1.2 Flashcards
Law creation and administration
The passing of the criminal laws by parliament and the running of the justice system by government departments
Law enforcement
By the police
The courts
Decide the outcome of criminal cases
Punishment of convicted offenders
By the prisons and probation services
The police
- Responsible for enforcing law
- The investigate crimes, collect evidence, arrest, detain and question suspects
- Minor issues they utilise cautions, or fixed penalty notice - in other cases files are sent to CPS to determine prosecution
CPS
- Independent prosecution service for England and Wales with half a million cases a year
- CPS advise police in their investigations about lines of inquiry and what evidence is required to build a case
- It assesses the evidence the police submit to it and determine on whether to prosecute and what charge will
- It decisions are based on applying on applying the full code test to the case
- It prepares and presents the prosecution case in court
HM courts and tribunal service
Responsible for the administration of the courts and tribunals in England and Wales
The courts (7)
- When a suspect is charged, they are brought before the magistrates court
- The defendant will plead guilty or not guilty, and pre-trial such as as bail and legal aid will be decided
- Guilty pleas will lead to a sentencing hearing. Not guilty pleas lead to a trial being arranged
- There are 2 types of courts: magistrates and crown court
- The CPS and defence lawyers will present argument and avoidance for and against the defendant, evidence will be testimonial or physical or both
- Jury in crown court or magistrates will decide the verdict, if guilty the judge decides a punishment; custodial, community sentences, fine and discharges (based on relevant statute and sentencing guidelines produced by sentencing council)
- offenders may appeal against their conviction and/or sentence
Magistrates court
Deal with less serious offences (95% of cases)
Crown court
Deals with serious offences, which are triable by a judge and jury
HM prison service
Supervises offenders in custody
National probation service
Supervises offenders who are serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside prison
Which four groups do the police have relationships with
- the courts
- the CPS
- HM prison and probation services
- voluntary organisations
How do the police work with the courts
Giving evidence as a prosecution witnesses; providing protection for vulnerable witnesses; holding defendants in police cells and transporting them to and from courts
How do the police work with the CPS
Providing evidence for the prosecution of offenders; charging offenders in line with CPS instructions