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criminology unit 4 > ac1.2 > Flashcards

ac1.2 Flashcards

describe the organisation of the criminal justice system in England and Wales

1
Q

what is the first part of the criminal justice procedure?

A

law creation —> criminal law made in parliament

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2
Q

what is the second part of the criminal justice procedure?

A

police enforce the law by investigating breaches of the criminal law. they will arrest a suspect and use their powers of detention and interview

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3
Q

what is the third part of the criminal justice procedure?

A

CPS will advise the police on the appropriate charge

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4
Q

what is the fourth part of the criminal justice procedure?

A

suspect brought before the court. all cases start in the magistrates’ court and around 5% go to the crown court

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5
Q

what is the fifth part of the criminal justice procedure?

A

defendant released on bail or remanded into custody

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6
Q

what is the sixth part of the criminal justice procedure?

A

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

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7
Q

what is the seventh part of the criminal justice procedure?

A

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

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8
Q

what is the eigth part of the criminal justice procedure?

A

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

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9
Q

what is the ninth part of the criminal justice procedure?

A

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

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10
Q
  1. LAW CREATION
A
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11
Q

what does parliament pass?

A

acts (legislation or statute law)

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12
Q

what do judges create?

A

law

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13
Q

how do judges create laws?

A

by setting judicial precedents that other courts must follow and by interpreting the meaning of statutes

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14
Q

what do other agencies of the CJS have to do?

A

enforce these laws

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15
Q
  1. THE POLICE
A
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16
Q

what do the police do?

A

uphold the law, prevent crime, pursue and bring to justice those who break the law, keep the queens peace, protect the community

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17
Q

what are the police the first agency to become involved in?

A

when someone is suspected of committing a crime

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18
Q

what is the police’s role?

A

investigate and charge suspects

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19
Q

what do the police’s investigations involve?

A

collecting evidence, arresting and detaining suspects, questioning and obtaining statements from suspects and witnesses

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20
Q

what do the police do in minor cases?

A

issue a caution or a fixed penalty notice

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21
Q

what do the police send to the CPS?

A

case files who will decide whether to prosecute or not

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22
Q

what was the total police budget in 2023/24?

A

£17.6 billion

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23
Q

who is most of the police funded by?

A

the central government (taxpayer through income tax etc)

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24
Q

what is the rest of the police funded by?

A

council tax contributions and charging for some services such as policing football matches

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25
how many territorial police forces make the police in E+W?
43
26
what is the largest police force in E+W?
London's Metropolitan police
27
why is there a variety of different specialised departments within the police force?
as they each have their own special role
28
3. THE CROWN PROSECUTION SERVICE
29
what is the CPS responsible for?
prosecuting people in E+W who have been charged with a criminal offence
30
who was the CPS created by?
the Prosecution of Offences Act (1985)
31
what kind of judicial agency is the CPS?
an independent judicial agency
32
who is the head of the CPS?
Max Hill QC
33
who is the CPS funded by?
the government
34
what was the spending total on the CPS in 2022-23?
£713 milliom
35
how does the CPS recover some of its costs/
through the costs that awarded against defendant and by the assets confiscated from criminals
36
what are the 5 roles of the CPS?
1. advise the police in their investigation 2. independently assess the evidence submitted to the police 3. decide whether or not to prosecute and if so what charges to bring 4. prepare the case for the prosecution and present it in court 5. assist and support victims of crime and prosecution witnesses
37
how do the CPS decide whether or not to prosecute?
using the Full Code Test
38
what are the 2 parts of the Full Code Test?
1. the Evidential Test 2. the Public Interest Test
39
what is the evidential test?
is there sufficient evidence?
40
what is the public interest test?
is prosecution in the public interest?
41
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
42
4. THE COURTS
43
how many criminal courts are there in the first instance?
2
44
where do all criminal cases have their first trial?
the magistrates court or the crown court depending on the severity of the offence
45
what are the 3 categories of criminal offence?
1. summary offences 2. triable either way offences 3. indictable offences
46
what are summary offences?
the least serious offences such as speeding and assault
47
where are summary offences tried?
in the magistrates court
48
what are triable either way offences?
mid-level offences such as ABH and theft
49
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
50
what are indictable offences?
the most serious offences such as rape and murder
51
where are indictable offences tried?
in the crown court on indictment
52
what do youth court divisions deal with?
cases where the accused is between 10-18 years old
53
who are magistrates?
lay people who sit as a magistrate voluntarily for a minimum of 26.5 days per year
54
what % of cases do magistrates account for?
97%
55
where are cases sent to when they require sentencing greater than magistrates can give?
the crown court
56
what is the maximum sentence magistrates can give?
6 months or 12 months for 2 or more offences
57
how many people make up a jury in a crown court?
12 lay people
58
what does the jury decide in a crown court?
whether the defendant is guilty or not
59
who imposes the sentence in a crown court?
the judge
60
who is the prosecution barrister employed by?
the CPS
61
who does the defence have advocation from?
a barrister who isn't part of the CPS
62
why are decisions of judges important?
they set a precedent for future cases
63
why are precedents set?
to allow the law to develop consistently and fairly so cases that are alike are treated in the same way
64
when do miscarriages of justice occur?
when someone is found guilty but is later to be found not guilty, for example, the Birmingham Six
65
how do miscarriages of justice usually occur?
due to failures in the CJS to investigate crimes properly or follow the correct procedures
66
who must the magistrate court appeal to if they wish to appeal against a conviction or sentence?
the crown court
67
what can the crown court do with appeals?
reverse, confirm or vary the decision
68
who must the crown court appeal to if they wish to appeal against a conviction or sentence?
the court of appeal
69
what must a defendant have?
leave to appeal
70
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
71
how long should a request must be made?
within 28 days of conviction
72

criminology unit 4 (2 decks)

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