How does the justice system work in England and Wales?
The structure of the courts in England and Wales, the roles of the police, judges, magistrates, juries and lawyers, how criminal and civil cases progress, and the aims of sentencing and punishment.
A focused answer for OCR GCSE Citizenship Studies on the justice system in England and Wales: the structure of the courts, the roles of the police, judges, magistrates, juries and lawyers, how criminal and civil cases progress, and the aims of sentencing.
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What this dot point is asking
OCR wants you to explain how the justice system works: the structure of the courts, who does what (the police, magistrates, judges, juries and lawyers), how a case moves through the system, and what sentencing is meant to achieve. This Section 1 content underpins the whole course and is examined through knowledge questions on the courts and roles and through "Explain" and "Evaluate" questions on sentencing and fairness.
The structure of the courts
Who does what
The justice system depends on several roles working together.
- The police investigate crimes, gather evidence, arrest suspects and pass cases to the prosecutor. They must follow rules (such as the Police and Criminal Evidence Act) that protect suspects' rights.
- The Crown Prosecution Service (CPS) decides whether there is enough evidence and whether prosecution is in the public interest.
- Magistrates are unpaid volunteers (lay magistrates) who decide less serious criminal cases, usually sitting in threes and advised on the law by a legal adviser.
- Judges apply the law, run Crown Court trials, decide points of law and pass sentence. They must be independent and impartial.
- Juries of twelve members of the public decide the facts (guilt or innocence) in serious Crown Court trials, a key way ordinary citizens take part in justice.
- Lawyers: solicitors advise clients and prepare cases, and barristers usually argue cases in the higher courts.
How a case progresses and the aims of sentencing
A criminal case typically runs: the police investigate and arrest; the CPS charges; the case is heard in the Magistrates' or Crown Court; the magistrates or jury reach a verdict; and the magistrate or judge passes sentence if the defendant is guilty. A civil case runs: the claimant files a claim; the parties exchange evidence; many cases settle out of court; and if not, a judge decides and may order compensation or an injunction.
Try this
Q1. Which court hears the most serious criminal cases, with a judge and jury? [Knowledge recall]
- Cue. The Crown Court.
Q2. Explain the difference between the role of the judge and the role of the jury in a Crown Court trial. [Short explanation]
- Cue. The jury decides the facts (whether the defendant is guilty); the judge applies the law, runs the trial and passes sentence if there is a guilty verdict.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR J270 20192 marksIdentify two roles carried out by a magistrate.Show worked answer →
A short knowledge question (2 marks, 1 mark each). Reward two correct roles.
Acceptable answers: hearing and deciding less serious (summary) criminal cases in the Magistrates' Court; deciding the verdict (guilt or innocence) in those cases; passing sentence within their limited powers; deciding bail; and dealing with the first hearing of more serious cases before they go to the Crown Court.
Top marks. Two distinct, correct roles. Magistrates are unpaid volunteers (lay magistrates) who usually sit in threes and are advised on the law by a legal adviser.
OCR J270 20228 marksExplain the aims of sentencing in the criminal justice system.Show worked answer →
An extended "Explain" question (8 marks, AO1 and AO2). Reward developed aims, each explained, not just listed.
Aim one (punishment and deterrence). Sentences punish the offender for the harm done and aim to deter both that offender and others from committing crimes, for example through fines or prison.
Aim two (protecting the public). Imprisonment removes dangerous offenders from society, protecting potential victims while the sentence lasts.
Aim three (rehabilitation and reparation). Sentences increasingly aim to rehabilitate offenders so they do not reoffend (education, treatment, community orders) and to make reparation, repaying the victim or community, for example through compensation or unpaid work.
Top band. Three developed aims with examples of sentences, and a judgement on which aim should matter most (often a balance between protecting the public and rehabilitation).
Related dot points
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Sources & how we know this
- OCR GCSE (9-1) Citizenship Studies J270 specification — OCR (2016)
- The court structure of England and Wales — Courts and Tribunals Judiciary (2023)