The types of criminal courts (magistrates court and crown court) and the cases they handle, the types of civil courts (county court and high court), and the use of tribunals and other means of civil dispute resolution such as mediation.

What this dot point is asking

Edexcel wants you to know the criminal courts (magistrates court and crown court) and the cases they handle, the civil courts (county court and high court), and the use of tribunals and other ways of settling civil disputes, such as mediation. This Theme C topic (Paper 1 Section C) is tested through "Explain" tasks on the difference between the courts and "Describe" tasks on mediation and tribunals. The examiner rewards an accurate matching of court to case (serious versus less serious, criminal versus civil), the presence or absence of a jury, and the benefits of alternatives to court such as mediation.

The criminal courts

Criminal cases are sorted by seriousness. The vast majority of cases start, and most are dealt with entirely, in the magistrates court: these are less serious offences (such as minor theft or motoring offences) heard by magistrates, who decide guilt and sentence within limited powers, and there is no jury. The crown court handles the most serious offences (such as serious assault, robbery or other indictable crimes), as well as cases sent up from the magistrates court for trial or sentencing. Here a judge runs the trial and a jury of twelve citizens decides whether the defendant is guilty, and the court can impose heavier sentences. The key contrast Edexcel tests is less serious versus serious, no jury versus jury, and limited versus greater sentencing power.

The civil courts

Civil disputes, which are about settling private disagreements rather than punishing crime, are heard mainly in two courts. The county court handles the bulk of civil cases, including claims for debt, personal injury, breach of contract and many family and housing matters. More complex or higher-value cases, and certain specialist matters, are dealt with in the high court. A judge (not a jury, in most civil cases) hears the evidence and decides who is liable and what remedy should follow, such as compensation or a court order. Knowing that county and high courts are civil, while magistrates and crown courts are criminal, lets you place a scenario in the right court, which is a common exam task.

Tribunals and settling disputes out of court

Going to court is not the only way to resolve a civil dispute, and often not the best. Tribunals are specialist bodies that decide particular kinds of case, such as employment disputes or benefits appeals; they are usually less formal, quicker and cheaper than a full court case, and citizens can sit as tribunal members. Mediation is a form of alternative dispute resolution in which a neutral third person, the mediator, helps the two sides talk and reach their own agreement, rather than having a decision imposed on them. Its advantages are that it is usually cheaper, faster and less stressful than court, and the parties keep more control over the outcome and can preserve a working relationship. Edexcel rewards awareness that disputes can be settled outside court and the benefits of doing so.