AC 1.2: Describe the organisation of the criminal justice system in England and Wales Flashcards
what are the two agencies involved in law creation?
- parliament – introduce bills enforced by police and imposed by courts.
- judges – create common law through judicial precedent.
what is the role of the police?
- law enforcement
– laws created by parliament and judges - investigating crime
- collecting evidence
– this enables CPS to make charging decisions
describe the relationship between the police and CPS.
Evidence-gathering to help the CPS make charging decisions.
describe the relationship between the police and courts.
Giving evidence as prosecution witnesses, protection of vulnerable witnesses / victims.
what is an example of agencies working together to protect their local communities.
- after Sarah’s law police work with the probation service to manage child sex offender disclosure scheme.
- Bobby Turnbull’s campaign to change gun licensing laws supported by police.
under what act was the crown prosecution service for England and Wales formed?
prosecution of offences act 1985
what is the role of the CPS?
to make charging decisions using e.g. the full code test under the criminal justice act 2003
what test is used for making charging decisions if the full code test can’t be used?
the threshold test
how does the CPS use the police
the police can advise the investigating officers on the evidence needed to build a case to bring a charge.
The CPS asses the evidence submitted by police and decide whether to charge.
why is the relationship between CPS important
for a guilty verdict to be reached there must be sufficient evidence.
describe the relationship between the CPS and courts
the CPS prepares and presents cases in court. prepares cases for the attorney general to refer lenient sentences to the court of appeal under the unduly lenient sentences scheme.
what is the ministry of justice?
a government department responsible for different parts of the justice system.
what is the principle role of the criminal courts
to ensure administration of justice in criminal proceedings. impose formal punishments where necessary.
how do courts use the police
CPS build a case with help from investigating officers. this evidence gathered is used to charge a suspect in court. police officers may also be called to give evidence in court (on behalf of prosecution). police can protect vulnerable witnesses. work with courts to deliver suspects safely. police can ask magistrates to deliver arrest warrants or search warrants.
who may the courts work with when disposing cases
legal professional like solicitors and barristers. (present cases)
describe the relationship between the courts and the prison service.
courts impose the formal punishments – prison service manages prison sentences. supervise offenders in custody (protects public). PS ensures defendants in custody appear for trial.
describe the relationship between the probation service and the courts.
courts impose formal punishments – PS manages offenders in the community. provides court with pre-sentence reports.
what is the role of the HM prison service?
- protects public (supervises offenders sentenced to custody)
- supervises those remanded to custody pending trial
- rehabilitation while in custody
describe the relationship between the prison service and probation service
probation service prepares offenders for release + damages them in the community.
what is the role of the probation service.
- supervises offenders in the community
- supervises completion of additional requirements of community orders
- supervisors release on parole
describe the working relationship between courts, police, probation and prisons.
(6 points)
1) PROBATION SERVICE provides courts with pre-sentence reports to help courts sentence offenders.
2) PROBATION SERVICE manages offenders sentenced to community orders by COURTS.
3) PROBATION SERVICE & other agencies, e.g. police attend MAPPA (multiagency public protection arrangements) meetings to assess and report on an offender’s risk to the public.
4) POLICE arrest offenders in breach of community orders or release terms on advice of Probation officers to bring them to court.
5) PROBATION OFFICERS attend court and advise on breaches of community orders.
6) PROBATION SERVICE works with PRISONS to prepare offenders for release on licence. PROBATION SERVICE will supervise them in the community.
