AC 1.2 Organisation of the CJS Flashcards
What is the primary role of Parliament in law creation?
Parliament passes acts (legislation and statute law)
Parliament is responsible for creating laws that govern the country.
How do judges contribute to law creation?
By interpreting the meaning of statutes and setting judicial precedent
Judges play a crucial role in the legal system by clarifying laws and establishing legal principles through their rulings.
Which government bodies administer the legal system?
Ministry of Justice and the Home Office
These bodies oversee the functioning of the legal and criminal justice systems.
What are the main responsibilities of the police?
Enforcing the law, investigating crimes, collecting evidence, arresting, detaining, and questioning suspects
The police play a vital role in maintaining public safety and order.
What powers do the police have regarding penalties?
They can issue cautions or fixed penalty notices (fines)
In most cases, the police refer cases to the CPS for prosecution decisions.
What does the CPS stand for?
Crown Prosecution Service
The CPS is responsible for prosecuting criminal cases in England and Wales.
How many cases does the CPS deal with each year?
½ million cases a year
The CPS assesses evidence and decides on prosecution in a significant number of cases annually.
What are the two stages of the full code test used by the CPS?
Evidential stage and public interest stage
These stages help determine whether a case should be prosecuted.
What are the two main types of courts in the HM courts and tribunals service?
Magistrates court and Crown court
These courts handle different types of cases and have varying levels of authority.
What is the role of the Prison and Probation Service?
Carries out sentences given to offenders
This service ensures that offenders serve their sentences and rehabilitate when possible.
What does HM Prison Service do?
Supervise offenders in custody
This service manages individuals who are incarcerated.
What is the function of the National Probation Service?
Supervise offenders who are serving sentences in the community
This includes monitoring individuals who have been released on license.
Describe relationship how the CPS correspond with:
1. police
2. hm courts and tribunals
3. Hm prison service
- Advising on possible lines of enquiry and evidence collection to build a case; instructing them on charging suspects
- Preparing and presenting the prosecution case against offenders; preparing appeals against unduly lenient sentences
- Coordinating for defendant access during investigations
Describe relationship how the Police correspond with:
1. CPS
2. HM courts and tribunals
3. Voluntary organisations
4. HM prison + national probation service
- Providing evidence as prosecution for the prosecution of offenders, charging offenders in line with CPS instruction
- Giving evidence as prosecution witnesses, providing protection for vulnerable witnesses, holding defendants in cells, transportation of offenders
- E.g referring victims/witnesses of crime to victim support, women’s refuges, the Witness service
- Police will arrest prisoners who have been recalled to prison for breaching the terms of their licence. As result of Sarah’s law police cooperate with the prison/probation to manage child sex offender list
Describe relationship how the HM courts and tribunals correspond with:
1. National probation service
1.Holding prisoners attending court, pending their transfer/return to prison; arranging video recordings and live links for prisoners giving evidence from prison
Describe relationship how the HM courts and tribunals correspond with:
1. HM prison service
- Holding prisoners attending court, pending their transfer/return to prison; arranging video recordings and live links for prisoners giving evidence from prison
Describe relationship how the HM Prison service correspond with:
1. Voluntary organisations
2. Police
3. HM courts and tribunals
4. National probation service
- Victim support: charity liaises with police, courts + CPS to support victims through all stages
- Campaigns: To change justice system e.g Inquest
- Victim support: charity liaises with police, courts + CPS to support victims through all stages
- Facilitating interviews with prisoners involved in ongoing police investigations
- Carrying out the custodial sentences set by the courts. Supervising defendants who have been remanded into custody (refused bail) by the court, facilitating visits from defence lawyers to their clients in prison
- Liaising when a prisoner is to be released from prison on licence.
Describe relationship how the Government corresponds with:
1. Police
2. HM courts and tribunals + national probation service + HM prison service
- Where the home office is the department responsible, e.g for setting national policing priorities
- The Ministry of justice is department responsible for overseeing
Describe relationship how the National probation service corresponds with:
1. HM courts and tribunals
2. HM prison service
- Preparing pre-sentencing reports on offenders; supervising offenders who have been given a community sentence by the court; supervising drug testing under the courts orders
- Supervising prisoners released on licence
