03. Criminal Justice System

Question 1

Key agencies involved?

Answer 1

The police service
The crown prosecution service (cps)
The National Offender Management Service (noms)
The courts

Question 2

The Police Service Role?

Answer 2

The purpose of the Police Service is to uphold the law fairly, firmly and with integrity by:

1. Preventing crime
2. Pursuing and bringing to justice those who break the law
3. Keeping the queens peace
4. Protecting, assisting and reassuring the community.

Question 3

Role of a police constable?

Answer 3

A police constable, referred to in legal terms as a constable is required to:

1. Protect life and property.
2. Preserve order.
3. Prevent the commission of offences and …
4. Where an offence has been committed, to take measures to bring the offender to justice.

Question 4

The role of the cps?

Answer 4

The role of the cps is to prosecute criminal cases, in partnership with the police and other investigators, advise on potential lines of inquiry.

The cps also determines appropriate charges or other outcomes, in accordance with the Code for Crown Prosecutors.

Question 5

The role of NOMS?

Answer 5

Commission and provide cost effective offender services in the community and in custody in England and Wales.

Protect the public and reduce reoffending by delivering the punishment and orders of the courts and supporting rehabilitation by helping offenders to change their lives.

Keep the public safe by ensuring that offenders securely undertake the punishment of the courts.

Question 6

What is the Adversarial system of justice?

Answer 6

• Prosecution vs defence
• Burden on the prosecution
• Criminal cases: beyond reasonable doubt.
• Civil Cases: Balance of probabilities.
• Accused represented, or defend themselves.
• Prosecution driven by the CPS.
• Solicitors.
• Barristers
• Evidence in chief then cross contamination.
• Prosecution witnesses then defence.

Question 7

What are the types of court?

Answer 7

• county court
• coroners court
• youth court
• magistrates court
• crown court
• high court
• court of appeal
• UK Supreme Court

Question 8

What is youth court?

Answer 8

• part of the magistrates court
• deals with juveniles (10 years of age to 17)
• Presided over by 3 magistrates (worships)
• A juvenile has no right to elect to be tried at crown court, but there are circumstances when they will be dealt with at crown court.
• DTOs (Detention and Training Orders) can be placed on young offenders aged 12 – 17 if they plead or are found guilty.
• Custodial sentences issued by the Youth Court can range from 4 months to 2 years. These are served in a Young Offenders’ Institution (rates of youth custodial sentences are very low).

Question 9

What is magistrates court?

Answer 9

First port of call for every offence charged or summonsed.

Presided over by 3 magistrates (your worships)

Unpaid, not legally qualified and appointed for life

Sentencing powers are limited.

Question 10

Procedure at magistrates court?

Answer 10

When a person appears for the first time, the court may either deal with case or adjourn it.

If the case is adjourned, the court may remand the accused either in custody or bail.

There is a statutory right to bail under sec 4 the Bail Act 1976, with the exemption of some of the most serious offences or that the accused is already on bail.

Question 11

What are the outcomes at magistrates court?

Answer 11

Accused pleads guilty
Accused pleads not guilty
No plea entered
Right of election

Question 12

What is crown court?

Answer 12

Has jurisdiction to hear cases tried on indictment

It also deals with people committed for sentences from magistrates court

It also hears appeals from the lower courts including youth court

Presided over by a circuit judge or sometimes a part time judge known as recorders

Question 13

Classification of offences…

Answer 13

Summary only: Magistrates court
Most motoring offences, drunk and disorderly etc

Either way (indictable): Either magistrates or crown court
Sexual assault, witness intimidation 

Indictable only: crown court
Rape, murder, drug trafficking

Question 14

What are the types of evidence?

Answer 14

Oral
Real
Documentary

Question 15

What are aggravating factors?

Answer 15

Aggravating Factors – circumstances that make a crime more serious

Question 16

What are mitigating factors?

Answer 16

Mitigating Factors – circumstances that may reduce a sentence

Question 17

What does NGAP mean?

Answer 17

NGAP – Not Guilty Anticipated Plea

Question 18

What does GAP mean?

Answer 18

GAP – Guilty Anticipated Plea

Question 19

What are the possible court outcomes?

Answer 19

• Effective trial - Successful trial which has resulted in a ‘guilty’ or a ‘not guilty’ verdict.
• Cracked trial (on the trial date) - defendant offers acceptable pleas or the prosecution offers no evidence. A cracked trial requires no further trial time, but as a consequence the time allocated has been wasted, and witnesses have been unnecessarily inconvenienced thus impacting confidence in the system.
• Ineffective trial (on the trial date) - the trial does not go ahead due to action or inaction by one or more of the prosecution, the defence or the court. A further listing for trial is required.
• Vacated trial - A vacated trial is a trial that has been given a date for trial, and is taken out of the list before the date of trial. Prior to the date set for trial, the Prosecution, the Defence or the Court makes an application to vacate the trial. The application is accepted and approved on behalf of the court (Bench/Judge) and the trial is taken out of the list.