1.2: organisations in CJS(roles) Flashcards

1
Q

who does the home office oversee

A

the police service
aka law enforcement

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2
Q

who does the ministry of justice oversee

A

-national probation service
-HM courts and tribunals
-HM prison service

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3
Q

who does the attorney generals office oversee

A

the crown prosecution service(CPS)

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4
Q

what is the home office

A

-repsonsible for crime prevention, public safety and security
-this is run by the home secretary who is Yuette Cooper

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5
Q

what are the home offices priorities and how it is funded

A

key priorities:
-cut crime
-protect vulnerable people
-reduce terrorism
-control migration
it was allocated £15.7 billion in 2023/24 from government taxation

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6
Q

what is the police service

A

-acts as the first point of contact
-opperates within 43 constabularies across the country
-specialist units such as drug squad designed to address complex issues
must follow strict legal protocols to protect individual rights such as PACE and the humans rights act

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7
Q

what are the responsibilities of the police service

A

-protecting life and property: by responding to 99 calls
-crime prevention: visual patrols to deter crime
-investigating crimes: secure and examine a crime scene
-apprehend offenders: power to arrest
-maintain public order
-supporting witnesses and victims

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8
Q

what is the attoney generals office

A

-provides legal advice to the UK government
-oversee application of the rule of law ensuring the government comply to legal standards
-run the the attoney general who is Loud Richard Hermer

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9
Q

what are the general attoneys office priorities and how it is funded

A

priorities:
-uphold the law
-provide high quality advice
-ensure justice is served fairly and consistently
-in 2023/24 they recieved £72.2 million
-small team of about 40 civil servants

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10
Q

what is the CPS

A

-main role to ensure justice is served by prosecuting offendes
-under the prosecution of offenders act (1985) they advice the police on cases that may warrant a prosecution
-uner the criminal justice act (2003) they determine charges for “all but minor cases”, where police decide minor cases

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11
Q

what is the CPS (additional info)

A

-operates across 14 geographical areas
-specalisist divisons such as the CPS direct, which provide 24/7 charging advice to the police
-decided prosecution decisions using the full code test
-the evidental stage is based on sufficent evidence and the public interest stage
-run initatives like the victims right to review scheme

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12
Q

what is the ministry of justice

A

-responsible for upholding the law, ensuring justice and maintaining effective of the CJS
-run by the secretary of state for justice who is Shabana Mahmood

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13
Q

what are the ministry of justices priorities and how it is funded

A

priorities:
-protect and advance principles of justice
-deliver a world class justice system
-work with other departments
-ensure sentences are served and offenders are encouraged to turn their lives around
in 2023/24 this recieved the budget of £22.5 billion

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14
Q

what are HM courts and tribunals

A

-ensure cases are heard efficiently and fairly
-the type court depends on the type of offence

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15
Q

what are the types of offences

A

summary offences:
-minor offences such as speeding which is dealt with in a magistrate court
either way offences:
-can be tried in either magistrates or crown court depending on the severity such as theft
indictable offences:
-for the most serious crimes and are always tried in crown courts with a preliminary hearing in a magistrates court, examples are murder

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16
Q

what is a magistrate court

A
  • the court of first instances and conducts first hearings like bails and warrents
    -handles 95% of criminal cases
    -offences are summary or either way
    -magistrates are volunteer laypersons who hear cases in panels of 3 (bench)
    -a legally trained district judge also presided over cases
    -impose max custodial sentence of 12 months
17
Q

what is a crown court

A

-established in 1971 under the courts act
handles serious either way and indictable offences
-if defendant pleads not guilty a jury of 12 people are needed to determine the verdict, and the judge decided the sentences
-if the defendant pleads guilty then it goes straight to the judge deciding the sentence

18
Q

what is a youth court

A

-specialised division of the magisrate court which deals with offenders aged between 10-17
-however serious crimes although start in a youth court are transfered to a crown court
-proceedings are not open to the public to protect their identities
-the court is tailored to be more sensitive such as referring to the defedant by their first name
-priorities rehabilitation over punishment

19
Q

what is the court of appeal

A

-hears and reviews appeals from lower courts to ensure justice and consistency
-the criminal division handles appeals from the crown court
-the civil division handles appeals from the high court
-this isnt conducting a new trial it is reviewing whether the original trial was conducted fairly

20
Q

what are the personnel in the courts

A

-magistrates: volunteer lay people
-district judge: provide legal expertise in decisions
-crown court judge: act as a referee
-jury: 12 people who decide the verdict
-prosecution legal team: present a case against the defendant
-defence legal team: represent the defendant and challenge evidence

21
Q

what is a sentence

A
  • a penalty or punishment imposed by the court on a defendant who has been found guilt
    -must reflect the crime severity and circumstances surrounding it
    the sentencing council provide guidelines to promte consistency and transparency
22
Q

what is a custodial sentence

A

-involves the offender being sent to prison
-this is for serious crimes and if the offender has a repeated history

23
Q

what is a community sentence

A

-a non custodial sentence
-offender is required to perform unpaid work or comply with other conditions
-designed to punish and rehabilitate, as offender remains in the community

24
Q

what is a financial penalty

A

-fines and compensation orders
-based on the severity and the offenders ability to pay

25
what is a suspended sentence
-a custodial sentence is imposed but not immediately served -offenders have the chance to stay out of prison by compling with certain conditions -absolute discharge is where there is no penalty at all as crime is so minor -conditional discharge is where offender is released but must not commit futher crime