AC 1.2 Flashcards
What are the four main parts of the criminal justice system in England and Wales
Law Creation and administration - passing of the laws by paraliment
Law enforcement - done by the police
The courts - interpreting law and deciding the outcome of criminal cases
Punishment of convicted offenders by the Prisons and Probation Service
Who is involved in law creation?
Parliament by passing new acts and bills
Judges create new law by setting judicial precedent that the lower courts and same court will follow from then on in the case of the same facts
What is the role of the police?
The police are responsible for enforcing the criminal law, they investigate crimes, collect evidence as well as arrest, detain and question suspects.
In minor cases, they may issue a caution or a fixed penalty notice but in all other cases, they will send the files to the CPS to decide whether to prosecute.
There are 43 regional police forces across England and Wales.
What is the role of the CPS?
The CPS is an independent prosecution service for England and Wales dealing with about half a million (500,000) cases each year.
The CPS advises the police in their investigations about lines of inquiry and what evidence they need to build a case.
The CPS asses the evidence submitted by the police and decides whether or prosecute and what charge will be given if so.
The CPS’ decisions are based on applying the Full Code Test to the case.
A CPS representative will then present the prosecution case in court.
Role of HM Courts and Tribunal Service
HM courts and tribunal service are responsible for the administration of the courts and tribunals in England and Wales - these are specialist courts.
Role of the courts?
Whenever a suspect is charged, they are brought before the magistrates court to choose to plead either guilty or not guilty as well as decide pre-trial issues such as bail and legal aid.
Guilty pleas will lead to an immediate sentence hearing while not guilty pleas will lead to a trail arrangement.
Magistrates court deals with 95% of cases and all summary offences.
Crown court deals with more serious offences which are triable by either a judge or jury - all indictable offences.
What happens while in court.
During a trial, the prosecution (CPS) and defence lawyers will present arguments and evidence for and against the defendants guilt.
The evidence presented will be both Physical (e.g. weapons) as well as Testimonial (such as witnesses)
The jury (in CC) or magistrate judges (in MC) will decide the verdict of the case.
If guilty the judge or magistrates will decide the punishment - this could be custodial (prison) or a community sentence, a fine or discharge.
Their punishment will be based on the relevant statue and sentencing guidelines produced by the sentencing council.
All offenders can choose to appeal against their conviction and or sentence in the Magistrates Court, however all further courts (crown and above) require Judges approval in order to appeal.
Role of HM Prison and Probation Service
Her Majesty’s Prison and Probation service role is to carry out the sentence given to offenders in court.
- HM prison service supervises offenders in custody (jail)
- The National Probation Service supervises offenders who are serving a probation sentence in the community, including prisoners who have been released on licence to serve part of their sentence outside of prison
As well as supervising the Managment and punishment of offenders. Probation and Prison also aim to rehabilitate offenders so they can live a crime-free life.
Who do the police have a relationship with in the Criminal Justice System
- The Courts
as the police will: give evidence in prosecution witnesses; provide protection for vulnerable witnesses, hold defendants (suspects) in police cells and transport them to and from court
- the CPS
The police help the CPS by providing evidence for the prosecution of offenders; as well as charging offenders in with CPS instructions
- HM Prison and Probation Services
Police will arrest prisoners who have been recalled to prison for breaching the terms of their licence. Additionally, as a result of Sarah’s law, the police also cooperate with the prison and probation service in managing the list of child-sex-offenders living in their area.
- Voluntary organisations
Involves referring victims / witnesses of crimes to organisations such as Victim support and the Witness Service
Who do the CPS have a relationship with in the Criminal Justice System?
- Police
Advise the police on possible lines of enquiry and what evidence needs to be collected to build a sufficient case and instructs the police on charging subjects.
- Courts
Preparing and presenting the prosecution case against offenders as well as preparing and submitting appeals against sentences they deem too lenient by the court
Who do Government departments have a relationship with in the Criminal Justice System?
- Courts, prison and probation service, HM courts and tribunal service and HM prison and probation service are ALL overseen by the Ministry of Justice.
- The Police
Where the Home Office (a government department) is the department responsible e.g. for setting national policing priorities.
Government departments provide funding for these parts of the justice system, the funds come from general tax.
Who do HM courts and tribunal service have a relationship with in the Criminal Justice System?
- Courts - Judges
supervise the efficient running of the courts system, helping to fund individual courts -
- Prison Service
holding prisoners attending court, pending their transfer / return to prison, arranging video recordings and live links for prisoners giving evidence from prison.
Who does the Probation service have a relationship with in the Criminal Justice System?
- Prison Service and Parole Board
supervising prisoners who are released on licence.
- Courts
preparing pre-sentencing reports on offenders, supervising offenders we have been given a community sentence by the court, supervising drug testing under the courts orders.
Who does the Prison service have a relationship with in the Criminal Justice System?
- Courts
Carrying out the custodial sentences that the court has imposed on offenders
Supervising defendants who have been remanded into custody (refused bail) by the courts
Arranging visits from defence lawyers to meet with their clients in prison
- Police
facilitating interviews with prisoners involved in ongoing police investigations.
- The Nation Probation Service
Arranging when a prisoner it to be released from prison on licence
- Voluntary organisations such as charities like victim support have relationship with the police, courts and CPS to help support victims.
