The roles and powers of the police, judges, magistrates and legal representatives, the roles of citizens such as jurors, magistrates and special constables, and the rights of citizens on arrest.

What this dot point is asking

Edexcel wants you to know the roles and powers of the police, judges, magistrates and legal representatives, the ways citizens take part in the justice system (as jurors, magistrates, special constables and tribunal members), and the rights of citizens on arrest. This Theme C topic (Paper 1 Section C) is tested through "Explain" tasks on roles such as the jury and "Describe" tasks on rights on arrest. The examiner rewards accurate descriptions of each role, the distinction between deciding facts and deciding the law, and the three key rights a person has when arrested.

The roles in the justice system

Each role has a distinct job. The police keep the peace, investigate crimes, collect evidence and have powers to stop, search and arrest people, within legal limits, so that suspects can be brought to justice. Judges preside over trials in the higher courts, ensure the trial is fair, rule on the law, and, where there is a conviction, decide the sentence; in a jury trial the judge handles the law while the jury decides the facts. Magistrates are members of the public who volunteer and are trained to hear less serious (summary) cases and the early stages of serious ones, usually sitting in a panel of three. Legal representatives, mainly solicitors (who advise and prepare cases) and barristers (who often argue cases in court), make sure people understand their position and are properly represented. Knowing who does what is the foundation of the topic.

How citizens take part

The justice system relies on ordinary citizens, not just professionals. A juror is one of twelve members of the public, chosen at random, who serve in a crown court trial; the jury listens to the evidence and decides whether the defendant is guilty or not guilty, while the judge handles the law and the sentence. Magistrates are volunteers who give their time to hear cases. Special constables are trained volunteers with the same powers as regular police officers, supporting policing in their spare time. Citizens may also sit as members of tribunals, which decide certain disputes (covered in the next topic). These roles show citizenship in action: deciding guilt, helping run the courts and supporting the police are all ways citizens contribute to justice. The role of the jury is especially commonly examined.

Rights on arrest

These rights protect people against unfair treatment by the state and put the principles of the rule of law and access to justice into practice. When someone is arrested, the police must tell them why they are being arrested, so they understand the reason for their detention. The person has the right to have a friend, relative or other person told where they are. Crucially, they have the right to free legal advice and to consult a solicitor, so they are not left to face questioning without help. These rights are part of fundamental principles of law in practice, and Edexcel commonly asks you to describe them, so learn the three clearly: the reason for arrest, informing someone, and access to a solicitor.