Lesson 7 of 10

Rights, law, and courts

The rule of law means the law applies to people and institutions. Criminal courts deal with alleged offences; civil courts resolve disputes such as housing or debt claims. Judges are independent of government, and court structures differ across the UK.

Part 1 of 4

Criminal law, civil law and human rights

The rule of law means the law applies to people and public authorities. Criminal law concerns alleged offences; civil law deals with disputes between people or organisations, such as some housing or debt cases. The police investigate crime, while courts decide cases. Judges are independent from government.

Criminal law deals with offences against the law, such as assault, theft, and driving while drunk. Civil law deals with disputes between people or organisations, such as contracts, property, and compensation. A criminal trial and a civil claim are different proceedings.

Theft, assault, illegal drugs and unlawful weapon carrying can lead to criminal proceedings. A weapon carried for self-defence can still be unlawful. Civil disputes include faulty goods, rent and repairs, unpaid debts, contracts, wages and unfair dismissal. Smoking is prohibited in nearly all enclosed public places. These examples show why criminal courts and civil courts have different roles.

The UK signed the European Convention on Human Rights in 1950. The Human Rights Act 1998 gave effect to Convention rights in UK law. They include life, liberty, security, a fair trial, freedom of thought, religion and expression, and protection against torture, slavery and forced labour. Public authorities must respect these rights, and courts can examine whether official actions are lawful.

Part 2 of 4

Courts and juries

In England and Wales, less serious criminal cases are usually heard in a magistrates’ court. Magistrates may be trained volunteers; a District Judge is legally qualified. More serious criminal cases can be heard in the Crown Court, with a judge and jury. Scotland has a separate court system, including sheriff courts and the High Court of Justiciary.

In Scotland, Justice of the Peace Courts deal with less serious criminal offences, such as some minor motoring offences. Justices of the peace are lay judges supported by legally qualified advisers. Civil small claims generally use Simple Procedure in the sheriff court.

For a serious criminal trial, jurors are members of the public selected at random from the electoral register. They listen to the evidence and decide whether the accused is guilty; they do not choose the sentence. If the jury returns a guilty verdict, the judge decides the penalty. There are 12 jurors in England, Wales, and Northern Ireland, and 15 in Scotland.

A jury decides whether the prosecution has proved guilt; the judge directs the trial on matters of law and determines the sentence following conviction. Criminal juries usually have 12 people in England, Wales, and Northern Ireland, and 15 in Scotland. Jury service is an important civic duty when summoned.

In Scotland, the “not proven” verdict was abolished for new criminal trials from 1 January 2026. At least two-thirds of the 15 jurors must now agree to convict. Court structures and legal terms differ across the UK, so check current guidance for legal rules.

For new Scottish criminal trials from 1 January 2026, the available verdicts are guilty and not guilty; the former “not proven” verdict has been abolished. A guilty verdict requires at least two-thirds of the jury, normally 10 of 15 jurors. Distinguish this current rule from older descriptions of Scotland’s system.

For ordinary money disputes, the usual small claims track limit in England and Wales is £10,000. Scotland uses Simple Procedure for most eligible claims up to £5,000. In Northern Ireland the small claims limit is generally £5,000. Claim type and exceptions matter, so these figures are not guarantees that a particular case qualifies.

County courts deal with many civil claims in England and Wales, and Northern Ireland has its own county courts. Larger or more complex claims may reach the High Court. In Scotland sheriff courts handle many civil and criminal cases; the Court of Session in Edinburgh is the supreme civil court. The High Court of Justiciary hears Scotland’s most serious criminal cases. Northern Irish minor criminal cases are heard by legally qualified district judges.

Youth justice uses special procedures and safeguards. England and Wales use youth courts for many cases involving children aged 10–17. Scotland has the Children’s Hearings System, and Northern Ireland uses youth conferencing as part of its system. Solicitors provide legal advice and may represent clients in court. Citizens Advice and the relevant Law Society can help people find appropriate legal help. Ask about charges and relevant experience before employing a solicitor.

Part 3 of 4

Police and arrest

Police protect people and property, keep the peace and investigate crime. Chief constables lead many territorial police forces. Police community support officers support policing and work with communities; their powers differ from those of police officers. Officers must obey the law and can be held accountable for misuse of power. Anyone concerned about recruitment into terrorism or violent extremism should contact the police.

If you are arrested, you can ask for legal advice. Legal aid may help eligible people with legal costs. Courts and police must act within the law. In an emergency requiring urgent police, fire, or ambulance help, call 999 or 112.

The Independent Office for Police Conduct (IOPC) oversees the police complaints system in England and Wales and independently investigates the most serious matters. It is independent of the police. Other UK nations have their own oversight arrangements.

Part 4 of 4

Abuse, FGM and forced marriage

Domestic abuse is a crime. In England, Refuge runs the free, 24-hour National Domestic Abuse Helpline on 0808 200 0247. Women’s Aid provides information at womensaid.org.uk. GOV.UK lists support services for all four nations. Call 999 in an emergency.

Female genital mutilation, or FGM, is illegal in the UK, and taking a British national or permanent resident abroad for FGM is also illegal. Marriage requires free and full consent. In an arranged marriage both people freely agree; a forced marriage involves the absence of valid consent and coercion or abuse. Protection orders can help people at risk. Domestic violence and sexual violence, including within marriage, are crimes.