ac1.2 Flashcards
describe the organisation of the criminal justice system in England and Wales
what is the first part of the criminal justice procedure?
law creation —> criminal law made in parliament
what is the second part of the criminal justice procedure?
police enforce the law by investigating breaches of the criminal law. they will arrest a suspect and use their powers of detention and interview
what is the third part of the criminal justice procedure?
CPS will advise the police on the appropriate charge
what is the fourth part of the criminal justice procedure?
suspect brought before the court. all cases start in the magistrates’ court and around 5% go to the crown court
what is the fifth part of the criminal justice procedure?
defendant released on bail or remanded into custody
what is the sixth part of the criminal justice procedure?
a guilty plea results in sentencing or a plea of not guilty results in a trial. a trial includes witnesses giving evidence. a bench of magistrates or a jury decide the verdict
what is the seventh part of the criminal justice procedure?
if convicted, formal punishment is given by the magistrate ir judge. the Sentencing Council provides guidelines to assist courts. if a custodal sentence is given the defendant is sent to prison
what is the eigth part of the criminal justice procedure?
HM prison service oversees the welfare of prisoners. HM inspectors of prisoners is an independent body that reports on the ocnditions and treatment of those in prison
what is the ninth part of the criminal justice procedure?
when released from prison a prisoner is usually on licence and is subject to supervision by the probation service. any breach may result in a return to prison
- LAW CREATION
what does parliament pass?
acts (legislation or statute law)
what do judges create?
law
how do judges create laws?
by setting judicial precedents that other courts must follow and by interpreting the meaning of statutes
what do other agencies of the CJS have to do?
enforce these laws
- THE POLICE
what do the police do?
uphold the law, prevent crime, pursue and bring to justice those who break the law, keep the queens peace, protect the community
what are the police the first agency to become involved in?
when someone is suspected of committing a crime
what is the police’s role?
investigate and charge suspects
what do the police’s investigations involve?
collecting evidence, arresting and detaining suspects, questioning and obtaining statements from suspects and witnesses
what do the police do in minor cases?
issue a caution or a fixed penalty notice
what do the police send to the CPS?
case files who will decide whether to prosecute or not
what was the total police budget in 2023/24?
£17.6 billion
who is most of the police funded by?
the central government (taxpayer through income tax etc)
what is the rest of the police funded by?
council tax contributions and charging for some services such as policing football matches
how many territorial police forces make the police in E+W?
43
what is the largest police force in E+W?
London’s Metropolitan police
why is there a variety of different specialised departments within the police force?
as they each have their own special role
- THE CROWN PROSECUTION SERVICE
what is the CPS responsible for?
prosecuting people in E+W who have been charged with a criminal offence
who was the CPS created by?
the Prosecution of Offences Act (1985)
what kind of judicial agency is the CPS?
an independent judicial agency
who is the head of the CPS?
Max Hill QC
who is the CPS funded by?
the government
what was the spending total on the CPS in 2022-23?
£713 milliom
how does the CPS recover some of its costs/
through the costs that awarded against defendant and by the assets confiscated from criminals
what are the 5 roles of the CPS?
- advise the police in their investigation
- independently assess the evidence submitted to the police
- decide whether or not to prosecute and if so what charges to bring
- prepare the case for the prosecution and present it in court
- assist and support victims of crime and prosecution witnesses
how do the CPS decide whether or not to prosecute?
using the Full Code Test
what are the 2 parts of the Full Code Test?
- the Evidential Test
- the Public Interest Test
what is the evidential test?
is there sufficient evidence?
what is the public interest test?
is prosecution in the public interest?
what can be used if the evidence requirements of the full code test can’t be met?
the threshold test can be used where there is reasonable grounds to believe the person committed the offence and they’re awaiting evidence
- THE COURTS
how many criminal courts are there in the first instance?
2
where do all criminal cases have their first trial?
the magistrates court or the crown court depending on the severity of the offence
what are the 3 categories of criminal offence?
- summary offences
- triable either way offences
- indictable offences
what are summary offences?
the least serious offences such as speeding and assault
where are summary offences tried?
in the magistrates court
what are triable either way offences?
mid-level offences such as ABH and theft
where are triable either way offences tried?
either the magistrates court or crown court depending on the plea of the defendant and the sentence that would need to be imposed
what are indictable offences?
the most serious offences such as rape and murder
where are indictable offences tried?
in the crown court on indictment
what do youth court divisions deal with?
cases where the accused is between 10-18 years old
who are magistrates?
lay people who sit as a magistrate voluntarily for a minimum of 26.5 days per year
what % of cases do magistrates account for?
97%
where are cases sent to when they require sentencing greater than magistrates can give?
the crown court
what is the maximum sentence magistrates can give?
6 months or 12 months for 2 or more offences
how many people make up a jury in a crown court?
12 lay people
what does the jury decide in a crown court?
whether the defendant is guilty or not
who imposes the sentence in a crown court?
the judge
who is the prosecution barrister employed by?
the CPS
who does the defence have advocation from?
a barrister who isn’t part of the CPS
why are decisions of judges important?
they set a precedent for future cases
why are precedents set?
to allow the law to develop consistently and fairly so cases that are alike are treated in the same way
when do miscarriages of justice occur?
when someone is found guilty but is later to be found not guilty, for example, the Birmingham Six
how do miscarriages of justice usually occur?
due to failures in the CJS to investigate crimes properly or follow the correct procedures
who must the magistrate court appeal to if they wish to appeal against a conviction or sentence?
the crown court
what can the crown court do with appeals?
reverse, confirm or vary the decision
who must the crown court appeal to if they wish to appeal against a conviction or sentence?
the court of appeal
what must a defendant have?
leave to appeal
who does leave to appeal come from?
the court of appeal or a certificate must be obtained from the trial judge that the case is fit for appeal
how long should a request must be made?
within 28 days of conviction
