1.2-the Criminal Justice System

Question 1

what is the Criminal Justice System made up of?

Answer 1

a number of interconnected agencies/organisations

Question 2

what are the four main parts of the CJS?

Answer 2

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)

Question 3

what are the six interconnected agencies?

Answer 3

1)police
2)CPS
3)courts
4)HM Tribunals and Courts services
5)HM prison/probation services
6)law creation

Question 4

which agencies are voluntary organisations linked to? Give some examples of organisations

Answer 4

-they work with victims throughout investigations/trials

linked to: police, CPS, Courts

organisations: Women Aid/Women in Prison/Victim Support

Question 5

which agencies are campaigns linked to? give some examples of campaigns

Answer 5

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

Question 6

what is the role of the police? what agencies is it linked to?

Answer 6

-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

Question 7

how is the police linked to CPS?

Answer 7

-they send files to the CPS, for major crimes, who then decide on how to charge the suspect.

Question 8

How is the police linked to the Courts

Answer 8

-they protect vulnerable witnesses
-hold defendants in police cells
-transport offenders to and from court
-give evidence as prosecution witnesses

Question 9

how is the police linked to the HM Prison /Probation Services?

Answer 9

-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)

Question 10

how is the police linked to voluntary oganisations?

Answer 10

police will refer victims/witnesses to different voluntary organisations

Question 11

what is the role of CPS? what agencies does it link to?

Answer 11

-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

Question 12

how is the CPS linked to the police?

Answer 12

-they advise the police on lines of inquiry and evidence to build a case
-instruct them on charging suspects

Question 13

how is the CPS linked to the courts?

Answer 13

-prepare and present the case in court
-prepare appeals against unduly/lenient sentences

Question 14

what is the role of HM Courts and Tribunals Services? what agencies is it linked to?

Answer 14

-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

Question 15

how is HM Courts tribunals services linked to HM prison service?

Answer 15

-the prison service hold prisoners attending court
-they arrange video recordings and live links for the prisoners giving evidence from prison

Question 16

how is HM courts and Tribunals services linked to the courts?

Answer 16

-responsible for ensuring the court system runs efficiently

Question 17

what is the role of HM Prison Service? what agencies does it link to?

Answer 17

-supervise offenders in custody
-seek to rehabilitate offenders
-carries out sentences given by courts

linked to: Police. Probation service, Court

Question 18

how does the prison service link to the probations service?

Answer 18

they liaise with prisons when a prisoner is to be released

Question 19

how is the prison service linked to the police?

Answer 19

prisons will facilitate interviews with prisoners involved in criminal investigations

Question 20

how is the prison service linked to the courts?

Answer 20

-they are responsible for carrying out sentences given by courts
-supervise offenders remanded into custody
-facilitate visits from defence lawyers to clients

Question 21

what is the role of the probation service? what agencies is it linked to?

Answer 21

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

Question 22

how is the probation service linked to the courts?

Answer 22

-supervise drug testing under court orders
-supervise offenders serving community services
-produce pre-sentencing reports on offenders

Question 23

how is the probation service linked to the prison service and parole board?

Answer 23

-supervise offenders released on license by prison/parole board

Question 24

what is the role of courts?

Answer 24

-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.

Question 25

what is the role of the Law Creation agency? what other agencies is it linked to?

Answer 25

-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

Question 26

how are the government departments linked to the police?

Answer 26

-HO publishes crime stats and sets police priorities
-HO provides funding

Question 27

how are the givernment departments linked to the courts, prison probation service?

Answer 27

-MoJ provides funding for these