Ac1.2 Flashcards
What is the procedure of the Criminal justice system? (9)
- Law creation - criminal law is made in parliament
- Police enforce the law that is made by investigating breaches of the criminal law. They will arrest a suspect and use their powers of detention and interview.
- CPS: will advise the police on the appropriate charge
- Suspect brought before the court: all cases start in the magistrates’ court and around 5% go to the crown court
- Defendant released on bail/remanded in custody
- A guilty plea results in sentencing or a plea of not guilty results in a trial. A trial will include witnesses giving evidence. A bench of magistrates or a jury decide the verdict
- If convicted, formal punishment is given by the magistrates or a judge. The Sentencing Council provides guidelines to assist the courts. If a custodial sentence is given the defendant is sent to prison.
- HM prison service oversees the welfare of prisoners. HM Inspectorate of Prisons is an independent body that reports on the conditions and treatment of those in prisons
- When released from a 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.
Overview of the criminal justice system
The criminal justice system is made up of a number of interconnected agencies and organisations.
1. Law creation and administration- creation and passing of laws and the running of the justice system by government departments
2. Law enforcement - enforcing the laws by the police
3. The courts - magistrate and crown court who decide on the outcome of criminal cases
4. Punishment of convicted offenders - prison and probation service
The main agencies of the criminal justice system. Name them
Law creation
The police
The CPS (crown prosecution service)
HM courts and tribunals service
HM prisons and probation service
Law creation
What is the role of the parliament in making laws dealing with crime
Passes acts (legislation or statute law)
Law creation
What is the role of the judges in making laws dealing with crime
Create law by setting judicial precedents that other courts then must follow, and by interpreting the meaning of statutes (statutory interpretation)
Law creation
Which 2 gov departments oversee most of the justice system?
The ministry of justice
The home office
The police
What is the role of the police in enforcing the law
They investigate crimes, collect evidence, and arrest, detain and question suspects
The police
What punishments are the police able to give to offenders
In minor cases, they may issue a caution or fixed penalty notice, they will send the files to the CPS to decide whether to prosecute
The CPS
briefly outline the four stages of the work of the CPS in dealing with a case
- The CPS advises the police in their investigations about lines of inquiry and what evidence is required to build a case
- It assesses the evidence the police submit it and decides whether to prosecute and what charge will be
- It’s decisions are based on applying the Full Code Test to the case
- It prepares and presents the prosecution case in court
HM courts and Tribunals service
Once a suspect is charged, where do they appear
They are brought before the magistrates’ court
HM courts and Tribunals service
What happens when a defendant pleads guilty
Will lead to a sentencing hearing
HM courts and Tribunals service
What happens when a defendant pleads not guilty
Will lead to a trial being arranged
HM courts and Tribunals service
What sentences are being dealt with by the Crown Court
Deals with the serious offences, which are triable by a judge or jury
HM courts and Tribunals service
What does the prosecution present once a case goes to court
Present arguments and evidence for and against the defendant
HM courts and Tribunals service
Who decides the verdict in a trial
The jury (in crown court) or magistrate
HM courts and Tribunals service
Who decides the punishment in trial
The judge or magistrate
HM Prisons and Probation service
What is the role of HM Prison service in carrying out sentences
Supervises offenders in custody
HM Prisons and Probation service
What is the role of the National Probation Service in carrying out sentences
Supervises offenders who are serving their sentences in the community, including prisoners who have been released on licence to serve part of their sentence outside prison
HM Prisons and Probation service
What other role do both HM prison service and national probation service have in dealing with offences
As well as supervising the management and punishment of offenders, the prison and probation services seem to rehabilitate offenders so that they can lead to a crime free life
Prison
Carries out the sentences given to the suspect.
Supervise offenders whilst in custody.
Aim to rehabilitate offenders to prepare them for release.
Work with other agencies offenders’ the court/probation/the police.
122 prisons in England and Wales (included male/female and young offenders’ institution) and 87,726 prisoners in England and Wales.
Guidelines
Produce guidelines on sentencing of the judiciary (judges) and other working professionals (CPS) .
Judges consider various factors when passing sentences:
- repeat offender/first time offender
- plea bargain
- circumstances/seriousness of the case
- risk to the public
- impact on victims
- the guidelines
What is the role of the parliament
They debate and vote on Bills and pass Acts (statute law)
What is the role of the police
They are responsible for enforcing the criminal law. The investigate crimes, collect evidence, and arrest, detain and question suspects
What is the role of the HM courts
Once a suspect is charged, they are brought here. The defendant please guilty/not guilty, and pre-trial issues are decides. Defendant will either be sentenced/acquitted/have a trial date set
What is the role of the HM prisons
They carry out the sentences given to offenders by the courts. They supervise the offenders whilst they are serving their sentence
What is the role of the National Probation Service
They supervise offenders who are serving their sentence in the community, including prisoners who have been released on licence to serve part of their sentence outside prison
What is the role of the sentencing council
They produce guidelines for judges, magistrates and other professionals. These guidelines ensure that the punishment fits the crime and the sentences are consistent
What is the role of the ministry of justice
This government department oversee most of the justice system and they are responsible for its smooth running
What is the role of the campaigns for change
They aim to bring about positive changes to the justice system i.e the Howard league for penal reform/Ann Ming’s campaign/Sarah’s law
The police have relationships with:
The courts
The CPS
HM Prison and Probation service
Voluntary organisations
The police have relationships with:
The courts
The police can be used as expert witnesses to give evidence for the prosecution. They will work with the courts to provide protection for vulnerable witnesses. The police will also hold defendants in cell and transporting them to and from the courts
The police have relationships with:
The CPS
The police work with the CPS to get advise about crime cases, they will inform the CPS of all evidence collected and to charge offenders inline with the CPS instructions
The police have relationships with:
HM Prison and Probation services
Police are responsible for transport and arresting prisoners who have broken through their terms of their licence. The police also work with probation services and the prison to manage a list of child sex offenders in areas due to Sarah’s law.
The police have relationships with:
Voluntary organisations
Referring victims and witnesses to victim support, women’s refugees and witnesses services
The CPS has relationships with:
The police
The courts
The CPS has relationships with:
The police
They will advise the police of possible lines of enquiry and evidence collection to build up a case and informing them of charging instructions
The CPS has relationships with:
The courts
Preparing and presenting the prosecutions case against the offender.
They will also prepare cases for appeals
The Government departments have relationships with:
The courts/prison/probation
The police
The Government departments have relationships with:
The courts/prison/probation
The ministry of justice is responsible for monitoring and supporting the courts,prisons and probation they are also responsible for the funding of these areas
The Government departments have relationships with:
The police
The home office is the department responsible for the police, there role is set national policing priorities and funding
HM Courts and tribunals services have relationships with:
Courts and judges
HM prison service
HM Courts and tribunals services have relationships with:
Courts and judges
Funding of individual courts
Supervising the efficient running of the court system
HM Courts and tribunals services have relationships with:
HM prison service
The prison service will hold prisoners attending court, they will also be responsible for clocking in and out transfer and arranging live interviews if necessary
The National probation service have relationships with:
HM prison service and the parole board
The courts
The National probation service have relationships with:
HM prison service and the Parole board
They will cooperate with the prison to visit prisoners and supervise prisoners who have been released on licence
The National probation service have relationships with:
The courts
- Preparing pre sentence reports
- Supervising offenders who have been given a community order
- Supervising drug testing under court orders
The Prison Service have relationships with:
The courts
The police
The national probation service
Voluntary organisations
Campaigns
The Prison Service have relationships with:
The courts
Carry out custodial sentences, supervising offenders who have been remanded in custody and arranging visits from defence lawyers to clients in prison
The Prison Service have relationships with:
The police
Arrange meetings for ongoing investigations for prisoners and the police
The Prison Service have relationships with:
The national probation service
Cooperating when a prisoner is going to be released from prison on a licence
The Prison Service have relationships with:
Voluntary organisations
- Victim support works closely with the police, courts and CPS to support victims throughout the stages of investigation to the trial
- Other agencies include women in prison and women’s aid
The Prison Service have relationships with:
Campaigns
Many campaign groups work with the prison service to change the justice system. For example the Howard league for Penal reform (1866), the prison reform trust and inquest they work closely with the courts, prisons, police and government departments
The Police have relationships with the following agencies (in detail)
• The Prison service & the National Probation Service as the police will arrest prisoners who have been recalled to prison for breaching the terms of their licence. As a result of Sarah’s law, the police also cooperate with the prison and probation services in managing the list of child sex offenders living in their area
• The Courts as the police can provide protection for vulnerable witnesses; they often give evidence as expert witnesses; they also hold defendants in custody and transport them to and from trials and hearings. The police also apply to the courts for search and arrest warrants.
• The police collaborate with the CPS as they provide evidence for the prosecution of
offenders, charging offenders in live of the CPS instructions
• The police also liaise and work with Campaign groups such as Sarah Payne’s
campaign where they brought about the Child Sex Offender Disclosure Scheme; Bobby Turnball’s campaign where the police liaised for a change in gun licencing laws
The HM Courts & Tribunals Service have relationships with the following agencies (in detail)
• The Prison Service hold prisoners attending court, pending their transfer/return to prison; they also can set up video recordings and live links if a defendant is giving evidence from prison
•The CPS prepare and present the prosecution case against offenders. They may sometimes have to prepare appeals against unduly lenient sentences.
•The police can provide protection for vulnerable witnesses; they often give evidence as prosecution witnesses; they also hold defendants in custody and transport them to and from trials and hearings. The police also apply to the courts for search and arrest warrants.
The National Probation Service have relationships with the following agencies (in detail)
• The prisonservice as they supervise prisoners who are released on licence
• The courts as they prepare pre - sentence reports on offenders; supervise offenders who have been given a community sentence by the court; supervising drug testing under the court’s orders
The HM Prison Service have relationships with the following agencies (in detail)
• The courts as they carry out the iustodial sentences that the court has imposed on
offenders; supervising defendants who have been remanded into custody (refused bail) by the court; facilitating visits from defence lawyers to their clients in prison.
• The police facilitate interviews with prisoners involved in ongoing police investigation
• The National Probation Service liaising when a prisoner is to be released from prison on licence
Voluntary organisations have relationships with the following agencies (in detail)
• Charities such as victim support liaise with the police, the courts and the CPS to support victims throughout the stages of an investigation and trial. Other voluntary organisations include Nacro, Women in Prison and Women’s Aid
• 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 Ministry of Justice and the Home Office
