AC 1.2 - DESCRIBE THE ORGANISATION OF THE CRIMINAL JUSTICE SYSTEM IN ENGLAND & WALES🤍

Question 1

Law Creation

Answer 1

Criminal law in England and Wales is made by Parliament (House of Commons, House of Lords and Royal Assent) and by judges with judicial precedent & statutory interpretation.

Question 2

The Police

Answer 2

• The Police (there are 43 regional police forces in England and Wales) enforce the criminal law. They do this by investigating alleged crimes, collecting evidence, arresting suspects, questioning suspects using their powers of detention etc.

Answer 3

For example, the Police can hold a suspect in custody for 24 hours - they must then be charged with a crime or released. For more serious crimes the suspect can be held for 36 hours. After 36 hours the Police can ask a magistrate to hold the suspect for a further 96 hours (four days) without charge.

Question 4

Crown Prosecution Service

Answer 4

• The CPS was created with the ‘Prosecution of Offences Act (1985)’, with the aim of the CPS conducting all prosecutions of suspects on behalf of the state.
• Later the Criminal Justice Act (2003) gave full power to making charging decisions to the CPS, including charges that the suspect would face (except for minor cases).
• The CPS when deciding whether to prosecute a suspect, and what charges to bring, will follow the Full Code Test: which has two parts to it: (1) The Evidential Test & (2) The Public Interest Test.

Question 5

The Courts

Answer 5

• A defendant will firstly be taken to a local magistrates’ court. In the magistrates court the charges that the defendant may face will be read out. The defendant will then plead guilty or not guilty to the charges.

Question 6

Guilty

Answer 6

If the defendant pleads guilty, the magistrate will hear evidence of aggravating factors or mitigating factors. The magistrate will then pass the sentence.

Question 7

Not Guilty

Answer 7

If the defendant pleads not guilty, the magistrate must make the decision about 2 things: (1) Which court the defendant will be prosecuted in and (2) Should the defendant be given bail or demanded in prison.

When deciding which court a case will be heard in, the magistrate will consider the offence.

Question 8

Indictable Offences

Answer 8

These are serious crimes, for example, murder, rape, grievous bodily harm etc. Defendants facing such crimes will be tried on the Crown Court in front of a judge and jury.

Question 9

Summary Offences

Answer 9

Less serious crimes, for example, motoring offences. The defendant will be tried in a local magistrates court in front of 3 magistrates but without a jury.

Question 10

Triable Either Way Offences

Answer 10

These are offences that depending on their seriousness can be either tried in a magistrates court or crown court. Examples of such crimes can be fraud, criminal damage etc.

Question 11

Magistrates Court

Answer 11

95% of all cases brought to court are dealt with by the Magistrates Court, the maximum sentence that a magistrates court can impose is a fine of £5,000 and/or 6 months in prison.

Question 12

Crown Court

Answer 12

The defendant will have a defence team, usually headed by a barrister, and the prosecution case will be put forward by a legal team from the CPS. The jury will decide whether the defendant is guilty or not guilty, after listening to the evidence. The judge will ensure that the trial is fair. If the defendant is found guilty, the judge or magistrate will pass a sentence. This could be a custodial sentence, a community sentence or a fine.

Question 13

Prison Service

Answer 13

If a guilty defendant is given a custodial sentence, they are sent to prison. The prison service is run by HM Prison Service. The aim of prison is to punish the defendant by removing their liberty. However, it is also aiming to rehabilitate the prisoner, so they do not recommit when they are released e.g. the prison service offers an education service to all prisoners.

Question 14

Probation Service

Answer 14

The National Probation Service: The NPS supervises offenders who are serving community sentences e.g. challenging unpaid work (removing graffiti, working for charities etc), house arrest, curfews etc. Moreover, when released from prison a defendant is usually on licence and is subject to supervision by the probation service. Any breach of the licence may result in a return to prison.

Question 15

Relationships between the Criminal Justice Organisations

Answer 15

The different parts of the justice system do not work in isolation - they need to work together to make the justice system work effectively and efficiently.

Question 16

Law Creation - relationship with police

Answer 16

When creating laws, Parliament will have to discuss with the police service that a new law is enforceable. If not, the new law would be pointless.

Question 17

Law Creation - relationship with the Courts

Answer 17

Judges can be asked to lead committees on whether a law needs changing or to be introduced.

Question 18

The Police - relationship with the CPS

Answer 18

• The police need to provide the CPS with reliable evidence for the prosecution of offenders e.g. so it passes the ‘full code test’ for the prosecution to go ahead.
  The CPS provide the Police with the charges an offender will face.

Question 19

The Police - relationship with the Courts

Answer 19

The police give evidence as prosecution witnesses, providing protection for vulnerable witnesses, transporting them to and from court.

Question 20

The Police - relationship with HM Prison & National Probation Service

Answer 20

• The Police will arrest prisoners who have been recalled to prison for breaking their licence.
• As a result of Sarah’s Law - the police cooperate with the prison and probation services in managing the list of child sex offender living in the area.

Question 21

The CPS - relationship with the police

Answer 21

• The police need to provide the CPS with reliable evidence for the prosecution of offenders e.g. so it passes the ‘full code test’ for the prosecution to go ahead.
  The CPS provide the Police with the charges an offender will face.

Question 22

The CPS - relationship with Courts

Answer 22

• Preparing and presenting the prosecution case against offender.
• Making sure that the prosecution abides by the court rules e.g. the evidence they present is reliable and admissible.

Question 23

The Courts - relationship with the police

Answer 23

The police give evidence as prosecution witnesses, providing protection for vulnerable witnesses, transporting them to and from court.

Question 24

The Courts - relationship with the CPS

Answer 24

• Preparing and presenting the prosecution case against offender.
• Making sure that the prosecution abides by the court rules e.g. the evidence they present is reliable and admissible.

Question 25

The Courts - relationship with the Law Creators

Answer 25

Judges can be asked to lead committees on whether a law needs changing or to be introduced.

Question 26

The Courts - Relationship with the HM Prison Service & the National Probation Service

Answer 26

• The courts have to make sure that the prison service is aware of the prison sentence for each prisoner - if not this could lead to prisoners accidentally being released early.
• The probation service needs to know the details of each offender’s community service order, given by a judge

Question 27

HM Prison Service - relationship with the Courts

Answer 27

• The courts have to make sure that the prison service is aware of the prison sentence for each prisoner - if not this could lead to prisoners accidentally being released early.
• HM Prison Services have to carry out custodial sentence imposed on the guilty offender.
• HM Prison Services have to supervise defendants who have been remanded into custody.

Question 28

HM Prison Service - relationship with the Police

Answer 28

• The Police will arrest prisoners who have been recalled to prison for breaking their licence.
• As a result of Sarah’s Law - the police cooperate with the prison and probation services in managing the list of child sex offender living in the area.

Question 29

HM Prison Services - relationship with the National Probation Service

Answer 29

HM Prison Service will also have to communicate with the National Probation Service. This is because when prisoners are released from prison early, they are released on licence (conditions of release).

Question 30

The National Probation Service - relationship with the Courts

Answer 30

The Probation Service needs to know the details of each offender’s community service order, given by a judge.

Question 31

The National Probation Service - relationship with the Police

Answer 31

• The Police will help the probation service by re-arresting prisoners who have been recalled to prison for breaking their licence or not carrying out their community service
• As a result of Sarah’s Law - the police cooperate with the prison and probation services in managing the list of child sex offender living in the area.