AC 1.2-describe the organisation of the criminal justice system in england and wales Flashcards
What are the four main parts of the criminal justice system?
1) Law creation and administration
2) Law enforcement (by the police)
3) The courts
4) Punishment of convicted offenders (by prisons and probation services)
What is law creation and administration?
The passing of criminal laws by Parliament and the running of the justice system by the government
What do the courts do? (including prosecution and defence)
Decide the outcome of criminal cases
What is administration of the system in law creation?
Two government departments overseeing most of the criminal justice system and are responsible for the smooth running of it
What are the two departments which oversee the justice system in law creation?
The ministry of Justice and the Home Office
What is the polices role in law enforcement?
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
How many regional police forces are there in England of Wales?
43
What is the role of the CPS in law administration?
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
What are the CPS’s decisions based on?
The Full Code Test is applied to the case (refer to Unit 3 AC 2.1)
What is the role of HM Courts and Tribunals Service in law punishment?
Responsible for the administration of the courts and tribunals in England and Wales
What does the magistrates court deal with?
Less serious offences (about 95% of all cases)
What does the crown court deal with?
Serious offences, which are triable by a judge and jury
Once a suspect is charged, which court are they sent to?
The magistrates court
What happens once the suspect is brought to the magistrates court?
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
What type of evidence will the prosecution/defence lawyers present against/for the defendant?
Testimonial (witness statements)
Physical (eg. weapons)
Or both
Who decides the verdict in a criminal court case?
The jury in the crown court or the magistrates
If found guilty, who decides the punishment in a criminal court case?
The judge in the crown court or the magistrates
What punishment could be given for the defendant if found guilty?
A custodial sentence (prison)
A community sentence
A discharge
A fine
What is a discharge sentence? (just for further understanding)
A crime has technically been committed, but any punishment of the defendant would be inappropriate and the case is closed
If the offender is unhappy with the courts decision, what are they able to do?
Appeal against their conviction and/or sentence
What do the HM Prisons do?
Supervise offenders in custody
What do the Probation Services do?
Supervise offenders who are serving their sentences in the community , including those released on licence
What is the main aim of the HM Prisons and Probation Services?
To rehabilitate offenders so that they can lead a crime free life
What relationship is there between the police and the CPS? (5 points)
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
What relationship is there between the police and the HM Courts and Tribunal Services? (4 points)
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
What relationship is there between the police and the HM Prison Services? (3 points)
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
What relationship is there between the police and the National Probation Services? (2 points)
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
What relationship is there between the police and the voluntary organisations? (1 point)
Refer victims and witnesses of crime to victim support, witness services etc.
What relationship is there between the CPS and the HM Prison Services? (1 point)
The CPS will seek to interview prisoners and defence solicitors will advise prisoners on their cases
What relationship is there between the CPS and the National Probation Services? (1 point)
Collect details of a case from the CPS then interview defendant about their lifestyle, home and work situation and about the offence committed
What relationship is there between the CPS and the HM Courts and Tribunals Services? (4 points)
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
What relationship is there between the HM Courts and Tribunals Services and the HM Prison Services? (4 points)
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
What relationship is there between the HM Courts and Tribunals Services and the National Probation Services? (3 points)
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
What relationship is there between the HM Courts and Tribunals Services and voluntary organisations?
Provide arrangements for victims and witnesses when giving evidence (special measures) alongside victim support
What relationship is there between the HM Prison Services and the National Probation Services? (5 points)
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
