- Evidential test — is there enough evidence for a realistic prospect of conviction?
- Public interest test — is prosecution in the public interest?
If both tests are met, the CPS prosecutes. If not, the case is dropped (though police may issue a caution or conditional caution).
3. Court Proceedings
Magistrates' Court (for summary and either-way offences):
- Defendant enters a plea (guilty or not guilty)
- If guilty, the court sentences immediately or adjourns for a pre-sentence report
- If not guilty, the court holds a trial (magistrates or district judge decide guilt)
Crown Court (for indictable offences):
- Defendant appears for a plea and trial preparation hearing
- If guilty, the judge sentences
- If not guilty, the case goes to trial with a jury
4. Sentencing
If convicted, the judge or magistrates sentence based on sentencing guidelines from the Sentencing Council. Sentences can include:
- Custodial sentence (prison or young offender institution)
- Suspended sentence (prison sentence suspended for up to 2 years, served only if the offender reoffends)
- Community sentence (unpaid work, curfew, rehabilitation requirement)
- Fine
- Discharge (absolute or conditional)
5. Appeals
Defendants can appeal:
- From magistrates' court to Crown Court (against conviction or sentence)
- From Crown Court to Court of Appeal (against conviction or sentence, with leave)
- From Court of Appeal to Supreme Court (on points of law of public importance, with leave)
Civil Law: How Disputes Are Resolved
Civil law deals with disputes between individuals or organisations. Common types include:
- Contract disputes (breach of contract, unpaid debts)
- Negligence claims (personal injury, medical negligence, professional negligence)
- Property disputes (boundary disputes, landlord-tenant disputes)
- Family law (divorce, child custody, financial settlements)
The Civil Court Process
- Pre-action protocols — parties must follow pre-action protocols (exchange information, attempt settlement) before issuing a claim
- Claim issued — claimant files a claim form with the court and serves it on the defendant
- Defence filed — defendant has 14-28 days to file a defence
- Case management — court gives directions for disclosure, witness statements, and trial
- Trial — judge hears evidence and legal arguments, then gives judgment
- Enforcement — if the claimant wins, they may need to enforce the judgment (e.g., bailiffs, charging order)
Small Claims Track
Claims under £10,000 (or £1,000 for personal injury) are allocated to the small claims track, which has:
- Simplified procedure
- No legal costs awarded (except court fees and witness expenses)
- Informal hearings (often without lawyers)
Small claims are designed for litigants in person (people representing themselves).
Legal Aid: The Crisis in Access to Justice
Legal aid is government funding for legal representation for people who cannot afford a lawyer. It is means-tested (based on income and assets) and subject to strict eligibility criteria.
The Cuts
Legal aid funding has been cut by 40% since 2010, following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The cuts removed legal aid for most civil cases, including:
- Most family law cases (except domestic violence)
- Most housing cases
- Most employment cases
- Debt and welfare benefits cases
Legal aid is still available for:
- Criminal cases (means-tested for magistrates' court, free for Crown Court if acquitted)
- Family cases involving domestic violence or child protection
- Housing cases involving homelessness or eviction
- Mental health tribunals
The Impact
The legal aid cuts have created a crisis in access to justice, according to the Law Society and legal charities:
- 650,000 fewer people received legal aid in 2023 compared to 2010, according to MoJ data
- Litigants in person (people representing themselves) now make up the majority of parties in family and housing cases, causing delays and unfair outcomes
- Legal aid deserts — many areas have no legal aid providers, forcing people to travel long distances or go without representation
- Advice deserts — law centres and Citizens Advice bureaux have closed due to funding cuts, leaving people with nowhere to turn for legal help
The House of Commons Justice Committee concluded in a 2021 report that the legal aid cuts had "undermined access to justice" and called for urgent reform.
Your Legal Rights in the UK
Key legal rights include:
1. Right to a Fair Trial
Under Article 6 of the European Convention on Human Rights (incorporated into UK law by the Human Rights Act 1998), you have the right to:
- A fair and public hearing
- An independent and impartial tribunal
- Presumption of innocence (in criminal cases)
- Legal representation (if you cannot afford it in criminal cases)
2. Right to Silence
You have the right to remain silent when questioned by police. However, under the Criminal Justice and Public Order Act 1994, the court can draw "adverse inferences" (negative conclusions) if you:
- Fail to mention something when questioned that you later rely on in court
- Fail to testify at trial
3. Right to Legal Representation
You have the right to a lawyer:
- When questioned by police (free duty solicitor available)
- At court hearings (legal aid available if you qualify)
- In civil cases (if you can afford it or qualify for legal aid)
4. Right to Appeal
You have the right to appeal:
- Criminal convictions and sentences (to Crown Court or Court of Appeal)
- Civil judgments (to Court of Appeal or High Court)
5. Protection from Discrimination
The Equality Act 2010 prohibits discrimination based on:
- Age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation
This applies to employment, services, education, and public functions.
The Bottom Line
The UK legal system is based on common law (judge-made precedent) and statute law (Acts of Parliament), with a hierarchical court structure from magistrates' courts to the Supreme Court. Criminal cases are prosecuted by the Crown Prosecution Service, while civil cases are brought by individuals or organisations. Legal aid has been cut by 40% since 2010, creating a crisis in access to justice for people who cannot afford legal representation. Understanding your legal rights—including the right to a fair trial, legal representation, and appeal—is essential for navigating the UK legal system, whether you are facing a criminal charge, pursuing a civil claim, or simply trying to understand how justice works in Britain.
Key takeaways
- The UK has three separate legal systems: England and Wales, Scotland, and Northern Ireland, each with distinct laws and court structures
- English law is based on common law (judge-made precedent) and statute law (Acts of Parliament), with common law dating back to the 11th century
- The court hierarchy runs from magistrates' courts and county courts at the bottom to the Supreme Court at the top, with different courts handling different types of cases
- Criminal cases are prosecuted by the Crown Prosecution Service (CPS), while civil cases are brought by individuals or organisations seeking remedies
- Legal aid funding has been cut by 40% since 2010, leaving many people unable to afford legal representation in civil cases
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