1.2 Organisation of the Criminal Justice System in England and Wales

Question 1

What is ..

Law Creation and Administration

Answer 1

Passing of Criminal Law by parliament and running of the justice system by Government Departments

Question 2

What is ..

Law Enforcement

Answer 2

Is facilitated by the Police for punishment of convicted offenders, by the prisons and probation service

Question 3

What is..

Law creation

Answer 3

• Parliament - passes acts
• Judges - set judicial precedents and interpret staute meanings
• System administrations - the two government departments that oversee most of the justice system, and are responsible for its running
  ~~~
• The ministry of Justice
• The Home Office
  ~~~

Question 4

Role in Law Creation

Police

Answer 4

• Responsible for enforcing criminal law
• Investigate crimes, collect evidence, arrest, detain and question suspects
• Send evidence gatyhered to the CPS in order decide whether to prosecute
• Responsible for issuing cautions or fixed penalty notices for minor crimes

Question 5

Role in Law Creation

Crown Prosecution Service

Answer 5

• An independant prosecution service for England and Wales, dealing with over 500,000 cases a year
• The CPS advises police in their investigations regarding lines of inquiry and information needed to build a case
• It assesses the evidence submitted by police and decides whether prosecution is viable and the charges
• Decisions made by applying the full code test
• Prepares and presents the prosecution in court

Question 6

Role in Law Creation

HM Courts and Tribunals

Answer 6

• Responsible for court administration in England and Wales
• Magistrates court - less serious (95% of cases)
• Once a suspect is charges and brought before the magistrates court, they will plead, and pre-trial issues such as bail and legal aid will be sorted
• Guilty pleas lead to a sentencing hearing
• Not guilty pleas lead to further trials
• Crown court - serious offences (triable by judge and jury)
• The CPS (prosecution) adn defence will present arguments and evidence in court (testimonial/physical), in regard to trial
• The jury presents their verdict
• The judge or magistrates then decide punishment (custodial/community sentence/fine/discharge) based on Statute and Sentencing Guidelenines provided by the sentencing council

Question 7

Role in Law Creation

HM Prison and Probation Service

Answer 7

• Carries out sentences given to offenders by the courts
• Attempt to rehabilitate prisoners to lead a crime free life
• HM Prison Service - responsible for criminals in custody
• National Probation Service - responsivble for offenders serving community sentences, including those released on licence (serving outside of prison)

Question 8

Inter-Agency relationships

Police - have relationships with

Answer 8

• The Police
  Giving evidence as a prosecution witness
  Providing protection for vulnerable witnesses
  Holding defendants in police cells
  Transporting defendants to and from court
• The CPS
  Providing evidence to prosecute offenders
  Charging offenders via CPS instruction
• HM Prison and Probation
  Arrest Prisoners whom have breached the terms of their licence
  Cooperate to manage the list of Child Sex Offenders living in the area (Sarah’s law)
• Voluntary Organisations
  Reffering victims to Victim Support, The Witness Service, Womans Refuges .etc

Question 9

Inter-Agency relationships

The CPS - have relationships with

Answer 9

• The Police
  Advising on possible lines of inquiry
  Collevcting evidence in orde to build a case
  Instruct on charging suspects
• The Courts
  Preparing and presenting the prosecution gainst offenders
  Prepares appeals against unduly lenient sentences

Question 10

Inter-Agency relationships

Government Departments - have relationships with

Answer 10

• The Courts
  The Ministry of Justice is responsible for funding (comes out of taxes) and ensures the department upholds standards and conducts itself effectively
• HM Prison and Probation
  The Ministry of Justice is responsible for funding (comes out of taxes) and ensuring the department upholds standards and conducts itself effectively
• The Police
  The Home Office is responsible for funding, (comes out of taxes) and ensuring the department upholds standards, setting national policing priorities (e.g knife crime/fraud), and conducts itself effectively

Question 11

Inter-Agency relationships

HM Courts and Tribunals - have relationships with

Answer 11

• Courts and Judges
  Supervising the efficient running of the courts system
  Funding the individual courts
• HM Prison Service
  Holding offenders whilst/ until they attend court
  Arrange video recording/links which allow prisoners to give evidence from prison instead of attending their court date in person

Question 12

Inter-Agency relationships

National Probation service - have relationships with

Answer 12

• HM Prison Service and The Parole Board
  Supervising prisoners released on licence
• The Courts
  Preparing pre-sentencing reports on offenders
  Supervising offenders who have been given a community sentence
  Supervising drug testing by the court

Question 13

Inter-Agency relationships

HM Prison Service - have relationships with

Answer 13

• The Courts
  Carry out custodial sentences that the court imposes
  Supervise defendants whom have been refused bail (remanded in custody) by the courts
  Facilitating visits from defence lawyers with their clients
• The Police
  Facilitating interviews between prisoners involved in police investigations
• The National Probation service
  Liasing with aother services in regard to a prisoner, if they are to be released on licence
• Voluntary organisations
  Victim support - liases with police, court and the CPS to support victims through the investigation and trial
  NACRO
  Women in Prison
  Womens aid
• Campaigns
  Campaigns to change the Justice system all have relations with eachother
  Howard League for Political Reform
  Prison Reform Trust
  Inquest