Ac 1.2: Describe The Organisation Of The Criminal Justice System In England & Wales Flashcards
What are the agencies to discuss in this booklet?
Law creation, the police, the crown prosecution service (cps), the courts and HM prison service & probation service
What is parliaments role in law creation?
Parliament creates laws and government administrates laws.
What is the judges role in law creation?
Hear evidence in criminal courts, make rulings, pass sentences.
What two governmental departments oversee most of the justice system and are responsible for its smooth running?
House of Commons and house of lords
What is the role of the police within the criminal justice system?
The police are responsible for enforcing criminal law. They investigate crimes, collect evidence, make arrests, detain and question suspects - can issue cautions/penalty.
What is the role of the crown prosecution service?
They advise the police in their investigations, assess the evidence police submit and decide whether to prosecute and what the charge will be. Its decisions are based on applying the full code test. It also prepares and presents the prosecution case in court.
When was the cps set up?
1986
What is the courts role within the criminal justice system?
Suspect is charged and brought before the magistrates court. Guilty plea - sentencing hearing. Not guilty plea - a trial is arranged.
What is the HM prison service role in the criminal justice system?
Supervise offenders in custody, 117 prisons in England and Wales, 104 = government run, 13 = run by private companies, currently around 93,000 people in prison.
What is the probation service role in the criminal justice system?
Supervise offenders who are serving their sentence in the community, including those who have been released on license to serve part of their sentence outside prison. Aims to rehabilitate.
What is the police relationship with the courts?
They give evidence as prosecution witnesses; providing protection for vulnerable witnesses; and hold defendants in cells and transport them to/from court.
What is the police relationship with the CPS?
They provide evidence for the prosecution of offenders; charging offenders in line with CPS instructions.
What is the police relationship with HM prison service & probation service?
They will arrest prisoners who have been recalled to prison for breaching the terms of their license. As a result of Sarah’s Law, the police also cooperate with prison and probation services in managing the list of child sex offenders.
What is the CPS relationship with the police?
They advise the police on possible lines of enquiry and evidence collecting to build a case. They then instruct them on charging a suspect.
What is the CPS relationship with the courts?
They prepare and present the prosecution case against offenders; they prepare appeals against unduly lenient sentences.
What is the HM courts and tribunals service relationship with the courts and judges?
They supervise the efficient running of the courts system and fund the individual courts
What is the HM courts and tribunals service relationship with HM prison service?
They hold prisoners attending court, pending their transfer or return to prison. They also arrange video recordings and live links for prisoners giving evidence from prison.
What is the national probation service relationship with HM prison service and Parole Board?
They supervise prisoners who are released on license
What is the national probation service relationship with the courts?
They prepare pre-screening reports. They supervise offenders who have been given a community sentence by the court and supervise testing under the courts orders
What is the HM prison service relationship with the courts?
They carry out custodial sentences that the court has imposed and supervise defendants who have been remanded in custody by the court. They also facilitate visits from defence lawyers to their clients in prison.
What is the HM prison service relationship with the police?
Liaise with the NPS when a prisoner is to be related from prison on license
What is the HM prison service relationship with the national probation service?
They facilitate interviews with prisoners involved in ongoing police investigations
What is the sentencing council relationship with the judiciary?
They work with the judiciary and other legal professionals to produce guidelines on sentencing
