Pathways to justice
The justice system deals with different types of legal problems in different ways, providing clear pathways to enable people to find the best solution for a particular legal problem.
The principles of justice apply across all courts, with independent judges ensuring fairness and equal opportunities for both sides to put their case. Sometimes it is not necessary to go to court to get justice – court should be the last resort in non-criminal cases. Out of court options such as arbitration or mediation can be better particularly where there is a dispute between family members or when someone is having trouble paying their bills. In these circumstances an agreement reached out of court can provide a better solution than a court order.
Criminal justice protects the public by punishing offenders and reducing crime. All parts of the criminal justice system – the police, prosecutors, courts, prisons, probation services and other partners – work together to keep our communities safe. The victims of crime play a key role in bringing offenders to justice by reporting crimes, giving evidence in court and telling the judge about the impact of a crime on them and their families. We support victims and other witnesses to make sure they are well informed about what happens from the moment they report a crime, through the court process and at the end of an offender’s sentence, so that they feel safe knowing that justice is on their side.
Civil justice focuses on resolving disputes between individuals, between companies and between companies and their customers. Instead of punishment, the aim is to achieve fairness and provide compensation if someone has behaved unfairly. Businesses rely on the civil courts to enforce contracts and the rules which ensure fair trade. Agreements between landlords and tenants and consumer credit agreements make up a large share of civil court cases. If someone gets into debt, the company or person owed the money can go to court to enforce payment. However, the judge will also check that they have behaved fairly to give the debtor an opportunity to pay in stages, particularly where a family home is at risk of repossession.
Family breakdown is one of the most common reasons for people to use the justice system. Divorce and civil partnership dissolution are legal processes which are dealt with by specialist judges, but there is usually no need for a couple to attend court. If they can’t decide on the fairest way to share their finances, mediation can help them come to an agreement which may be better than asking a judge to decide. Couples who live together without getting married or forming a civil partnership have little protection if the relationship breaks down, so it can be very difficult to work out the legal issues if things go wrong.
Victims of domestic violence can get help from both the criminal and civil justice systems. Domestic violence is a crime so police and prosecutors are working together to bring offenders to court. At the same time, victims can ask for court orders, such as injunctions, to help keep them and their children safe.
Most disagreements about children are resolved outside court. Where parents disagree over the best way to bring up their children after separation, for example, family mediation can help them come to an agreement which suits their family. If a child is at risk of being harmed, a specialist judge will decide how to protect the child. In any case involving a child, the child’s best interests come first.
To ensure that everyone can access justice, free legal advice and assistance is available for the least well-off through legal aid. Community legal advice centres can also help untangle and resolve complex legal problems to help people in difficulties get their lives back on track.
