AC 1.2-describe the organisation of the criminal justice system in england and wales

Question 1

What are the four main parts of the criminal justice system?

Answer 1

1) Law creation and administration
2) Law enforcement (by the police)
3) The courts
4) Punishment of convicted offenders (by prisons and probation services)

Question 2

What is law creation and administration?

Answer 2

The passing of criminal laws by Parliament and the running of the justice system by the government

Question 3

What do the courts do? (including prosecution and defence)

Answer 3

Decide the outcome of criminal cases

Question 4

What is administration of the system in law creation?

Answer 4

Two government departments overseeing most of the criminal justice system and are responsible for the smooth running of it

Question 5

What are the two departments which oversee the justice system in law creation?

Answer 5

The ministry of Justice and the Home Office

Question 6

What is the polices role in law enforcement?

Answer 6

Investigate crimes, collect evidence, arrest, detain and question suspects
For minor cases, issue cautions/fixed penalty notices
Send files to CPS to decide whether to prosecute

Question 7

How many regional police forces are there in England of Wales?

Answer 7

43

Question 8

What is the role of the CPS in law administration?

Answer 8

Advise police in investigations about lines of inquiry and what evidence is needed to build a case
Assess evidence the police submit
Decide whether or not to prosecute
Prepare and presents the prosecution case in court

Question 9

What are the CPS’s decisions based on?

Answer 9

The Full Code Test is applied to the case (refer to Unit 3 AC 2.1)

Question 10

What is the role of HM Courts and Tribunals Service in law punishment?

Answer 10

Responsible for the administration of the courts and tribunals in England and Wales

Question 11

What does the magistrates court deal with?

Answer 11

Less serious offences (about 95% of all cases)

Question 12

What does the crown court deal with?

Answer 12

Serious offences, which are triable by a judge and jury

Question 13

Once a suspect is charged, which court are they sent to?

Answer 13

The magistrates court

Question 14

What happens once the suspect is brought to the magistrates court?

Answer 14

The defendant will plead guilty or not guilty
Pre trial issues (bail and legal aid) is decided
Pleading guilty leads to sentencing hearing
Pleading not guilty lead to trial arrangement

Question 15

What type of evidence will the prosecution/defence lawyers present against/for the defendant?

Answer 15

Testimonial (witness statements)
Physical (eg. weapons)
Or both

Question 16

Who decides the verdict in a criminal court case?

Answer 16

The jury in the crown court or the magistrates

Question 17

If found guilty, who decides the punishment in a criminal court case?

Answer 17

The judge in the crown court or the magistrates

Question 18

What punishment could be given for the defendant if found guilty?

Answer 18

A custodial sentence (prison)
A community sentence
A discharge
A fine

Question 19

What is a discharge sentence? (just for further understanding)

Answer 19

A crime has technically been committed, but any punishment of the defendant would be inappropriate and the case is closed

Question 20

If the offender is unhappy with the courts decision, what are they able to do?

Answer 20

Appeal against their conviction and/or sentence

Question 21

What do the HM Prisons do?

Answer 21

Supervise offenders in custody

Question 22

What do the Probation Services do?

Answer 22

Supervise offenders who are serving their sentences in the community , including those released on licence

Question 23

What is the main aim of the HM Prisons and Probation Services?

Answer 23

To rehabilitate offenders so that they can lead a crime free life

Question 24

What relationship is there between the police and the CPS? (5 points)

Answer 24

The police send evidence to the CPS so they can prosecute criminals
Charge offenders in line with the CPS institutions
The police can’t charge suspects without authorisation from the CPS
The CPS advise the police on lines of the investigation
The CPS collects the evidence from the police to build a case against the defendant

Question 25

What relationship is there between the police and the HM Courts and Tribunal Services? (4 points)

Answer 25

The police can be requested by the court to provide eyewitness evidence/testimonies about various events
Ensure safe delivery to and from court
Ensure defendants are brought before them in custody
The courts will request evidence from the police and this must be shared with the defence

Question 26

What relationship is there between the police and the HM Prison Services? (3 points)

Answer 26

As a result of Sarah’s law, the police manage the list of child sex offenders living in particular areas
If a person is denied bail then the prison will detain individuals until their trial date
Facilitate interviews with the prisoners who are involved in ongoing police investigations

Question 27

What relationship is there between the police and the National Probation Services? (2 points)

Answer 27

The police will arrest individuals who are not meeting the terms of their parole or probation licence
They will arrest individuals who have broken their licences and they will face trial

Question 28

What relationship is there between the police and the voluntary organisations? (1 point)

Answer 28

Refer victims and witnesses of crime to victim support, witness services etc.

Question 29

What relationship is there between the CPS and the HM Prison Services? (1 point)

Answer 29

The CPS will seek to interview prisoners and defence solicitors will advise prisoners on their cases

Question 30

What relationship is there between the CPS and the National Probation Services? (1 point)

Answer 30

Collect details of a case from the CPS then interview defendant about their lifestyle, home and work situation and about the offence committed

Question 31

What relationship is there between the CPS and the HM Courts and Tribunals Services? (4 points)

Answer 31

The CPS provide barristers and solicitors to prosecute individuals alleged of committing a crime
Prisoners are held in court cells pending the court hearing
Prepare and present the prosecution case against the offender eg. preparing appeals against unduly lenient sentencing
Work with magistrates to check the suitability of bail prior to the trial

Question 32

What relationship is there between the HM Courts and Tribunals Services and the HM Prison Services? (4 points)

Answer 32

They make arrangements for video links if a prisoner can’t attend court
Convicted criminals can be escorted from court to the prison
Help carry out custodial sentences that the court has imposed to offenders
Supervise defendants remanded in custody by the court facilitating visits from the defence lawyers to their clients in prison

Question 33

What relationship is there between the HM Courts and Tribunals Services and the National Probation Services? (3 points)

Answer 33

Prepare pre-sentencing reports on offenders
Supervise offenders who have been given a community sentence by the court
Supervise drug testing under the court order

Question 34

What relationship is there between the HM Courts and Tribunals Services and voluntary organisations?

Answer 34

Provide arrangements for victims and witnesses when giving evidence (special measures) alongside victim support

Question 35

What relationship is there between the HM Prison Services and the National Probation Services? (5 points)

Answer 35

Need to know when prisoners are due to be released
When a prisoner is released they will be ‘looked after’ by the probation service
Liaising with a prisoner to be released from prison on licence
The prison service works with the probation services to release prisoners
They help prisoners find jobs and money to get them started in the real world