AC 1.2 Flashcards
Overview of criminal justice system
- Law creation and administration
- Law enforcement
- The courts
- Punishment of convicted offenders
Law creation and administration
-Parliament passes acts
-Judges create law by setting judicial precedents that other courts must follow and by interpreting the meaning of statutes
-Administrated by Ministry of Justice and Home Office
Ministry of Justice (MoJ)
Cabinet ministry that deals with legal affairs, legislative activities and administration of justice. Head of overall UK Justice System.
MoJ role
Works with other government departments and agencies to bring the principles of justice to life for everyone in society.
Ensures sentences are served and offenders are encourage to turn their lives around and become law-abiding citizens.
Protect the public from serious offenders and improve the safety and security of prisons
Home Office: first duty
to keep citizens safe and the country secure
Home Office role
Fundamental role in the security and economic prosperity of the UK and offer national security for crimes such as terrorism
Law Enforcement
- Police
- Crown Prosecution Service
The Police: responsibility
enforcing the law by investigating crimes, collect evidence and arrest, detain and question suspects
The Police: powers
To issue cautions or fixed penalty notices (fines.
The Police: powers demolished
Prosecution Offences Act 1985 demolished the responsibility to prosecute for police
CPS: responsibility
Advise the police on lines of inquiry and evidence needed.
Assess the evidence and use it to decide whether to prosecute and with what charges.
CPS: role in court
Prepares and presents the prosecution case. Only take to court if they think will win. Barristers who stand up in court and deliver the case are advocates.
CPS: tests
- Evidential Test
- Public Interest Test
- Threshold Test
CPS: evidential test
enough evidence that is admissible
CPS: Public Interest
is it of public interest to prosecute, how much of an impact has it had, does the cost of trial outweigh the interest to the public.
CPS: Threshold test
If case needs to be prosecuted but doesn’t pass the other tests they can use this test
The Courts
- HM Courts and Tribunals Service
- Magistrates and Crown Courts
- HM Prison and Probation Service
HM Courts and Tribunals Service
-Responsible for the administration of courts and tribunals service
-Two courts that criminal investigations could go through
-Make sure the trial run on time and smoothly
Magistrates and Crown Courts
-Summary offences
-Every single case starts at mags to plea
-Plea guilty in mags get sent to crown just need judge who will sentence
-If plea not guilty go to crown with jury
-6 months and unlimited fine in mags
-life sentence in crown
-indictable cases go to Crown
-All over seen by HM Courts and Tribunal Service
HM Prison and Probation Service
Carries out the sentences given to offenders
PRISON - supervise offenders in custody
PROBATION - supervises offenders serving sentences in community (prisoners released on licence)
