this post was submitted on 22 May 2026
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Watching Law & Order, you see how prosecution works, at least on a surface level, but how is it different in the U.K.? Or is it more or less the same?

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[–] svcg@lemmy.blahaj.zone 2 points 1 day ago* (last edited 1 day ago)

The legal systems you find in the US (since some states I understand do things a bit differently) are largely based on the common law legal system of England and Wales.

Scotland and Northern Ireland are different jurisdictions. NI is a broadly similar system to EW but with its own laws, but the Scottish system is more different; they operate on Scots law, which is kind of a hybrid of common law and European style civil law.

Now, it would be hard for me to type on my phone an overview of the entire legal system of England and Wales because it - by itself - is essentially 4 legal systems in a trenchcoat that were smushed together in a car accident, but here's an overview of the big differences you'd find in the criminal system.

  1. The first thing you'd notice after you were arrested is that you don't get a lawyer; you get a solicitor. Here, there are two types of lawyers. Solicitors are the basically the people who handle everything that isn't related to arguing in court. If it comes to court, your lawyer will hire a barrister for you. Barristers (so called because they are admitted "to the bar", like US lawyers) are arguing-in-court specialists. These days some solicitors can argue in court, and some barristers can take clients directly, but this is still rare.

  2. Next a lawyer (usually a barrister) at the Crown Prosecution Service will decide whether or not you will be charged. The CPS is I guess the Law and Order equivalent of the District Attorney's office, except we don't elect a District Attorney. The head of the CPS is technically appointed by the government, but is basically appointed by a committee of lawyers and civil servants.

  3. No grand juries here. If you're charged, you go straight to trial.

  4. If the crime is low level enough (like less than £1000 fine or less than 6 months in gaol or something like that) you go to Magistrate's Court. A magistrate is basically a volunteer who isn't a lawyer, but they will have a lawyer whispering in their ear. There will be three of them and there won't be a jury. The idea behind this is that the magistrates are trusted members of the community (and they do get an amount of training), so it's kind of like you have a permanent mini-jury on hand, but many lawyers don't like the system.

  5. For a more serious crime, you end up in Crown Court. Crown Court will usually have a judge and jury. If the crime is extremely national security sensitive, and they can convince the judge that this is the case, then the judge may decide that you don't get a jury. On the other hand, in most cases, you can decide that you don't want a jury. None of our judges are elected; they are appointed by another committee and they are almost all former barristers.

  6. After that the system looks broadly similar, except for the fact that everyone is wearing robes and horse hair wigs. Next up is the Court of Appeal of England and Wales where there will be a few senior judges. They decide matters of law but do not second guess facts decided by jury. And then after that is the United Kingdom Supreme Court (for we all share one).