1.2 Roles Flashcards
What is the timeline of the criminal justice system
- Parliament- make the law
- Police- enforce the law+ investigate
- Cps - decide to prosecute using full code test
- Court- all cases starts in magistrates and make way up ladder
- Prison
- National probation service- monitor offenders who are on licence
What is a public bill
Most common type Can be applied to the general public
What is a private members bill
Public bills introduced by MP’s and and lords. Applied to the general public
What is a private bill
Bill put forward by an organisation or private company. Only affects certain groups
What is a hybrid bill
Combination of a private and public bill. Proposes something that affects the public but significantly impacts specific individuals or groups
What does the home office do
Responsible for public safety, security and crime prevention.
Oversees police,border force, national security
Goals: cut crime, protect pubic and property etc
What does the police force do
First point of contact in investigations and enforcing the law
43 constabularies
Responsible for enforcing law, crime prevention, protection, investigation and apprehending offenders
Have special units to tackle complex issues e.g. drug squad, armed forces
MUST follow strict proceedings to protect rights - PACE and human rights act
What do the attorney generals office do
Provide legal advice to the uk government
Oversees CPS (supports prosecution) and gov legal department
Goals to uphold use of law, provide high quality legal advicend ensure justice is served
Funded through taxes
What do the CPS do
Prosecute offenders with the full code test- evidential test( is there enough evidence for a realistic prospect of conviction) and public interest test
Advise police and review evidence- prosecution of offences act 1983
Responsible for giving charging advice- criminal justice act 2003
Cps direct
14 geographical locations
What ones the ministry of justice do
Responsible for upholding the law
Goals to protect, deliver world class justice system, work together with other gov departments and ensure sentences are served
Funded through taxes
Oversees courts, NPS, legal aid, youth justice board
What are summary offences
Minor offences that are dealt with in the magistrates court
E.g. sppeding
What are either way offences
Mid range offences that are dealt with in the magistrates court or the crown court
E.g. theft
What are indictable offences
Most serious crimes dealt with in crown court
E.g. murder and rape
Magistrates courts
All cases start here, tries summary and either way offences
Magistrates are volunteer lay people in a panel of 3
Can impose custodial sentence up o 1 year and a fine up to $5000
Talk about the crown court
Established by the courts act 1971
Handles indictable cases- less than 5% of cases
Jury decides verdict beyond all reasonable doubt- panel of 12 randomly chosen by governement
Judge decides sentence if defendant found guilty
Talk about youth court
Specialised division that deal with offenders aged 10-17
Panel of 3 magistrates
It’s a closed court to protect child’s identity
Focuses on rehabilitation
What’s the courts of appeal
Hears the appeals from lower courts
Deals with criminal and civil cases
You can only appeal if you have good reason to e.g bad representation or new evidence
Helps maintain consistency in in CJS
What do the sentencing council do
They created sentencing guidelines for judge/magistrates to use when sentencing an offender
This promotes consistency
What is a custodial sentence
Sent to prison straight away
Depends on severity of crime and history
Typically given to serious crimes
What is a community sentence
Non custodial, offender performs unpaid work to make up for committing the crime they did and give back to community. E.g. litter picking
What is a financial penalty
Fines and compensation orders from the court.
Amount depends of severity
This is common in summary offences
What is discharge
Where a punishment isn’t given when found guilty
Absolute- offence is so minor that no further punishment is necessary
Conditional- let off but can’t commit further offences
What do the home office do
- Responsible for public safety, security and crime prevention
- Goals are to cut crime, provide public services, reduce terrorism etc
- Oversees police , border force, national security etc
- Funded by the government - taxation
