1.2 Flashcards
Describe the role of the police
The police are responsible for enforcing the law. They investigate crimes, collect evidence, arrest detain and question suspects. They can issue cautions but in most cases they will send the files to the CPS to decide whether to prosecute.
Describe the role of the CPS
The CPS is an independent prosecution service for England and Wales dealing with about half a million cases per year. They can advice the police in their investigations about evidence needed for a prosecution. They assess evidence submitted by the police, deciding whether to prosecute. To do this they use the Full Code Test (evidential and public interest test). It prepares and presents the prosecution case in court.
Describe the role of the HM courts and tribunal service
HM Courts and Tribunal Service is responsible for the administration of the courts and tribunals in England and Wales. A suspect is bought before the magistrates where pretrial issues such as bail and funding are dealt with. The defendant will make a plea at magistrates (for less serious offences) or the Crown court (for more serious cases). Guilty pleas lead to a sentence hearing, not guilty pleas lead to a trial being arranged. The magistrates’ judges will decide the verdict at the magistrate’s court and a jury in the Crown court. The magistrate or judge will decide the sentence (prison, fine, community sentence or discharge) using the relevant statute or the Sentencing Guidelines.
Describe the role of the Probation service
The probation service supervises offenders who are serving their sentence in the community. It includes prisoners who have been released on license to serve part of their sentence outside of prison.
Describe the role of Prisons
The prison service supervises offenders in custody. This can include rehabilitation programmes.
Describe the relationship between the police the and other agencies
Courts
Police are expected to give evidence as prosecution witnesses
Provide protection for vulnerable witnesses/victims
Hold defendants in police cells transporting them to and from courts
CPS
Provide evidence for the prosecution of offenders
Seek advice on evidence needed in order to prosecute
Charge offenders in line with CPS instructions
Prison
Police will arrest prisons who have been recalled to prison for breaching terms of their licence.
Police must also manage the list of child sex offenders in the area and must liaise with the prison service to do this.
Describe the relationship between the CPS the and other agencies
Police
Advise on possible lines of enquiry and evidence collection to build a case at the early stages of an investigation.
Instruct them on the charging of suspects.
Review cases submitted by the police for potential prosecution.
The CPS may be contacted by the police 24 hours a day by using CPS Direct.
Courts
Preparing and presenting the prosecution case against offenders in the magistrates or crown court.
In each case submitted they will consider whether there is sufficient evidence and whether it is in the public interest for a trial in court.
Preparing appeals including unduly lenient sentences in the High Court, Court of Appeal or the Supreme Court
Describe the relationship between the HM courts and tribunal service the and other agencies
Police
Liaison with the police to ensure safe delivery of prisoners to court
Courts and judges
Supervising the efficient running of the courts system.
Funding for the individual courts
HM Prison Service
Holding prisoners attending court
Arrange transfer/return of offenders returning to prison
Arrange video recordings and live links for prisoners giving evidence from prison
Courts
Preparing and presenting the prosecution case against offenders
Preparing appeals against unduly lenient sentences
Describe the relationship between the HM prison service the and other agencies
Courts
Carrying out custodial sentences that the court has imposed on offenders. The judge sets the length, type and whether it is concurrent or consecutive.
Supervising defendants who been remanded on custody. They must liaise with each other to ensure the defendant appears before the court.
Facilitating visits from defence lawyers to their clients in prison
Police
Facilitating interviews with prisoners in ongoing police investigations
Prisoners are locally in police station when arrested. They will be transported to prison if placed on remand.
Police arrest a prisoner recalled whilst on probation and transport them to the prison.
National Probation Service
Liaison and preparation between the two when prisoners are released.
Oversee prisoner once release on license or parole.
Liaison between the two should there be any issues and recall to prison is appropriate.
Describe the relationship between the national probation service the and other agencies
National Probation Service
Police
Police may be called upon to assist if a person on probation reoffends.
Police will arrest an offender released from prison who breaches the terms of their release and is recalled (based on discussions with probation).
Probation services and other agencies such as the police attend MAPPA (Multiagency public protection arrangements) meetings to assess and report on an offender’s risk to the public
HM Prison Service
There will be overseeing with all of the prisoners who have served a sentence of up to two years, and released on licence, for a minimum of 12 months.
Courts
Attend court and provide advice about any breaches of license or parole
Preparing pre-sentencing reports on offenders at either the magistrates or crown court. To decide an appropriate sentence
Supervising offenders who have been given community sentence by the court
Supervising drug testing under court orders
They may be called upon to prepare a report for the court, especially if the court is considering imposing a probation order.
The judge or magistrate could order such a probation report.
