AC 1.2 Flashcards
Describe the organisation of the criminal justice system
criminal justice procedure
- criminal law is created in Parliament
- police investigate breaches of the law, then use powers of arrest, detention and interview to enforce it
- CPS advise police on appropriate charge
- suspect is brought before the court - all cases start in Magistrates
- defendant is either released on bail or remanded in custody
- guilty plea results in sentencing, or a plea of not guilty results in trial
- if convicted, formal punishment is given using guidance of sentencing council. if custodial sentence is given, defendant is sent to prison
- HM prison service oversees welfare of prisoners
- upon release, prisoner is usually on license and subject to supervision by probation service
Police - what they do
-enforce criminal law
-investigate crimes
-collect evidence
-arrest, detain and question suspects
Police - relationship with others
-Courts: give evidence as prosecution witnesses, providing protection for vulnerable witnesses, hold defendants in prison cells and transport them
-CPS: provide evidence for prosecution, charge offenders in line with CPS instructions
-prison and probation: arrest prisoners who have breached terms of license
-voluntary organisations: victim support, women’s refuges, witness service
ministry of justice - what they do
-oversees the work of courts and tribunal serves, probation services and prison systems
ministry of justice - relationship with others
-oversees work; courts, probation services, prison services
HM courts and tribunals service - what they do
-responsible for administration of the courts and tribunals
-contributes to law creation through judicial precedent and statutory interpretation
-provision of adjustments for vulnerable witnesses
HM courts and tribunals service - relationship with others
-courts: supervising efficient running of the courts system, funding the individual suspects
-prison service: holding prisoners attending court, pending transfer/ return to prison, arranging video recordings and live links for prisoners giving evidence from prison
CPS - what they do
-advise police investigations and evidence that is required
-assess the evidence and decide whether to prosecute
-prepares and presents prosecutions cases in court
CPS - relationship with others
-police: advising on lines of enquiry and evidence collection to build a case, instructing them on charging suspects
-courts: preparing and presenting the prosecution case against offenders, preparing appeals against unduly lenient sentences
HM prison service - what they do
-supervises offenders in custody
-rehabilitate offenders
HM prison service - relationship with others
-courts: carry out custodial sentences that the court has imposed on offenders, supervising defendants who have stayed in custody, facilitating visits from defence lawyers
-police: facilitating interviews with prisoners involved in ongoing police investigations
-probation services: liasing when a prisoner is to be released on license
National probation service - what they do
-supervises offenders who are serving their sentences in the community
-rehabilitate offenders
National probation service - relationship with others
-prison service and parole board: supervising prisoners released on license
-courts: preparing pre-sentencing reports on offenders, supervising offenders who have been given a community sentence by the court, supervising drug testing under court’s order
sentencing council - what they do
-produces guidelines on sentencing for the judiciary and criminal justice professionals
sentencing council - relationship with others
-courts: advises the courts on what the sentence should be for any offences
campaigns for change - what they do
-aim for social change by giving those without one a voice
campaigns for change - relationship with others
-can work with various agencies to support effective change
-police: CSO disclosure scheme
-courts: gun licensing laws
-prison: improve penal systems