Civil & Criminal Courts (AQA GCSE Citizenship Studies): Revision Note

An introduction to the court system

• The court system in England and Wales is structured in a clear hierarchy to ensure that cases are dealt with fairly and at the appropriate level

• It separates criminal courts, which deal with crimes, from civil courts, which deal with disputes between individuals or organisations

• The system allows decisions to be appealed to higher courts

Different types of courts in England and Wales

• Magistrates’ Court

  • This is where most criminal cases start and where less serious offences are dealt with by magistrates or a district judge

  • It can also handle early hearings for serious crimes before they are sent to the Crown Court

• County Court

  • The County Court deals with civil cases, such as disputes over money, housing or personal injury

  • Cases usually involve individuals or organisations rather than criminal offences

• Family Court

  • The Family Court deals with cases involving children and families, such as divorce, child arrangements and care orders

  • Its main focus is protecting the welfare of children

• Crown Court

  • The Crown Court deals with serious criminal cases, such as robbery or murder, and hears appeals from the Magistrates’ Court

  • Cases are decided by a judge and a jury

• High Court

  • The High Court deals with complex or high-value civil cases and important legal issues

  • It also has the power to review the lawfulness of decisions made by public bodies

• Court of Appeal

  • The Court of Appeal hears appeals against decisions made by the Crown Court and the High Court

  • It considers whether the law was applied correctly in earlier cases

• UK Supreme Court

  • The UK Supreme Court is the highest court in the UK and deals with cases of the greatest legal importance

  • It makes final decisions on points of law and can affect how laws are interpreted in the future

Civil courts

• Civil courts deal with disputes between individuals or organisations

  • Most cases do not involve a jury

  • Libel and slander cases do have juries

• Minor cases are dealt with by local county courts, where claims up to £5,000 can be settled

  • If it is a serious or high-value case, it goes to the High Court

• Civil courts deal with issues such as personal injury claims and contract issues

• The Family Court deals with family concerns, such as child protection issues

Trials in a civil court

• Many civil cases are resolved before they go to court

• If they reach court:

  • The claimant’s counsel will outline the facts of the case

  • Witnesses for the claimant give evidence and can be cross-examined

  • The defendant's counsel will then open their case and witnesses will be called and cross-examined

  • Final statements are then made by each side

  • In straightforward cases judgment will be given immediately

  • In more complex cases the judge can reserve judgment for a later date

  • Judges decide the amount to be paid if the claim is supported and also who is responsible for the payment of the legal costs

  • Decisions can be appealed

Criminal courts

• Criminal courts deal with cases where someone is accused of breaking the law and decide whether they are guilty and, if so, what punishment should be given

• Minor offences are dealt with in a Magistrates Court that can  imprison for a maximum of 12 months

• More serious cases have their first hearing in a Magistrates Court to decide whether the case should proceed

  • If the potential sentence is beyond the powers of the court, the case is referred to the Crown Court

  • Some people request that  their case goes to a Crown Court to be decided by a jury instead of by magistrates

• There is more legal financial help for criminal than civil cases

Trials in a criminal court

• Charges are read out by the judge, and the defendant is asked  after the to plead guilty or not guilty

  • In 2024, 76% of defendants in 2024 pleaded guilty

• If the defendant pleads guilty, a statement is made by the defence

  • The magistrates or judge determines the sentence

• If the defendant pleads not guilty

  • Less serious offences are dealt with by the magistrates court

  • The most serious offences, such as murder or rape, are sent to trial in the Crown Court

  • Offences that fall between these two groups are called ‘either way’ and magistrates decide which court should hold the trial

 A criminal trial 

• Charges are outlined by the lawyer for the Crown Prosecution Service (CPS) who acts on behalf of the state 

  • They call witnesses to give evidence and these can be cross-examined by the defendant or his lawyer

  • They aim to prove to the jury beyond reasonable doubt that the defendant is guilty

• The defendant may call witnesses who can be cross-examined by the CPS lawyer

  • There is no requirement for the defendant to call witnesses or speak on their own behalf

• Both the CPS and the defence make closing statements

• In a jury trial the judge will then sum up the evidence for the jury and direct them on relevant points of law

• Juries retire to consider their verdict

  • They can request further clarification from the judge or state that they are unable to reach a unanimous verdict

  • The judge can direct them to arrive at a majority verdict if 10 of the 12 are agreed

• Once the verdict is given the defendant is released if found not guilty or sentenced by the judge if found guilty

  • If found guilty, the defendant can appeal to a higher court against either the conviction or the sentence