AC 1.2 Flashcards
What is the primary role of the CPS (Crown Prosecution Service) in relation to the police?
The CPS provides advice to the police on evidence needed for prosecution and advises on lines of enquiry and evidence collection to help build a case.
How can the police contact the CPS?
The police can contact the CPS 24 hours a day using CPS Direct.
What happens if the police do not present enough evidence to the CPS under the evidential test?
The CPS will send the case back to the police.
True or False: The police and courts have an equal relationship.
False
What power does the court have over the police?
The court can demand the police give testimonial evidence as a prosecution witness through a witness summons.
What must the police obtain from the courts to extend custody time for an arrested person?
Permission from the courts.
What is required for the police to obtain a warrant of search and arrest?
The police must provide sufficient evidence.
Under which act are individuals charged by the police entitled to bail?
The Bail Act 1976.
What happens if a person is denied bail during their initial court hearing?
They will be returned to the police cells pending removal to a custody prison before the trial.
What does MAPPA stand for?
Multi Agency Public Protection Arrangements.
What role do the police have in relation to individuals released from prison on license or parole?
The police will arrest them if they are thought to be in breach of their conditions.
What register must offenders who commit sexual crimes be placed on?
The Sex Offenders Register.
What do probation services and the police do together in relation to offenders?
They attend MAPPA meetings to assess and report on an offender’s risk to the public.
What does the CPS do in preparation for court hearings?
The CPS prepares the case, keeps it under review, prepares witnesses, and sources evidence.
What is one consideration the CPS takes into account before trial?
Whether there is sufficient evidence and if it is in the public interest for a trial.
What role does the CPS play in court on behalf of the victim?
The CPS carries out the advocacy at trial.
What type of court can the CPS attend for plea bargaining negotiations?
Either the Magistrates’ court or the Crown Court.
What might the CPS appear in at the High Court, Court of Appeal, or Supreme Court?
Appeal cases for unduly lenient sentences or against the initial verdict.
What is the role of the court in the criminal justice system?
The court passes custodial sentences and determines the length and type of sentence including concurrent and consecutive sentences.
How does the court ensure a defendant is taken to prison?
The court ensures that the defendant is taken to prison, usually by a private security firm.
What is the standard practice for defendants held on remand regarding court appearances?
The courts will try to use video links for any suspect held on remand, provided it does not interfere with a defendant’s human rights.
What is a pre-sentence report?
A pre-sentence report is prepared by probation services to assess the suitability of the offender to serve their sentence outside of prison.
In what scenarios might the probation service attend court?
The probation service may attend court to provide a pre-sentence report or information about an offender’s progress on a community order.
What happens if the probation service reports a breach of a community/probation order?
The offender may be returned to court for further sentencing and a possible prison sentence.
