How does the justice system work and how are courts organised?
The structure of the courts, the role of the judiciary, juries, legal aid and the aims of sentencing, and how the justice system treats young people differently.
A focused answer for AQA GCSE Citizenship Studies on the structure of the courts, the role of judges and juries, legal aid and access to justice, the aims of sentencing, and how young people are dealt with by the youth justice system.
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What this dot point is asking
AQA wants you to know how the courts are organised, the roles of judges and juries, how people get access to justice, and the aims of sentencing. You should also know how the system treats young people differently from adults. This Rights and responsibilities topic (Paper 2) is tested through "Explain" questions on juries and the aims of sentencing and through extended "Evaluate" questions on what sentencing should achieve. The examiner rewards the clear division of roles between judge and jury, the five aims of sentencing, and the recognition that under-18s are dealt with separately.
The structure of the courts
The courts form a hierarchy, with more serious cases and appeals heard by higher courts. The Magistrates' Court deals with the great majority of criminal cases, the less serious ones, with magistrates (often unpaid volunteers) deciding the outcome. Serious offences are sent up to the Crown Court for trial by jury before a judge. Civil disputes are usually heard in the County Court or, for larger or more complex cases, the High Court. A party who believes a decision was wrong can appeal to a higher court, and the Supreme Court is the final court of appeal in the UK. This structure allows decisions to be reviewed and helps keep the law consistent.
Judges and juries
In a Crown Court criminal trial there is a clear division of roles: the jury of twelve ordinary citizens decides the facts, that is whether the defendant is guilty or not guilty based on the evidence, while the judge manages the trial, rules on points of law, and decides the sentence if the defendant is found guilty. The independence of the judiciary from government is a key protection for citizens and for the rule of law, because it means cases are decided on the law and the evidence, not on political pressure. Serving on a jury is an important civic responsibility that gives ordinary people a direct role in justice.
Access to justice and legal aid
Legal aid is government funding that helps people who cannot afford a lawyer to get legal advice or representation. It supports the principle of access to justice: that everyone, not only those who can pay, should be able to use the legal system and defend their rights. Without some form of help, poorer people could be at a serious disadvantage against wealthier opponents or the state. AQA expects you to link legal aid to fairness and equality before the law, which is part of the rule of law.
The aims of sentencing
These five aims often pull in different directions, which is why they are a favourite topic for extended questions. Protection means keeping dangerous offenders away from the public (for example through prison). Punishment expresses society's disapproval. Deterrence aims to discourage the offender and others from offending. Rehabilitation tries to change the offender's behaviour through education, treatment or community work so they do not reoffend. Reparation makes the offender put something back, for example through compensation or unpaid community work. Sentences range from fines and community orders to imprisonment, chosen according to the seriousness of the offence and these competing aims.
Young people and the justice system
The youth justice system deals with offenders aged 10 to 17 separately from adults. It uses youth courts, focuses strongly on preventing reoffending and rehabilitation rather than punishment, and avoids the publicity of adult courts to protect young people. The minimum age of criminal responsibility in England and Wales is 10. AQA expects you to know that the system treats children differently because of their age and capacity to change, prioritising getting them back on track.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 20194 marksExplain the role of a jury in a Crown Court trial.Show worked answer →
A Paper 2 "Explain" question (AO1 plus AO2). Define the jury and explain what it does.
A jury in a Crown Court is made up of twelve ordinary citizens, selected at random, who hear the evidence in a criminal trial.
Their role is to decide the facts: whether the defendant is guilty or not guilty based on the evidence presented. The judge, not the jury, then decides the sentence if the defendant is found guilty.
Markers reward the number twelve, the idea of deciding guilt on the evidence, and the distinction that the jury decides guilt while the judge decides sentence.
AQA 20219 marksEvaluate the view that the main aim of sentencing should be to punish offenders.Show worked answer →
AO1, AO2 and AO3. Weigh the aims of sentencing and reach a judgement.
For punishment: society and victims expect wrongdoing to have consequences, and punishment can express disapproval and provide a sense of justice; it can also deter others.
For other aims: sentencing also aims to protect the public, deter crime, reform and rehabilitate the offender so they do not reoffend, and provide reparation to victims or society. Rehabilitation, for example through community orders or education in prison, may cut reoffending more effectively than punishment alone.
Judgement: conclude, for example, that punishment is one important aim but should be balanced with protecting the public and rehabilitation, since reducing reoffending serves society better in the long run. Markers reward several named aims, balance and a clear conclusion.
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Sources & how we know this
- AQA GCSE Citizenship Studies (8100) specification — AQA (2016)