Citizens in the Legal System
Citizens as Active Participants in the Legal System
The UK’s legal system does not function through paid professionals alone. Ordinary citizens play essential roles in delivering justice — from serving on juries to sitting as magistrates, from volunteering as special constables to standing as police and crime commissioners. Understanding these roles shows how the legal system is, in part, a civic institution that depends on public participation.
The Role of the Juror
A juror is a citizen selected at random from the electoral register to serve on a jury in a Crown Court trial. Jury service is a legal obligation — most adults on the electoral register between the ages of 18 and 75 are eligible to be called and must attend unless they have a valid reason to be excused. The jury of twelve hears evidence presented by both the prosecution and the defence, and then deliberates in private to reach a verdict of guilty or not guilty.
The jury system is a cornerstone of the English legal tradition. Supporters argue it reflects the principle that a defendant should be judged by peers from their own community rather than solely by legal professionals, and that it brings common sense and public values into the courtroom. Critics argue that jurors may be swayed by emotion, lack the legal expertise to evaluate complex evidence, and that trials by jury are lengthy and expensive. Jury trials are used only for the most serious criminal offences in the Crown Court; the majority of criminal cases are decided by magistrates.
Supporters argue: The jury embodies the principle that justice belongs to the community, not just the state. Having twelve citizens deliberate independently reduces the risk of arbitrary or biased decisions by a single judge. Historically, juries have acquitted defendants when public opinion judged the law itself to be unjust. In high-profile cases, a jury verdict carries a democratic legitimacy that a professional judge’s ruling alone may not.
Critics argue: Jurors have no legal training and may struggle to understand complex financial or scientific evidence. Cases can be influenced by media coverage or jurors’ unconscious biases. Jury trials are significantly more expensive and time-consuming than magistrates’ court proceedings, adding to court backlogs. Some argue that for many serious cases, a single experienced judge or a panel of judges would produce more consistent verdicts.
The Role of Witnesses
A witness may be called to give evidence in both criminal and civil cases. Witnesses are required to tell the truth — giving false testimony is the criminal offence of perjury. Victims of crime also play a role as witnesses for the prosecution; their witness statements and, in many cases, their live testimony form part of the evidence the jury or magistrates consider. Witness support services exist to help vulnerable witnesses, including children and victims of serious offences, to give evidence in less intimidating ways (for example, via video link or behind a screen).
Magistrates
A magistrate (also known as a Justice of the Peace, or JP) is a volunteer citizen who sits on the magistrates’ court bench. Unlike professional judges, magistrates are not legally trained: they are advised on points of law by a legally qualified court adviser (formerly called a clerk). Magistrates typically sit in panels of three and hear approximately 95% of all criminal cases in England and Wales — mainly less serious offences such as motoring offences, minor theft, low-level assault and public order offences.
To become a magistrate, a person applies through a local Advisory Committee on Justices of the Peace and is assessed for qualities including good character, social awareness, sound judgement and the ability to see things from another’s perspective. Magistrates commit to sitting for a minimum of 26 half-days per year. There is a drive to recruit magistrates who reflect the diversity of the communities they serve. Magistrates can impose fines, community orders and short custodial sentences; for more serious cases, they can commit defendants to the Crown Court for sentencing.
Magistrates (Justices of the Peace) are unpaid volunteers who hear approximately 95% of all criminal cases in England and Wales. They are advised by a legally qualified court adviser and typically sit in panels of three.
Special Constables
A special constable is a volunteer who carries out policing duties alongside regular officers. Special constables have the same powers of arrest, search and detention as a regular police constable. They undergo training before deployment and commit to a minimum number of hours of duty each month. Special constables contribute to visible policing, community engagement and operational support, particularly during major events or periods of high demand.
Police and Crime Commissioners
A Police and Crime Commissioner (PCC) is directly elected by voters in each police force area in England and Wales. PCCs set the local police and crime plan, determine the police budget, appoint or dismiss the chief constable and are accountable to the public through elections. The PCC role was created in 2012 to make local policing more directly accountable to the communities it serves. PCCs are not operational police officers; they hold the force to account rather than directing day-to-day policing.
Members of Tribunal Hearings
Tribunals are specialist judicial bodies that deal with disputes outside the ordinary court system. A tribunal typically consists of a legally qualified judge and two lay members (citizens with expertise in the relevant field, not legal professionals). Employment tribunals hear claims about unfair dismissal, discrimination and equal pay. Immigration tribunals hear appeals against asylum and visa decisions. Lay members bring practical knowledge of the relevant sector to supplement the judge’s legal expertise.
How Citizens Can Bring About Legal Change
Citizens are not passive subjects of the law — they can actively work to change it. Forms of democratic and citizenship action include joining an interest group or pressure group that campaigns for legal reform, signing or organising petitions, contacting MPs or local councillors, lobbying government departments, joining or organising peaceful demonstrations, using the media to publicise an injustice, and bringing a legal challenge (such as a judicial review) if a public authority has acted unlawfully.
Historical examples of citizens successfully campaigning for legal change include the Hillsborough families (campaigning for a new inquest and changes to police accountability law), and Stephen Lawrence’s family (whose campaign led to the Macpherson Report and changes to the Race Relations Act).
Pressure groups, charities and trade unions all play roles in campaigning for legal change on behalf of their members or the communities they represent. Pressure groups such as Liberty (civil liberties) or Amnesty International focus sustained public and political pressure on specific legal issues. Trade unions have historically campaigned for employment law reform, winning protections including the national minimum wage, health and safety regulations, and equal pay legislation. Charities working in areas such as disability rights or children’s welfare often use legal challenges, published research and parliamentary lobbying to argue for law reform. These organisations provide ordinary citizens with collective voice that would be difficult to achieve individually.