AC 1.2 Flashcards
What are the 2 Agencies involved in law creation ?
Parliament
Judges in senior appellate courts
How is parliament involved in law creation?
Governments introduce draft laws (bills) into parliament by creating Acts (statutes) that are enforced by police. Courts impose formal punishments for breaches
How are Judges in senior appellate courts involved in law creation?
They create common law through the operation of judicial precedent
Who is the government oversight for the police?
Home Office
What is the polices principle role ?
law enforcement
How do police enforce laws that are created by parliament and judges?
Investigating crimes using powers of arrest to detain suspects for questioning ect.
Collecting evidence to enable the CPS to make charging decisions
How do the police have a working relationship with CPS?
Advising investigating officers on the evidence needed to build a case and charge a suspect
Assessing evidence submitted by police and decides whether to charge using the full code test (criminal justice act 2003)
How do the police have a working relationship with courts?
Investigating officers will help the cps build a case by gathering the evidence in order to charge a suspect and bring them to the court for trial
Police officers may also be called to give evidence in court on behalf of the prosecution
Protection of vulnerable witnesses/victims so they can safely give evidence in court
Courts liaise with police to ensure safe delivery of the suspects detained in police cells for court appearances
Police can ask magistrates to issue arrest warrants to ensure a defendants attendance at court for trial
The police can ask the magistrates to issue search warrants to gather evidence in an investigation
How do the police have a working relationship with HM prison and probation service?
Police may arrest prisoners recalled to custody for breaching the terms of their release following information from this service
Following Sarah’s Law, police cooperate with the Probation Service to manage child sex offender disclosure schemes
What other working relationships do police have ?
Agencies in the criminal justice system
Campaigns
what is an example of an agency in the criminal justice system that works with the police?
community safety partnerships and primary care trusts
what is an example of a campaign with a working relationship with the police?
Bobby Turnbull’s campaign to change gun licensing laws supported by police
What are the 2 main roles of the CPS?
An independent prosecution service for england and wales
Makes charging decisions on the basis of evidence gathered by police
What is the act for ‘An independent prosecution service for england and wales’
Prosecution of Offences Act 1985
What is the act for ‘Makes charging decisions on the basis of evidence gathered by police’
using full code rest under the criminal justice act 2003
What is the act for ‘An independent prosecution service for England and wales’
Prosecution of Offences Act 1985
How do the CPS have a working relationship with the police?
Advising investigating officers on the evidence needed to build a case and charge a suspect
Assessing evidence submitted by police and decides whether to charge using the full code test (criminal justice act 2003)
How do the CPS have a working relationship with the courts?
Prepares and presents cases in court.
Prepares appeals for the attorney-general to refer lenient sentences to the Court of Appeal under the Unduly Lenient Sentences Scheme
What other agencies work with courts
Ministry of justice (HM Courts and Tribunals Service, HM Prison Service and HM Probation Service)
How is the government oversight for courts?
MoJ
Who are courts administered by?
HM Courts and Tribunals Service
What are the 2 principle roles of criminal courts?
To ensure the administration of justice in criminal proceedings , for example, make decisions on the admissibility of evidence
In disposing of cases, to impose formal punishment , for example, sentence offenders to imprisonment, community orders, fines or discharges
How do the courts have a working relationship with the police?
Investigating officers will help the cps build a case by gathering the evidence in order to charge a suspect and bring them to the court for trial
Police officers may also be called to give evidence in court on behalf of the prosecution
Protection of vulnerable witnesses/victims so they can safely give evidence in court
Courts liaise with police to ensure safe delivery of the suspects detained in police cells for court appearances
Police can ask magistrates to issue arrest warrants to ensure a defendants attendance at court for trial
The police can ask the magistrates to issue search warrants to gather evidence in an investigation
In the disposing of cases, what working relationships does the court have?
the courts have working relationships with other agencies within the criminal justice system, such as legal professionals (solicitors and barristers) who will present the case for prosecution and defence, and also includes the CPS.
How does the prison service work with courts?
Courts impose formal punishments
Prison sentences are managed by prison service
It protects the public by supervising offenders sentences to custody
Prisons will work with courts to ensure defendants remanded in custody are brought to court for trial.
How does the courts have a working relationship with the probation service?
Courts impose formal punishments
The probation service manages offenders in the community, for example, those sentenced to community orders ]
Probation service provides the court with pre-sentencing reports on offenders following an interview with the offender
Who is the government oversight for the HM Prison Service?
MoJ
What are the 3 main roles of the HM Prison Service?
Supervises offenders sentenced to custody to protect the public
Supervises those remanded by courts to custody pending trial
Rehabilitation of offenders through, for example, education and training whilst in custody
What agencies work with the HM prison service ( 4)
Courts
Police
Probation service
Voluntary organisations / pressure group campaigns
Example of a voluntary organization / pressure group
Prisoners Education Trust, Prison Reform Trust.
How do the probation service work with the HM Prison Service?
to prepare offenders for release on licence or parole and to manage them in the community
Who is the HM Probation services government oversight?
MoJ
What are the 3 main roles of the HM Probations Service?
Supervises offenders in the community e.g. offenders given community orders
Supervises completion of additional requirements of community orders e.g. drug testing
Supervised offenders released on licence/parole from prison, helping them to reintegrate back into society and to reduce the likelihood of offending.
Who do the HM probation service have a working relationship with?
Courts
Police
Prison Service
How do the HM Probation service and the courts have a working relationship?
Probation service provides courts with pre-sentence reports to help courts sentence offenders
Probation service ,manages offenders sentenced to community orders by courts
Probation officers attend court and advice breaches of community orders
How do the HM Probation service and police have a working relationship?
Police arrest offenders in breach of community orders or release terms on advice of Probation officers to bring them to court
How do the HM Probation service and prisons have a working relationship?
Probation service works with prisons to prepare offenders for release on licence. Probation service will supervise them in the community
How do the HM probation Service have a working relationship with other agencies (e.g. MAPPA)
police attend MAPPA (multi agency public protection arrangements) meetings to assess and report on an offenders risk to the public
