AC1.2 Describe the organisation of the CJS in England & Wales Flashcards
what is CJS made up of?
- law creation and administration
- law enforcement
- the courts
- punishment of convicted offenders
what are the main agencies involved in law creation and their roles?
a. parliament - passes acts
b. judges - create law by setting judicial precedents that other courts must then follow, and interpret the meaning of statutes
which two government departments oversee most of the justice system?
the ministry of justice
the Home Office
what is the role of the police in enforcing law?
responsible for enforcing the criminal law
investigate crime and collect evidence
arrest, detain and question suspects
what punishments are the police able to give to offenders?
minor cases - may issue caution or fixed penalty notice
in all other cases they will send the files to the CPS to decide whether to prosecute
briefly outline the 4 stages of work of the CPS in dealing with a case?
- advise police in their investigation - about lines of enquiry and what evidence is required to build a case
- assesses the evidence the police submit. decides whether to prosecute and what the charge will be
- its decisions are based on applying the full code test to the case
- prepares and presents the prosecution case in court
once a suspect is charged where do they appear?
the magistrates court
what happens when a defendant pleads guilty?
leads to a sentencing hearing
what happens when a defendant pleads not guilty?
leads to a trial being prepared
what offences are dealt with by the Crown Court?
serious offences which are triable by judge and jury
what does the prosecution present once a case goes to court?
arguments and evidence for and against defendant
who decides the verdict in a trial?
jury (in crown court) or magistrates
who decides the punishment in trial?
judge or magistrates
what is the role of HM Prison service in carrying out sentences?
supervises offenders in custody
what is the role of the National Probation service in carrying out sentences?
supervises offenders carrying out their sentence in the community
who other role do both HM Prison Service and the National Probation Service have in dealing with offences?
seek to rehabilitate offenders so that they can lead a crime-free life
prison
carries out the sentences given to the suspect
supervise offenders while in custody
aim to rehabilitate offenders to prepare them for release
work with other agencies (e.g. court/probation/police)
how many prisons are there in the UK?
122
National probation service
supervise offenders in the community
write pre-sentence reports to help the court decide the most appropriate sentence
assess offenders in prison
arrange housing accommodation for offenders
ensure offenders are complying to their license conditions
what does national probation service seek to do?
rehabilitate offenders
when was national probation service created?
2014
sentencing council
produce guidelines on sentencing of the judiciary and other working professionals
what factors do judges consider when passing sentences?
repeat offender/ first time offender
plea bargain
circumstances/ seriousness of offence
risk to public
impact on victims
the guidelines
what are the agencies of the CJS?
parliament
judiciary
the police
CPS
HM Courts
HM Prisons
National Probation Service
The Sentencing council
Ministry of justice
Campaigns for change
parliament
they debate and vote on bills and pass acts (statute law)
judiciary
they create law by setting judicial precedents that other courts must then follow, and by interpreting the meaning of statutes
the police
they are responsible for enforcing the criminal law
they investigate crimes, collect evidence, and arrest, detain and question suspects
CPS
they deal with about half a million cases a year
they advise the police in their investigations and they prepare and present cases in court
HM Courts
once a suspect is charged, they are brought to the courts
the defendant pleads guilty/not guilty, and pre-trial issues are debated
defendant will either be sentenced/acquitted/have a trial date set
HM Prisons
they carry out the sentences given to offenders by the courts
they supervise offenders whilst they are serving their sentence
what does the sentencing council ensure?
ensure that the punishment fits the crime and the sentences are consistent
ministry of justice
this government department oversees most of the justice system and they are responsible for its smooth running
campaigns for change
aim to bring about positive changes to the justice system
i.e. ann-ming’s campaign
what agencies do the police have relationships with?
the courts
the CPS
HM Prison and Probation services
voluntary organisations
what is the polices relationship with the courts?
police can be used as expert witnesses to give evidence for prosecution
provide protection for vulnerable witnesses
hold defendants in cell and transport them to and from court
what is the polices relationship with the CPS?
get advice about crime cases
inform the CPS of all evidence collected and charge offenders in line with the CPS instructions
what is the polices relationship with HM Prisons and Probation service?
police responsible for transporting and arresting prisoners who have breached the terms of their license
police work with probation service and prisons to manage a list of child sex offenders in areas due to Sarah’s law
what is the polices relationship with voluntary organisation?
refer victims and witnesses to victim support, women’s refuges and witnesses services
what agencies do the CPS have relationships with?
the police
the courts
what is the CPS relationship with the police?
advise the police of possible lines of enquiry and evidence collection to build up a case
inform the police of charging instructions
what is the CPS relationship with the courts?
prepare and present the prosecutions case against the offender
also prepare cases for appeals
what agencies do governmental departments have relationships with?
the courts/prisons/probation
the police
what is the governmental departments relationship with the courts/prisons/probation?
the ministry of justice is responsible for monitoring and supporting the courts, prisons and probation
responsible for funding these areas
what is the governmental departments relationship with the police?
the home office is the department responsible for the police
their role is to set national policing priorities and funding
what agencies do HM Courts and Tribunal services have relationships with?
courts and judges
HM Prison service
what is the HM Courts and Tribunal services relationship with courts and judges?
funding of individual courts
supervising the efficient running of the courts system
what is the HM Courts and Tribunal services relationship with HM Prison service?
prison service hold prisoners attending court
responsible for transporting offenders and arranging live interviews if necessary
what agencies do National Probation Service have relationships with?
HM Prison service and the parole board
the courts
what is the National Probation Service relationship with HM Prison service and parole board?
they will liase with the prison to visit prisoners and supervise prisoners who have been released on parole
what is the National Probation Service relationship with the courts?
prepare pre-sentence reports
supervise offenders who have been given a community order
supervise drug testing under court orders
what agencies do the prison service have relationships with?
the courts
the police
national probation service
voluntary organisations
campaigns
what is the Prison Service relationship with the courts?
carry out custodial sentences
supervise offenders who have been remanded in custody
arrange visits from defence lawyers to clients
what is the Prison Service relationship with the police?
arrange meetings for ongoing investigations for prisoners and police
what is the Prison Service relationship with the national probation service?
liasing when a prisoner is going to be released from prison on a license
what is the Prison Service relationship with voluntary programmes?
victim support works closely with the police, courts and CPS to support victims throughout the stages of investigation to trial
what is the Prison Service relationship with campaigns?
many campaign groups work with the prison service to change the justice system
for example, the Howard League for Penal Reform (1866)
