AC1.2 - Describe the organisation of The Criminal Justice System in England and Wales.

Question 1

Law Creation and Administration

Answer 1

• Passing of criminal law by Parliament and running of the justice system by Government departments.

Question 2

Law Enforcement

Answer 2

• The Police

Question 3

The Courts

Answer 3

• Including prosecution and defence-decide the outcome of criminal cases.

Question 4

Punishment of convicted offenders

Answer 4

• By the prisons and probation service.

Question 5

The role/s of Law creation

Answer 5

• Parliament passes Acts.

- Judges create law by setting judicial precedents for other courts to follow and by statutory interpretation.

Question 6

The role/s of the Police

Answer 6

• To enforce criminal law.
• Investigate crimes.
• Arrest, detain, and question suspects.
• In minor cases, they can give fixed penalty notices or cautions.
• They sometimes also send files to the CPS to let them decide whether or not to prosecute.
• 43 regional police forces in England and Wales.

Question 7

The role/s of Her Majesty’s Courts and Tribunals Service

Answer 7

• Responsible for the administration of the courts and tribunals in England and Wales.
• When a suspect is charged, they go before the Magistrate’s court to plead guilty/not guilty.
• Pre-trial issues such as bail and legal aid are decided.
• Guilty plea = lead to sentencing hearing.
• Non-guilty plea = lead to a trial being arranged.
• Evidence is testimonial (witness statements), physical (weapons, stolen goods).
• Offenders can appeal against conviction.
• Magistrate’s Court - Deals with less serious offences (95% of ALL cases).
• Crown Court - Deals with serious offences, trialled by judge (decide the sentence e.g. custodial, community) and jury (decide the verdict).

Question 8

The role/s of Her Majesty’s Prison and Probation Service

Answer 8

• Carries out sentences given to offenders by the courts.
• Prison Service - supervises offenders in custody.
• Probation Service - supervises offenders who are serving their sentences in the community, including prisons who have been released on license to serve part of their sentence outside prison.

Question 9

Police: Relationships

Answer 9

• The Courts - give evidence as prosecution witnesses, protect vulnerable witnesses, hold defendants in police cells, transport defendants to and from court.
• CPS - provide evidence for prosecution, charge offenders in line with CPS instructions.
• Prison and Probation Services - arrest prisoners recalled to prison, cooperate with prison and probation services in managing the list of child sex offenders living in the area.
• Voluntary Organisations - refer victims and witnesses to Victim Support, refuges, and witness services.

Question 10

The Crown Prosecution Service: Relationships

Answer 10

• The Police - advise on lines of enquiry and evidence collection to build a case, instruct the police on charging suspects.
• The Courts - prepare and present the prosecution case against offenders, preparing appeals against unduly lenient sentences.

Question 11

Government Departments: Relationships

Answer 11

• The Courts, Prison and Probation Services - The Ministry of Justice is the department responsible.
• The Police - Where the Home Office is the departments responsible e.g. for setting national policing priorities, Government departments provide funding for these parts of the justice system out of general taxation.

Question 12

HM Courts and Tribunals Services: Relationships

Answer 12

• The Courts and Judges - supervising the efficient running of the courts system, funding the individual courts.
• HM Prison Service - holding prisoners attending court, pending their transfer or return to prison, arrange video recordings and live links for prisoners giving evidence from prison.

Question 13

The National Probation Service: Relationships

Answer 13

• HM Prison Service and Parole Board - supervise prisoners released on licence.
• The Courts - preparing pre-sentence reports on offenders, supervising offenders who have been given a community sentence by the court, supervising drug testing under the court’s orders.

Question 14

HM Prison Service: Relationships

Answer 14

• The Courts - carrying out custodial sentences that the court has imposed on offenders, supervising defendants who have been remanded into custody (refused bail) by the court. Facilitating visits form the defence lawyers to their clients in prison.
• The Police - facilitating interviews with prisoners involved in ongoing police investigations.
• The National Probation Service - Liaising when a prisoner is to be released from prison on license.