Legal Systems in Other Parts of the UK (AQA GCSE Citizenship Studies): Revision Note

Exam code: 8100

Michael Mitchell

Written by: Michael Mitchell

Reviewed by: Lisa Eades

Updated on

  • The legal system in Scotland has its own separate courts and legal traditions, even though it is part of the United Kingdom

    • For example, Scotland has Sheriff Courts and Justice of the Peace Courts instead of Magistrates’ and County Courts

    • Few criminal cases go to the UK Supreme Court, reflecting Scotland’s long-standing legal independence

  • The operation and control of the Scottish justice system is a devolved power to the Scottish Parliament 

    • Its operation is the responsibility of the Justice Directorate

Court

Role

Justice of the Peace Courts

  • Deal with minor criminal offences, such as breach of the peace or minor road offences

  • Cases are heard by a Justice of the Peace (JP), with a maximum sentence of a £2,500 fine or 60 days in prison

Sheriff Courts

  • Deal with the majority of criminal and civil cases in Scotland

  • Criminal cases are decided by a sheriff, sometimes with a jury for more serious offences

Sheriff Appeal Court

  • Hears appeals from Sheriff Courts in both civil and criminal cases

  • It checks whether the law was applied correctly in the original decision

Court of Session

  • Scotland’s highest civil court

  • The Outer House hears cases at first instance, while the Inner House deals with appeals

High Court of Justiciary

  • Scotland’s highest criminal court, dealing with the most serious crimes and hearing criminal appeals

UK Supreme Court

  • The final court of appeal for civil cases in Scotland and for some criminal cases involving human rights or devolution issues

  • It does not hear most Scottish criminal appeals

  • Northern Ireland has its own legal system, with a structure that reflects its distinct legal history

  • The overall court hierarchy and many court names are similar to those in England and Wales

    • Both use Magistrates’ Courts, Crown Courts, County Courts, High Courts, and a Court of Appeal

    • However, Northern Ireland operates its own Court of Appeal and High Court, rather than sharing these with England and Wales

    • Both systems share the UK Supreme Court as their final court of appeal.

  • The courts are the responsibility of the Department of Justice of the Northern Ireland devolved government

Court

Role

Magistrates’ Courts

  • Deal with minor criminal offences and some civil matters, such as family and licensing cases

  • Cases are usually heard by a lay magistrate or a district judge, with limited sentencing powers

County Courts

  • Deal mainly with civil cases, such as disputes over money, housing, and personal injury claims

  • They can also hear appeals from Magistrates’ Courts in some cases

Crown Court

  • Deals with serious criminal cases, such as robbery or serious assault

  • Hears appeals from Magistrates’ Courts. Cases are heard by a judge and jury

High Court

  • The highest civil court in Northern Ireland, dealing with complex or high-value civil cases and judicial reviews

  • It also oversees the work of lower courts

Court of Appeal (Northern Ireland)

  • Hears appeals from the Crown Court and the High Court

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

UK Supreme Court

  • The final court of appeal for Northern Ireland in both civil and criminal cases

  • It deals with cases of major legal importance, including human rights and constitutional issues

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Michael Mitchell

Author: Michael Mitchell

Expertise: Content Writer

Michael Mitchell is a pioneer of Citizenship education and a former Chief Examiner and Chief Moderator across all qualification levels. Michael's aim is to enable students to participate and become active citizens and not just passive members of society. He designed national specifications and, later, trained the next generation of teachers as the PGCE Subject Leader at the University of Plymouth, where he also ran a national Master's-level CPD program.

Lisa Eades

Reviewer: Lisa Eades

Expertise: Business Content Creator

Lisa has taught A Level, GCSE, BTEC and IBDP Business for over 20 years and is a senior Examiner for Edexcel. Lisa has been a successful Head of Department in Kent and has offered private Business tuition to students across the UK. Lisa loves to create imaginative and accessible resources which engage learners and build their passion for the subject.