AC1.2

Question 1

Brief overview:

Answer 1

• law creation and administration: Acts of Parliament passing criminal laws and the running of the justice system by different government departments.
• law enforcement: by the police
• the courts: decide on outcome of criminal cases (both defence and prosecution), CPS requirements
• punishment of convicted offenders: prisons and probation service
All above work together (collaborative agencies).

Question 2

Summary of the Criminal Justice System

Answer 2

1. Law creation: criminal law is made in parliament i.e., acts of parliament are passed. Judges set judicial precedent for lower courts to follow run by MoJ and Home Office.
2. Police enforce the law that is made by investigating branches of the criminal law. They will arrest a suspect and used their powers of detention and interview. Minor cases: issue caution or fixed penalty other wise send files to CPS to decided prosecution
3. Crown Prosecution Service: will advise the police on evidence needed and lines of inquiry. Then, assess evidence obtain to decide whether to prosecute and what the charge will be (Full Code Test- UNIT 3). Prepares and presents case for prosecution in court. Run by: HM Courts and Tribunals Service.
4. The courts: all cases start at magistrates’ approx. 5% go to Crown Court. D pleads guilty or not guilty, pre-trial issues such as legal aid and bail decided. If guilty plea: sentence hearing. If not guilty plea: trial to be arranged. CPS and defence lawyers present evidence (physical + testimonial). Trial by jury (CC). Sentencing Guidelines produced by Sentencing Council to guide type of punishment if verdict is guilty. Appeal stages.
5. HM Prison Service overseas the welfare of prisoners. HM Inspectorate of Prisons is an independent body that reports on the conditions and treatment of those prisons
6. When released from prison, a prisoner is usually on license and is subject to supervision by the probation service. Any breach may result in a return to prison

Question 3

Relationship between agencies: The Police and the CPS

Answer 3

Police:
The courts- giving evidence as prosecution witnesses, providing protection for vulnerable witnesses, holding defendants in prison cells and transporting them to and from court

The CPS- Providing evidence for the prosecution, charging offenders in line with CPS instructions

HM Prison and Probation Services- Police 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 cooperated with this agency in managing the list of child sex offenders living in their area.

Voluntary organistations- e.g., referring victims and witnesses of crime to Victim Support, women’s refugee and the witness service etc.

CPS:
The police- advise on possible lines of enquiry and evidence collection to build a case instructing them on charging suspects

The courts- preparing and presenting the prosecution case against the offender, preparing appeals against unduly lenient sentences

Question 4

Relationship between agencies: Government departments and HM Courts and Tribunals

Answer 4

GD:
The courts, the prison and probation service- through HM Courts and Tribunals Service and the HM Prison and Probation Service, the Ministry of Justice is the department responsible.

The police- Where the Home Office is the department responsible e.g., for setting national policing priorities.

Government departments provide funding for these parts of the justice system. These funds come out of general taxation.

HMCT:
Courts and judges- Supervising the efficient running of the courts system: funding the individual courts

HM Prison Service- holding prisoners attending court, pending their transfer/return to the prison, arranging video recordings and live links for prisoners giving evidence in court.

Question 5

Relationship between agencies: The National Probation Service and HM Prison Service

Answer 5

TNPS:
HM Prison and the Parole Board- Supervising prisoners who are released on license

The Courts- Preparing pre-sentencing reports on offenders, supervising offenders who have been given a community sentence by the court, supervising drug testing under the court’s orders

HMPS:
The courts- carrying out custodial sentences that the court has imposed on offenders, supervising defendants who have remained in custody (refused bail) by the court, facilitating visits from defence lawyers to their clients in prison.

The police- facilitating interviews with prisoners involved in ongoing police investigations

The National Probation Service- Liaising when a prisoner is to be released from prison on license.

Voluntary organisations- e.g., Victim Support is a charity that liaises with the police, courts and CPS to support victims throughout the stages of an investigation and trial.

Campaigns- TO change the justice system e.g., the Howard league for Penal Reform, the Prison Reform Trust and INQUEST have relationships with the courts, prisons, police, the MoJ and the Home Office.