AC1.2 Describe the Organisation of the Criminal Justice System

Question 1

What is the role of parliament in making laws to deal with crime?

Answer 1

Parliament passed legislation and statute law making actions a crime

Question 2

What is the role of judges in making laws dealing with crime?

Answer 2

Judges create law by setting judicial presidents and through the use of statutory interpretation

Question 3

What are the two main government departments oversee most of the justice system?

Answer 3

The Ministry of Justice
The Home Office

Question 4

What is the role of the police in enforcing the law?

Answer 4

The police are responsible for enforcing criminal law. They investigate crimes, collect evidence, and arrest, detain and question suspects.

Question 5

What punishments are the police able to give out?

Answer 5

The police are able to caution or hand out fixed penalty notices

Question 6

What is the Criminal Prosecution Service?

Answer 6

The Criminal Prosecution Service is an independent prosecution for England and Wales dealing with about half a million cases a year

Question 7

Outline the 4 stages of the work of the CPS in dealing with a case

Answer 7

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

Question 8

Once a subject is charged, where do they appear?

Answer 8

Magistrates’ court for the Pre-trial hearing

Question 9

What happens when a defendant pleads guilty?

Answer 9

They will be sentenced

Question 10

What happens when a defendant pleads not guilty?

Answer 10

A trial will be arranged where evidence will be presented to determine the guilt of the defendant

Question 11

Which offences are dealt with by the Crown Court?

Answer 11

Indictable offences, such as murder, tape or manslaughter

Question 12

Where does the prosecution present once a case goes to court?

Answer 12

In court once the trial reaches the court

Question 13

Who decides the verdict in a Magistrates’ Court trial?

Answer 13

Magistrates’ Panel - usually 3 magistrates with an odd number to prevent a tie in verdict

Question 14

Who decides the verdict in a Crown Court trial?

Answer 14

A jury where 12 people must reach a unanimous decision, or in some cases, the judge may allow an 11-1 majority decision

Question 15

Who decides the punishment in a Magistrates’ Court trial?

Answer 15

The Magistrates Panel

Question 16

Who decides the punishment in a Crown Court trial?

Answer 16

The Judge

Question 17

13: What is the role of HM Prison Service in carrying out sentences?

Answer 17

HM Prison and Probation Service carries out the sentences given to offenders by the court.

HM Prison Service supervises offenders in custody

Question 18

14: What is the role of the National Probation Service in carrying out sentences?

Answer 18

It supervises offenders who are serving their sentences in community, including offenders released on licence.

Question 19

15: What role do both HM Prison Service and the National Probation Service have in dealing with offenders?

Answer 19

The supervision of offenders

Question 20

Describe the relationship of the police and the CPS

Answer 20

The police investigate incidents and collect evidence and provide it to the CPS for the prosecution of offenders

Question 21

Describe the relationship of the police and the courts

Answer 21

The police have some involvement in almost all court cases. They play a crucial role in giving evidence as prosecution witnesses.

Question 22

Describe the relationship of the police and the Prison and Probation services

Answer 22

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.

Question 23

Describe the relationship of the CPS and the Police

Answer 23

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.

Question 24

Describe the relationship of the CPS and the courts

Answer 24

The CPS prepares and presents the prosecution case against offenders. The CPS also prepares appeals against unduly lenient sentences

Question 25

Describe the relationship of the CPS and the Prison and Probation services

Answer 25

By performing the Full Code Test and building up a robust case it is more likely that the right people are in prison. This creates greater confidence in the overall justice system.

Question 26

Describe the relationship of the Courts and the Police

Answer 26

The police provide protection for vulnerable witnesses. They hold defendants in police cells and transport them to and from court as appropriate. Without the police, the courts would rapidly grind to a halt

Question 27

Describe the relationship of the Courts and the CPS

Answer 27

The CPS applies the Full Code Test before charging someone. If a case doesn’t meet the evidential test and the public interest test then it will not proceed. This saves the court time and reduces costs to the taxpayer

Question 28

Describe the relationship of the Courts and the Prison and Probation services

Answer 28

The HM Courts and Tribunals Service supervises the efficient running of the courts system. It also funds individual courts from its £2 billion annual budget

Question 29

Describe the relationship of the Prison and Probation services and the police.

Answer 29

As a result of Sarah’s Law, the police cooperates with the prison and probation services in managing the list of child sex offenders in their area.

HM Prisons also facilitate interviews with prisoners involved in ongoing police investigations.

Question 30

Describe the relationship of the Prison and Probation services and the CPS

Answer 30

The CPS may need access to prisoners and those on probation. Prisons and the probation services can facilitate the as and when appropriate. This helps the CPS to build up a strong case.

Question 31

Describe the relationship of the Prison and Probation services and the Courts

Answer 31

HM Prison Service holds prisoners attending court, pending their transfer/return to prison. It also arranges video recordings and live links for prisoners giving evidence in court from prison.