AC1.2 Describe the Organisation of the Criminal Justice System Flashcards
What is the role of parliament in making laws to deal with crime?
Parliament passed legislation and statute law making actions a crime
What is the role of judges in making laws dealing with crime?
Judges create law by setting judicial presidents and through the use of statutory interpretation
What are the two main government departments oversee most of the justice system?
The Ministry of Justice
The Home Office
What is the role of the police in enforcing the law?
The police are responsible for enforcing criminal law. They investigate crimes, collect evidence, and arrest, detain and question suspects.
What punishments are the police able to give out?
The police are able to caution or hand out fixed penalty notices
What is the Criminal Prosecution Service?
The Criminal Prosecution Service is an independent prosecution for England and Wales dealing with about half a million cases a year
Outline the 4 stages of the work of the CPS in dealing with a case
Advise the police in their investigation
Assesses the evidence the police submit and decides whether or not to prosecute and what charge
It’s decisions are based on the Full Code Test
Prepares and presents the prosecution case in the court
Once a subject is charged, where do they appear?
Magistrates’ court for the Pre-trial hearing
What happens when a defendant pleads guilty?
They will be sentenced
What happens when a defendant pleads not guilty?
A trial will be arranged where evidence will be presented to determine the guilt of the defendant
Which offences are dealt with by the Crown Court?
Indictable offences, such as murder, tape or manslaughter
Where does the prosecution present once a case goes to court?
In court once the trial reaches the court
Who decides the verdict in a Magistrates’ Court trial?
Magistrates’ Panel - usually 3 magistrates with an odd number to prevent a tie in verdict
Who decides the verdict in a Crown Court trial?
A jury where 12 people must reach a unanimous decision, or in some cases, the judge may allow an 11-1 majority decision
Who decides the punishment in a Magistrates’ Court trial?
The Magistrates Panel
Who decides the punishment in a Crown Court trial?
The Judge
13: What is the role of HM Prison Service in carrying out sentences?
HM Prison and Probation Service carries out the sentences given to offenders by the court.
HM Prison Service supervises offenders in custody
14: What is the role of the National Probation Service in carrying out sentences?
It supervises offenders who are serving their sentences in community, including offenders released on licence.
15: What role do both HM Prison Service and the National Probation Service have in dealing with offenders?
The supervision of offenders
Describe the relationship of the police and the CPS
The police investigate incidents and collect evidence and provide it to the CPS for the prosecution of offenders
Describe the relationship of the police and the courts
The police have some involvement in almost all court cases. They play a crucial role in giving evidence as prosecution witnesses.
Describe the relationship of the police and the Prison and Probation services
The police will arrest prisoners who have been recalled to prison for breaching the terms of their licence. The police will often transport the individuals to the relevant prison.
Describe the relationship of the CPS and the Police
The CPS advises the police on possible lines of enquiry and evidence collection. They provide 24/7 support and advice. They use the Full Code Test before proceeding. The CPS instructs the police on charging suspects.
Describe the relationship of the CPS and the courts
The CPS prepares and presents the prosecution case against offenders. The CPS also prepares appeals against unduly lenient sentences