1.2. Describe the organisation of the criminal justice system in England and Wales. Flashcards
What systems is the CJS in England and Wales divided into?
- 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 (including prosecution and defence).
- Punishment of convicted offenders - by the prisons and probation service.
Agencies of the CJS: 1. Law creation
Parliament and judges make the laws dealing with crime.
- Parliament passes acts.
- Judges create law by setting judicial precedents that other courts then must follow, and by interpreting the meaning of statuses (statutory interpretation).
Administration of the system: two government departments oversee most of the justice system and are responsible for its smooth running - the Ministry of Justice, and the Home Office.
Agencies of CJS: 2. The police.
- Police are responsible for enforcing the criminal law. They investigate crimes, collect evidence, and arrest, detain and question suspects.
- In minor cases, police issue caution/fixed penalty notice, but in all other cases, they send the files to CPS to decide whether to prosecute.
- There are 43 regional police forces in England and Wales.
Agencies of CJS: 3. The CPS.
Is an independent prosecution service for England and Wales dealing with 1/2 million cases a year.
- The CPS advises the police in their investigations about lines of inquiry and what evidence is required to build a case.
- Assesses the evidence the police submit to it and decides whether to prosecute and what the charge will be.
- Its decisions are based on applying the Full Code Test to the case.
- Prepares and presents the prosecution case in court.
Agencies in the CJS: 4. HM Courts and Tribunals Service.
HM Courts and Tribunals Service is responsible for the administration of the courts and tribunals in England and Wales.
Agencies in the CJS: 5. The courts.
- Once suspect is charged, they’re brought before magistrates’ court. Defendant will plead guilty/not guilty and pre-trial issues will be decided.
- Guilty pleas will lead to a sentencing hearing. Not guilty please will lead to trial being arranged.
- Magistrates’ courts deal with less serious offences.
- The Crown court deals with serious offences, which are triable by judge/jury.
- The CPS (prosecution) and defence lawyers will present arguments and evidence for and against defendant. Evidence will be testimonial, physical or both.
- The jury or magistrates will decide the verdict. If guilty, the judge/magistrates will decide the punishment. Could be a custodial or community service, a fine or a discharge. Offenders may appeal against their conviction or sentence.
Agencies of the CJS: 6. HM Prison and Probation Service.
Carries out the sentences given to offenders by the courts.
- HM Prison Service supervises offenders in custody.
- The National Probation Service supervises offenders who are serving their life sentences in the community, including prisoners released on license to serve part of their sentence outside prison.
- As well as supervising management and punishment of offenders, the prison and probation services seek to rehabilitate offenders so that they can lead a crime-free life.
Relationships between justice agencies: 1. The police.
- the courts: giving evidence as prosecution witnesses; providing protection for vulnerable witnesses; holding defendants in police cells and transporting them to and from court.
- the CPS: providing evidence for the prosecution of offenders; charging offenders in line with CPS instructions.
- HM Prison and Probation Service: police will arrest prisoners who have been recalled to prison for breaching terms of their licence. As result of Sarah’s law, the police also co-operate with the prison and probation services in managing the list of child sex offenders living in their area.
- Voluntary organisation: e.g. referring to victims and witnesses of crime to Victim Support, women’s refuges, the Witness Service etc.
Relationships between the justice agencies: 2. The CPS.
- the police: advising on possible lines of enquiry and evidence collection to build a case; instructing them on charging suspects.
- the courts: preparing and presenting the prosecution case against offenders; preparing appeals against unduly lenient sentences.
Relationships between the justice agencies: 3. Government departments.
- the courts, prison service and probation service: through HM Courts and Tribunals Service and HM Prison and Probation Service. The Ministry of Justice is the department responsible.
- the police: where the Home Office is the department responsible e.g. for setting national policing priorities.
- Government departments provide funding for these parts of the justice system. The funds come out of general taxation.
Relationships between the justice agencies: 4. HM Courts and Tribunals Service.
- courts and judges: supervising the efficient running of the courts system; funding the individual courts.
- HM Prison Service: holding prisoners attending court, pending their transfer/return to prison; arranging videos recording and live links for prisoners giving evidence from prison.
Relationships between the justice agencies: 5. The National Probation Service.
- HM Prison Service and the Parole Board: supervising prisoners who are released on licence.
- the courts: preparing pre-sentencing reports on offenders; supervising offenders who have been given a community sentence by the court; supervising drug testing under the court’s orders.
Relationships between the justice agencies: 6. HM Prison Service.
- the courts: carrying out custodial sentences the court has imposed on offenders; supervising defendants who have been remanded into custody by the court; facilitating visits from defence lawyers to their clients in prison.
- the police: facilitating interviews with prisoners involved in ongoing police investigations.
- the National Probation Service: liaising when a prisoner is to be released from prison of licence.
Other parts of the justice system include:
- voluntary organisations e.g. Victim Support is a charity that liaises with the police, courts and CPS to support victims throughout the stages of an investigation and trial.
- campaigns: to change to justice system.
