

Common mistakes and how to help

Thinking the judge decides whether someone is guilty in every trial

Television courtroom scenes put the judge at the centre.

What helps: In a Crown Court trial the jury decides the facts and the verdict, and the judge decides the law and the sentence. In a magistrates’ court the magistrates decide both guilt and sentence.

Believing a defendant has to prove they are innocent

People often say “prove it wasn’t you”, which reverses the legal rule.

What helps: The burden is on the prosecution. A defendant is presumed innocent until the prosecution proves guilt beyond reasonable doubt. Ask why a society might choose that rule.

Thinking civil cases are just a less serious kind of crime

Both happen in courts and involve lawyers, so they seem similar.

What helps: Civil cases are disputes between parties, with a lower standard of proof and remedies such as compensation. A criminal case is about an offence against society and can end in a sentence.

Assuming one set of courts and laws covers the whole of the UK

National news speaks about “the UK courts”, and pupils tend to assume the whole country works alike.

What helps: Look at one difference, such as the Scottish jury or the age of criminal responsibility. England and Wales, Scotland and Northern Ireland are separate jurisdictions.

How to help at home

Visit a public gallery. Most magistrates’ and Crown Courts let the public watch hearings. Check the rules first, including opening times and any age limits for younger visitors, and go with an adult. Ask your teenager to note who is sitting where and what each person does.
Hold a family mock trial. Pick a light-hearted question, such as who ate the last biscuit, and give roles: prosecution, defence, witnesses and a jury. Talk about the burden of proof and what counts as evidence.
Classify the news. When you see a court story, decide together whether it is criminal or civil, who the parties are, what the standard of proof is and which court is involved.
Talk about jury service. Ask what it would take to be fair as a juror: setting aside assumptions, listening to all the evidence and agreeing a verdict with 11 others. It makes the idea of a fair trial personal.
Discuss what a fair punishment is. Give an example of an offence and ask what a sentence should aim to do: punish, deter, reform, protect or repair harm. Different aims often point to different answers.

Builds on

Key Stage 3: The precious liberties of UK citizens
Key Stage 3: Rights and responsibilities
Key Stage 3: The nature of rules and laws
Key Stage 3: The role of the police
Key Stage 3: Courts and tribunals