AC 1.2 Flashcards
Describe the role of a judge in a crown court trial
Parties run their cases and the judge acts as a referee. The judge informs the jury of their role and makes sure they understand the case as much as possible. They ensure that the case is fair and human rights compliant. Judges impose punishments following a guilty verdict or plea. They also decide bail applications.
Describe the role of a jury in a crown court case
The jury listens to evidence including witness,expert evidence, written testimony, photographs and other exhibits. They can ask questions via the judge as well as being advised on the law by the judge. The jury listen to the opening and closing speechesfrom barristers. They consider the verdict in secret for a unanimous or majority verdict.
Describe the relationship between the HM prison service and other agencies of social control.
The Police - HM prison service facilitates interviews with prisoners involved in ongoing police investigations
The courts - HM prison service carne’s out the custodial sentences that the court has imposed on the offenders; supervising defendants who you’ve been remanded to custody by the court; facilitating visits from the defense lawyersto their clients in prison
The National probation service - they liaise when a prisoner is to be released from prison on license
Voluntary organizations - Victim Support is a charity that liaises with the police, prisons, courts and CPS to support victims throughout the stages of an investigation and trial
Campaigns - to change the justice system e.g the Howard League for Penal Reform, the Prison Reform Trust and INQUEST have relationships with the courts, prisons, police.
Describe the relationship between the police and other agencies of social control.
The courts - The police give evidence as prosecution witnesses; providing protection for vulnerable witnesses; holding defendants in police cells and transporting them to and from court
The CPS - the police will provide evidence for the prosecution of offenders; charging offenders in line with CPS instruction
HM Prison and Probation Service - the police will arrest prisoners who have been recalled to prison for breaching the terms of their license. As a result of Sarahs Law, the police also cooperate with the prison and probation services in managing the list of child sex offenders living in their area
Voluntary organizations - e.g referring victims and witnesses of crime to Victim Support, women’s refuges, the Witness service etc
Describe the relationship between the CPS and other agencies of social control.
The police - the CPS advise on possible lines of enquirer and evidence collection to build a case; instructing the police on charging suspects
The courts - the CPS prepare and present the prosecution case against offenders and prepare appeals against unduly lenient sentences
Describe the relationship between the HM Courts and Tribunals Service and other agencies of social control.
Courts and judges - the service supervises the efficient running of the courts system, funding the individual courts
HM Prison Service - the prison service hold prisoners attending court, pending their transfer/ return to prison; arranging video recordings and live links for prisoners giving evidence from prison
Describe the relationship between the National Probation Service and other agencies of social control.
HM Prison Service and the Parole Board - the Probation service supervise prisoners who are released on license
The Courts - the Probation service prepare pre-sentencing reports on offenders; supervising offenders who have been given a community sentence by the curt; supervising drug testing under the courts orders
Describe the role of the CPS in the organization of the criminal justice system
- they advise the police in their investigation about lines of inquiry and what evidence is required to build a case
- they have the power to charge in all but minor offenses under the Criminal Justice Act 2003
- they must decide which cases should be prosecuted, keeping them all under continuous review
- they determine appropriate charges in more serious or complex cases
- they prepare and present cases at court
- they provide information, assistance and support to victims and prosecution witnesses
- they apply the Full code Test to the case to determine whether to prosecute
Describe the role of the police in the organization of the criminal justice system
- enforcing criminal law
- investigate crimes, collect evidence, arrest, detain and question suspects
- in minor cases they may issue a caution or fixed penalty notice
- send files to the CPS to decide whether to prosecute
- there are 43 regional police forces in England and Wales
- they can run any fingerprints through the Nationals database to find a match and arrest the suspect
Describe the role of the HM Courts and Tribunals Service in the organization of the criminal justice system
- they are responsible for the administration of the courts and tribunals in England and Wales
Describe the role of the courts in the organization of the criminal justice system
- the Magistrates courts deal with less serious cases (95%)
- the Crown court deals with serious offences which are triable by a judge and jury
- the defendant will plead guilty or not guilty and pre-trial issues such as bail and legal aid will be decided
- the jury or magistrates will decide the verdict
- if guilty, the judge or magistrate’s will decide a punishment
Describe the role of the HM Prison and Probation Service
- the HM Prison Service supervises offenders in custody
- the National Probation Service supervises offenders who are serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside of prison
- seek to rehabilitated offenders so they can lead a crime-free life
