AC1.2 Flashcards
What is the criminal justice system divided into?
- Law creation and administration.
- Law enforcement.
- The courts.
- Punishment of convicted offenders.
Roles of the Law Creation Agency
Parliament: passes acts and legislations.
Judges: create new laws by setting judicial precedents. Also integrate the meaning of statutes.
Roles of the Police Agency
Can enforce arrests, question, stop and search.
Role of the CPS Agency
- Have to follow the full code test, evidential test, and public interests.
- Get to decide the charge.
- Present prosecutions case in court.
Role of the Courts Agency
- Hear evidence and make decisions on guilt.
- Judges decide sentences.
Role of the Prison and Probation Service
- Supervising the offender in custody.
- Supervising in the community.
Describe the police’s relationship with the courts
- Ensure defendants in police custody are before the court.
- Police attend the court and give evidence.
- Police can apply for search and warrant arrests.
Describe the police’s relationship with the prison service
- Assist with arrangements of sentencing.
- Arrest prisoner if recalled on license.
- Usually an independent agency that escorts prisoners to prison.
Describe the police’s relationship with the CPS
- Police submit evidence
- Seek advice on charging of suspects.
- Work in prosecuting offenders.
Describe the CPS’s relationship with the courts
- Prepare and present prosecutions case against offenders.
- Preparing appeals against unduly lenient sentence.
Describe the CPS’s relationship with prisons
CPS liaise with prisons to request a prisoners appearance in courts or over video link.
What is the role of the courts?
- Suspect is charged and they’re brought before magistrates court.
- Defendant pleads and pre-trial issues are decided.
- Guilty leads to sentence hearing, not guilty leads to trial being arranged.
Describe the HM courts and tribunal services relationship with courts and judges
- Contributes to law creation.
- Supervises the efficient running of the courts system.
- Funding individual courts.
Describe the HM courts and tribunal services relationship with HMP prison service
- Holding prisoners, attending court, pending transfers or return to prison.
- Arrange video link for prisoners giving evidence from prison.
What is the role of the HM prison service?
To supervise offenders in custody.
HM prison service relationship with the courts
- Carry out custodial sentences that the courts impose on offenders.
- Supervision for people refused bail.
- Visit from defence lawyer.
HM prison service relationship with probation service
- Liaise when a prisoner is to be released on license.
HM prison service relationship with charities
- Prison advice and care trust.
- Women in prisons.
What does the prison reform trust campaign do?
- Create a just, humane and effective prison service.
- Reduce use of prison
- Improve conditions for prisoners.
- Promote equality and human rights.
What does the inquest campaign do?
- End deaths caused by unsafe systems of detention, a lack of care, use of force and institutional failure.
HM probation service relationships with the court
- Prepare pre-sentence on reports.
- Supervise offenders giving a community sentence.
- Supervise drug testing under court orders.
What is the HM probation service role?
To supervise offenders who are serving their sentence in the community.
What is the role of government departments?
Provide funding for parts of the justice system, which come from general taxation.
Government departments relationship with courts, prison and probation service
Ministry of Justice is responsible.
Summary of the criminal justice system process
- Criminal law made in parliament.
- Police enforce law by arresting.
- CPS decide whether there is enough evidence and advise police on charge.
- Defendant released on bail or stays in custody.
- Suspect appears in court.
- Not guilty plea: trial, guilty: sentencing.
- If accused is convicted, formal punishment will be given by magistrates or judge. If custodial sentence is given, defendant is sent to prison.
- HM prison service oversees welfare of prisoners.
- Prisoner released on license and supervised by probation service.
