1.2: organisations in CJS(roles) Flashcards
who does the home office oversee
the police service
aka law enforcement
who does the ministry of justice oversee
-national probation service
-HM courts and tribunals
-HM prison service
who does the attorney generals office oversee
the crown prosecution service(CPS)
what is the home office
-repsonsible for crime prevention, public safety and security
-this is run by the home secretary who is Yuette Cooper
what are the home offices priorities and how it is funded
key priorities:
-cut crime
-protect vulnerable people
-reduce terrorism
-control migration
it was allocated £15.7 billion in 2023/24 from government taxation
what is the police service
-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
what are the responsibilities of the police service
-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
what is the attoney generals office
-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
what are the general attoneys office priorities and how it is funded
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
what is the CPS
-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
what is the CPS (additional info)
-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
what is the ministry of justice
-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
what are the ministry of justices priorities and how it is funded
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
what are HM courts and tribunals
-ensure cases are heard efficiently and fairly
-the type court depends on the type of offence
what are the types of offences
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
what is a magistrate court
- 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
what is a crown court
-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
what is a youth court
-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
what is the court of appeal
-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
what are the personnel in the courts
-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
what is a sentence
- 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
what is a custodial sentence
-involves the offender being sent to prison
-this is for serious crimes and if the offender has a repeated history
what is a community sentence
-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
what is a financial penalty
-fines and compensation orders
-based on the severity and the offenders ability to pay