1.2- Describe the organisation of the criminal justice system in England and Wales

Question 1

Describe the criminal justice procedure

Answer 1

1. law creation: laws created by parliament/judiciary
2. police enforce law by investigating crime, they arrest, detain and interview suspects
3. CPS advise police on appropriate charge and decides if case worth prosecuting
4. suspect brought before court
5. defendant released on bail/remanded into custody
6. if plea guilty person sentenced but if plea not guilty, a trial held in front of magistrates or judge and jury
7. formal punishment given by judge with guidelines given by sentencing council, if convicted
8. prison service oversees wellfare of prisoner and enforces punishment
9. when released prisoner usually on license and supervised by probation service

Question 2

What agencies work together in the process of law creation?

Answer 2

• parliament and judges make the laws which deal with crime
• parliament passes acts
• judges create law through precedents and statutory interpretation
• the Ministry of Justice and Home Office administer the CJS

Question 3

1. What is the role of the police?
2. What relationships do the police have with other agencies in the CJS?

Answer 3

1. enforce the law, investigate crimes, gather evidence, arrest suspects, maintain public order
2. work with:
   - CPS, as police provide evidence for prosecution and charge suspects in line with CPS instructions
   - Courts as police give evidence in court, protect vulnerable witnesses and hold defendants in police cells before they go to court
   - HM prison and probation services as police arrest those who have been released on license but have broken conditions. Police also cooperate with these agencies to manage list of child sex offenders after intro of Sarah’s law
   - charity organisations/campaigns for change as police refer victims/witnesses to victim support etc, and police manage list of child sex offenders to keep in line with Sarah’s law.

Question 4

1. What is the role of the CPS?
2. What relationships does the CPS have with other agencies in the CJS?

Answer 4

1. review evidence from police and decide whether to prosecute using the Full Code Test (whether there is enough evidence for a realistic prospect of conviction and whether prosecution is in public interest). Also decide what charges should be made and prepares and presents the prosecution case in court.
2. CPS work with
   - the police as there is a 24 hour helpline for the police to communicate with CPS. CPS give police advice on what evidence needed and what charges should be made against suspect
   - courts as CPS prepares and presents prosecution cases in court. CPS also appeals unduly lenient cases which may mean a retrial is held in court if appeal successful

Question 5

1. What are the roles of the HM Courts and Tribunals service?
2. What relationships do the HM Courts and Tribunals service have with other agencies in CJS?

Answer 5

1. responsible for determining guilt/innocence of defendants and imposing sentences
   - Magistrates court handles summary offences and some triable either way offences
   - Crown court deals with indictable crimes and some triable either way cases with judge and jury
   2.
   - courts contribute to law creation by judicial precedent and stat interpretation
   - courts work with police to ensure safe delivery of defendants to court and police may be witnesses in court case
   - courts work with HM prison service as prisons hold defendants in court cells pending court hearing and return to prison. They also work together to provide video links if prisoner not to attend court for hearing

Question 6

1. What roles does the HM prisons and probation service have?
2. What relationships does the HM prison and probation service have with other agencies in the CJS?

Answer 6

1. • prisons hold offenders in custody when given guilty sentence in court or are awaiting trial
   • prisons provide secure place for offenders to serve their sentence.
   • probation service monitors offenders when released and ensure offenders keep to terms of license e.g. curfew
2. • probation service work with COURTS by updating them on any breaches of licenses or bad behaviour and write reports.
   • work with courts as prison service keep court updated on behaviour
   • prison officers transport prisoner to and from courts for trials/hearings
   • work with POLICE as probation service informs them if offender goes absent without authorisation and needs to be brought in by police
   • probation often need enforcement help from police to ensure offender sticks to license terms
   • probation officers help manage offenders by reminding them of court dates/police interviews/questioning etc

Question 7

What roles do the Ministry of Justice have?

What relationships does the Ministry of Justice have to other agencies in the CJS?

Answer 7

oversees work of HM courts and Tribunals service, probation services and prison systems

Question 8

What roles does the Home Office have?

Answer 8

• national security, policing and immigration
• oversees law enforcement agencies and crime prevention strategies.

Question 9

What roles do campaigns for change have and what relationships do they have with other agencies in the CJS?

Answer 9

• liaise with various agencies for support to enable change to be effective. Examples include Sarah’s law, UNLOCK etc
• Sarah’s law worked with police on child sex offender disclosure scheme
• The Prison Reform Trust works with prisons and other agencies to improve the penal system.

Question 10

What roles does the Sentencing Council have and what relationship does it have with other agencies in the CJS?

Answer 10

• responsible for providing courts with current guidelines on the sentence tariffs for every offence. They also try to help members of public understand more about sentencing
• work with courts and judges as judges sit in court and are guided by sentencing guidelines from sentencing council. This ensures fairness and consistency across courts.
• Work with CPS and defendant as judges can give a sentence indication with guidance from sentencing council, so both sides can decide if guilty plea best option. Judges can hold Goodyear hearing so D can know what their likely sentence would be if they plead guilty, to save families and victims from heartache of trial BUT remain controversial.