(2) AC 1.2 - Describe The Organisation Of The Criminal Justice System In England And Wales Flashcards
Summary of the criminal justice procedure
1) law creation - criminal law made in parliament
2) police enforce the law
3) CPS advise police on appropriate charges
4) suspect goes to the magistrates court (5% go to crown court)
5) defendant released on bail or remanded in custody
6) trail - including witnesses, magistrates, judges, jury, CPS, etc
7) conviction given by judge, sentencing council provides guidelines, sent to prison
8) HM Prison z service oversees welfare of prisoners, HM Inspectorate of prisons reports on those prisons.
9) when released, prisoner will be under supervision from probation services and may return to prison.
Organisations which are involved in the criminal justice system.
Police
HM Courts and Tribunals Service
crown Prosecution Service
Ministry of Justice
HM Prison Service
National Probation Service
Sentencing Council
Campaign for change
How are police involved in the criminal justice system?
Police are responsible for enforcing the law and protecting the public.
Relationships:
Work with the courts to ensure defendants (in custody) are brought before them.
Often give evidence in court.
Work with probation in the management of an offender.
Work closely with CPS in the charging and prosecution of offenders.
How is the HM Courts and Tribunals Service involved in the criminal justice system.
Responsible for the administration of criminal, civil and family courts.
They administer the world of magistrates’ court and the county court, family court, crown court, royal courts of justice, etc.
Relationships:
Contributes to law creation through judicial precedent and statutory interpretation.
Liaise with police and prisons to ensure safe delivery of prisoners in court.
Arrangements of video links if a prisoner is not to attend court for a hearing.
Prisoners held in court cells ending their court hearing and return to prison.
How is the Crown Prosecution Service involved in the criminal justice system.
Decides which cases should be prosecuted, determines charges in more complex cases, provided support to victims/witnesses.
Relationships:
Advise police on charging suspect.
Appear in courts to conduct and present a case.
Go into prisons to speak or offenders about appeals, etc.
How is the Ministry of justice involved in the criminal justice system.
Major government department at the heart of the justice system, each year millions of people use their services, at least 500 courts and tribunals and 121 prisons in England and Wales.
Relationships:
Oversees the work of : HM Courts and Tribunals Services, probation services, prison systems.
How is the HM Prison Service involved in the criminal justice system.
Run 109/121 prisons in England and Wales.
Responsible for managing prison and probation services and supporting effective offender management.
Relationships :
CPS may seek visits to prisons for legal consultations
Judge (in court) sets a term of imprisonment (length and type).
Defendants who have been denied bail by police or courts will be remanded to prison.
Work with probation services when prisoner is to be released.
How is the National Probation Service involved in the criminal justice system.
Supervises high risk offenders released into the community.
Relationships :
Police arrest prisoner if they are recalled from probation to ensure they return to prison.
Overseeing prisoner when released and on parole.
Overseeing all prisoners who have served up to 12 years in prison and are released on license will be subject to 12 months supervision by National Probation Service.
How is the Sentencing council involved in the criminal justice system.
Produces guidelines on sentencing for the judiciary to use when deciding the punishment they will give.
Relationships :
advise other agencies, such as the courts, on the length of a sentence a defendant should get.
How are Campaigns for change involved in the criminal justice system.
Campaign aiming to get something legalised, decriminalised or add policies to change formal rules in society.
Relationships :
Liaise with various agencies for support to enable change to be effective.
Sarah’s Law - worked with police on Child Sex Offender Disclosure Scheme.
Bobby Turnbull’s campaign for change in gun licensing laws liaised with police.
Prison Reform Trust works with prisons to improve them.
