AC1.2 - Describe the organisation of the CJS in England and Wales

Question 1

What is the administration of the system? (Law creation and administration)

Answer 1

Two government departments oversee most of the justice system and are responsible for its smooth running: the Ministry of Justice and the Home Office

Question 2

What is the role of the ministry of justice? (Law creation and administration)

Answer 2

A government run department that oversees most of the justice system, and is responsbile for its smooth running
- HM Courts and tribunals service - responsible for administration of the courts and tribunals in England and Wales
- Probation services
- Prison systems

Question 3

What is the role of the Home Office? (Law creation and administration)

Answer 3

Responsbile for immigration, security, law and order

Question 4

What is the role of the police? (Law enforcement)

Answer 4

• Enforce the criminal law (43 regional police forces in Eng and Wales)
• Investigate crimes and collect and analyse CCTV evdience
• Arrest, detain and question suspects
• Interview witnesses/victims
• May issue cautions/fixed penalty notice or sent to CPS who decide to prosecute

Question 5

What is the role of the CPS?

Answer 5

• Advise police in investigation about lines of inquiry and what evidence is required to build a case
• It assesses the evidence the police submit and decides whether to prosecute and what the charge will be
• Its decisions are based on applying the Full Code Test to the case
• It prepares and presents the prosecution case in court

Question 6

What is the role of the Court?

Answer 6

HM Courts and Tribunals Service is responsbile for the administration of the courts and tribunals in England and Wales
- Once charged, a suspect is brought to the Magistrate’s Court for their plea
- Pre trial: guilty or not guilty plea decided. Bail decided: unconditional, conditional or refusal
- The Magistrate’s is made up of volunteers who hear summary offences. Max sentence for single offence 6 months. 95% of cases heard here. Crown court has a judge and jury, hear indictable offences

The judge’s choice of sentence will be based on a relevant statute and the sentencing guidelines produced by the Sentencing Council. Offenders may appeal against their conviction and/or sentence

Question 7

What is the role of the HM Prison Service? (Formal punishment)

Answer 7

They will supervise offenders in custody as part of the sentence given by the court (both have role of rehabilitation)

Question 8

What are the two types of formal punishment?

Answer 8

Prison and Probation

Question 9

What is the role of the National Probation Service? (Formal punishment)

Answer 9

Supervise offenders in the community including prisoners who have been released on licence to serve some part of their sentence outside of prison. Weekly meetings, check offender understands what they’re there for, responsible for residence, checking they attend unpaid work and supervise drug testing

Question 10

What is the role of campaigns?

Answer 10

• Black Lives Matter
• Harper’s Law
• Clare’s Law
• Sarah’s Law
• # MeTooCampaigns can help change the law and make changes to the CJS and have an impact on punishments that are handed out

Question 11

What is the relationship between the police and courts?

Answer 11

• Police may give evidence in court as a prosecution or defence witness
• Police work with court by providing protection to vulnerable witnesses - minors or someone with mental health problems
• Police hold defendants in police cell in remand and organise transport to court. This is if they have been refused bail before the Magistrate’s hearing
• Police will keep order outside courtroom e.g., Protests

Question 12

What is the relationship between the courts and police?

Answer 12

• Police need approval from courts to keep suspect longer than max 24 hours
• Court need to liaise with police as victims need to be informed of sentencing

Question 13

What is the relationship between the police and CPS?

Answer 13

• Provide evidence to CPS for prosecution of offenders. After investigation would ask if evidence is sufficient/more needed
• Charge offenders in line with CPS instructions
• Build file on behalf of CPS and continue to investigate following charge, in line with directions from CPS
• Support CPS in court, to answer any questions the CPS barristers may have on the case/complete actions e.g., defence have additional disclosure requests

Question 14

What is the relationship between the CPS and police?

Answer 14

• During investigation: CPS advise police on possible lines of inquiry and evidence to build a case - what evidence to find/is credible to guide them to get sufficient evidence for prosecution
• Instruct police on charging offenders. They may advise police on type of offence the suspect may be charged with and which court they could appear in
• Will assess evidence given to them by police for an indictable offence e.g., Full Code Test

Question 15

What is the relationship between the police and prisons?

Answer 15

• If a prisoner is recalled to prison for breaching terms of licence the police will rearrest the offender
• Police co-operate with prison and probation services to manage the list of offenders in the area for high-risk offenders - violent/sex offenders
• May also be required to give information about an offender e.g., personality/mental health

Question 16

What is the relationship between the prisons and police?

Answer 16

• Prisons work with police by facilitating interviews with prisoners involved in ongoing police investigations e.g., discussing case with suspect held on remand. The prison would work with police by arranging time, date and place to facilitate
• If appropriate, suspect may be produced from prison for a police interview - someone will monitor prisoner e.g., guard
• The prison monitors people in prison and gathers intelligence and feeds this back to police
• Prison will notify police of high-risk offenders being released on licence or at the end of their sentence.
• Will organise a date and time for suspect to be at police station - can’t take a victim to do a police line up in prison

Question 17

What is the relationship between the police and probation service?

Answer 17

• Police co-operate with probation services to manage list of sex offenders in the area
• Sarah’s Law requires police to disclose info on people who may be a risk to children following a disclosure request by a parent
• Will share intelligence with probation, which may instigate a recall back to prison if someone is on licence but has been arrested

Question 18

What is the relationship between the probation service and police?

Answer 18

• In the instance an offender breaches their licence, the probation service will inform the police e.g., notified and offender may be returned to prison
• Once the court have issued a warrant the Police will arrest the person on behalf of the probation service
• The probation service will provide intelligence to the police regarding concerns e.g., using substances again (as this is an indicator of criminal activity)

Question 19

What is the relationship between the police and voluntary organisations?

Answer 19

• Police usually refer victims and witnesses of crime to victim support
• Police may refer women who are victims of DV to women’s refuges to keep them sage
• Police may refer victims of honour crime to Karma Nirvana, a specialist charity for victims and survivors of honour-based violence and forced marriage
• May refer witnesses to Witness Service for support regarding the process of being a witness, requirements at court

Question 20

What is the relationship between voluntary organisations and the police?

Answer 20

• Victim support help victims to understand their rights and the process from investigation to court. Victim support will orientate a victim in the courtroom before trial. This helps the police, as victims are able to give their best advice
• Organisations such as Howard League for Penal Reform & Inquest have worked with the police to improve practices. They have worked together in research before making recommendations to improve practices such as reducing deaths in police custody, changing age of ‘child’ in police custody from 17–>18

Question 21

What is the relationship between the Courts and CPS?

Answer 21

• The court will check the evidence is admissible on the pre-trial hearing e.g., Colin Stagg case thrown out
• The court ensure a fair trial takes place on behalf of the CPS
• The court will sentence the suspect if they are found guilty

Question 22

What is the relationship between the CPS and Courts?

Answer 22

• Prepare and present prosecution cases against offenders
• CPS will provide the evidence needed for the burden of proof to be made
• CPS will present facts in issue and relevant facts
• Will need CPS to present case for a criminal trial - CPS will inform court about facts in issue and what relevant facts are –> Meredith Kercher
• Prepare appeals against unduly lenient schemes

Question 23

What is the relationship between the courts and prisons?

Answer 23

BEFORE/DURING TRIAL
- Organise video links if giving evidence from prison
- May order an offender to be held on remand (refuse bail). If the offender was at risk of breaching condition e.g., talking to a witness

AFTER TRIAL
- May pass a custodial sentence to an offender and provide details of sentence to prisons - severity of crime, offence, length

Question 24

What is the relationship between prisons and courts?

Answer 24

BEFORE/DURING TRIAL
- Organise video links if necessary - during COVID limited amount of people in one room
- Supervise offenders who have been remanded in custody by courts
- Facilitate visits from defence lawyers to their clients in prisons

AFTER TRIAL
- Supervise the offender for the duration of their sentence, as passed by courts. If they are not complying to sentence prison might get back in touch with courts

Question 25

What is the relationship between the courts and probation?

Answer 25

• Court can use pre-sentence report to decide in the sentence for the offender
• Courts will inform the probation service on the community sentence given including length of sentence and requirements

Question 26

What is the relationship between probation and the courts?

Answer 26

• Provide pre-sentencing reports on offenders. (an impartial report assessing the reasons for a person’s offending, and proposing actions to be taken to reduce the risk of further offending)
• Supervise offender given community sentences by court
• Supervise drug testing under court orders on behalf of the court
• If offender breaches terms then the probation might inform court and send offender back for re-sentencing e.g., not going to meetings/unpaid work

Question 27

What is the relationship between the courts and charities/voluntary organisations?

Answer 27

• Court may adhere to charities requests and take measures to make victim more comfortable - screen/different door
• This may include court allowing charities to have access to the courtroom when its not in session
• Familiarises the victim with the layout of the court and what to expect

Question 28

What is the relationship between charities/voluntary organisations and the courts?

Answer 28

• Charities work with court on behalf of victims e.g., making sure they’re comfortable with environment beforehand
• Howard League for Penal Reform & Inquest have worked with courts in the past to make changes to the legal system and in some instances, represent clients in court

Question 29

What is the relationship between prison and probation?

Answer 29

• Liaise with probation when a prisoner is set to be released from prison on licence. Have to inform on parole hearing and time for probation office to meet with offenders
• The prison will provide a space for visits with the offender to prepare them for release
• The prison will notify the probation service on dates of parole hearings, to prepare their reports

Question 30

What is the relationship between probation and prisons?

Answer 30

• Probation may request information from prison - if they’ve done any courses e.g., anger management. Their behaviour, if they had a job in prison
• Following release, the probation service may keep in touch with the prison

Question 31

What is the relationship between the prisons and campaigns/voluntary organisations?

Answer 31

• Prisons may liaise with these charities and campaigns to implement changes in their working practices/conditions/system
• The prison will enable charities such as Howard League for Penal Reform and the prison trust to conduct research by speaking to those in prison and staff to make improvements

Question 32

What is the relationship between campaigns/voluntary organisations and prisons?

Answer 32

• Voluntary organisations such as Women’s Aid and Women’s in Prison & Nacro may work with prisons. Women in prison advocate for safe non-judgemental spaces for women to build friendships and do workshops. Campaigns such as Howard League for Penal Reform & Inquest have tired to change the justice system including prisons - improving prison conditions and educaiton/training
• Howard… ‘books for prisoners’ overturn restrictions on sending books to people in prison. rights-based approach - restorative approaches everyday fairness

Question 33

What is the relationship between government departments and courts, prison service, probation and police?

Answer 33

• Government departments provide funding to those parts of the justice system through taxation

COURTS, PRISON SERVICE AND PROBATION
- Promote consistency in sentencing while maintaining the independence of the judiciary
- Through HM Courts and Tribunal Service and HM Probation Service - The Ministry of Justice set rules and regulations for these services
- These services will act in accordance to the rules set and will update practices according to new regulations

POLICE
- The Home Office is responsbile for the police. They might set them with national policing priorities
- Between 2010-15 the government wanted the police to tackle organised crime