1.2-the Criminal Justice System Flashcards
what is the Criminal Justice System made up of?
a number of interconnected agencies/organisations
what are the four main parts of the CJS?
1) Law creation and administration (the running of the CJS by government departments & the passing of laws by parliament)
2)Law enforcement (police)
3)the courts (decide the outcomes of cases) -including prosecution/defence
4)punishment of convicited offenders (prison/probation services)
what are the six interconnected agencies?
1)police
2)CPS
3)courts
4)HM Tribunals and Courts services
5)HM prison/probation services
6)law creation
which agencies are voluntary organisations linked to? Give some examples of organisations
-they work with victims throughout investigations/trials
linked to: police, CPS, Courts
organisations: Women Aid/Women in Prison/Victim Support
which agencies are campaigns linked to? give some examples of campaigns
they can potentially lead to a change in the system
linked to: Police, Courts, HO, MoJ, Prisons
campaigns: Howard League of Penal Reform/ The Prison for Reform Trust/INQUEST
what is the role of the police? what agencies is it linked to?
-arrest/detain/question suspects
-enforce the law
-investigate crime scenes and collect evidence
-issue penalty notices/cautions for minor crimes
-send files to CPS for major crimes
linked to: Courts/ CPS/ HM Prison/Probation services/ voluntary organisations
how is the police linked to CPS?
-they send files to the CPS, for major crimes, who then decide on how to charge the suspect.
How is the police linked to the Courts
-they protect vulnerable witnesses
-hold defendants in police cells
-transport offenders to and from court
-give evidence as prosecution witnesses
how is the police linked to the HM Prison /Probation Services?
-police will arrest prisoners who have been recalled back to prison for breaking the terms of their license
-also cooperate in managing the list of registered child sex offenders living in the area (Sarah’s Law)
how is the police linked to voluntary oganisations?
police will refer victims/witnesses to different voluntary organisations
what is the role of CPS? what agencies does it link to?
-present case in court
-assess evidence send by police then decide whether to prosecute
-advises police in investigations and what evidence in needed to be collected to build a case
-they deal with roughly half a million cases a year
linked to: police, Courts
how is the CPS linked to the police?
-they advise the police on lines of inquiry and evidence to build a case
-instruct them on charging suspects
how is the CPS linked to the courts?
-prepare and present the case in court
-prepare appeals against unduly/lenient sentences
what is the role of HM Courts and Tribunals Services? what agencies is it linked to?
-responsible fro the administration of the courts and tribunals
-there are 2 courts criminal invetigations can go through:
1)magistrates court- for less serious crimes
2)crowns court-for serious crimes
linked to:HM Prison Services, the Courts
how is HM Courts tribunals services linked to HM prison service?
-the prison service hold prisoners attending court
-they arrange video recordings and live links for the prisoners giving evidence from prison
how is HM courts and Tribunals services linked to the courts?
-responsible for ensuring the court system runs efficiently
what is the role of HM Prison Service? what agencies does it link to?
-supervise offenders in custody
-seek to rehabilitate offenders
-carries out sentences given by courts
linked to: Police. Probation service, Court
how does the prison service link to the probations service?
they liaise with prisons when a prisoner is to be released
how is the prison service linked to the police?
prisons will facilitate interviews with prisoners involved in criminal investigations
how is the prison service linked to the courts?
-they are responsible for carrying out sentences given by courts
-supervise offenders remanded into custody
-facilitate visits from defence lawyers to clients
what is the role of the probation service? what agencies is it linked to?
supervise offenders carrying out community services
-supervise those who have been released on license to serve part of their sentence outside prison]
linked to: the courts, Prison services and Parole board
how is the probation service linked to the courts?
-supervise drug testing under court orders
-supervise offenders serving community services
-produce pre-sentencing reports on offenders
how is the probation service linked to the prison service and parole board?
-supervise offenders released on license by prison/parole board
what is the role of courts?
-100% of cases start in the Magistrates’ court and 95% of them end there. When a defendant is brought before the Magistrates’ court for the first time they will plead guilty or not guilty. Pre-trial issues such as legal aid and bail will then be discussed and decided.
-Guilty pleas will lead to a sentencing hearing and not guilty pleas will lead to a trial being arranged. The Magistrates’ courts deal with summary offences, whereas the Crown Court deals with indictable offences. In the Crown Court, the prosecution (CPS) and defence lawyers will present arguments and evidence for and against the defendant.
-Evidence can be testimonial (witness statements), physical (e.g. weapons, stolen goods) or both. The jury (in Crown Court) or magistrates will decide the verdict. If guilty, the judge or magistrates will decide the punishment. There are different punishments that can be handed down by the courts, these range from custodial sentences, community sentences, fines and discharges. The judge is guided in their decision by the relevant statute, previous precedent and the sentencing guidelines produced by the sentencing council.
-Offenders sometimes have the right to appeal their sentences/convictions. With the Magistrates’ court there is an automatic right to appeal against the sentence or conviction (if the defendant killed not guilty). With the Crown Court, there is no automatic right to appeal, the defendant must seek leave to appeal within 28 days of being convicted. The supreme court can turn this application down.
what is the role of the Law Creation agency? what other agencies is it linked to?
-MoJ and HO provide funding for the courts and ensuring they run efficiently
-create law (parliamentary/Judiciary)
-government departments provide funding for the justice system
linked to:the police, Courts, Prisons, Probation services
how are the government departments linked to the police?
-HO publishes crime stats and sets police priorities
-HO provides funding
how are the givernment departments linked to the courts, prison probation service?
-MoJ provides funding for these
