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Wrapped: Criminal Law > C9: Key stakeholders > Flashcards

C9: Key stakeholders Flashcards

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1
Q

Which government department supervises the Police, Crime reduction and Counter-terrorism?

A

The Home Office

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2
Q

Which government department supervises the Courts, Judges, Magistrates, Legal Aid Agency, Legal profession, Prison and Probation?

A

The Ministry of Justice

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3
Q

Which government department supervises the Attorney General, the Solicitor General and the DPP?

A

The Attorney General’s Office.

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4
Q

Who leads each police force?

A

A Chief Constable or a Commissioner.

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5
Q

What is the NPCC?

A

The National Police Chiefs Council

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6
Q

Which two parties commence the most prosections?

A

The police or the Crown Prosecution Service (CPS).

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7
Q

Who do police forces answer to in their local area?

A

Local Police and Crime Commissioners (PCCs) - elected officials charged with being the voice of the people and hold the police to account.

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8
Q

Who is the head of the CPS?

A

The Director of Public Prosecutions (DPP)

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9
Q

What are the responsibilities of the CPS?

A
  • determining which offences should be charged, following the police investigation
  • preparing cases for the Magistrates’ or Crown Court
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10
Q

What are the three levels of a Crown Prosecutor?

A

Senior Crown Prosecutor
Crown Prosecutor
Associate Prosecutor (non-impressionable summary-only offences)

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11
Q

Which piece of legislation created the CPS?

A

s1 Prosecution of Offences Act 1985

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12
Q

Which section of the POA 1985 allows an individual to bring a private prosecution, e.g. RSPCA or Railway companies?

A

s6(1) POA 1985

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13
Q

Which section of the POA 1985 allows the DPP to take over an individual’s private prosecution?

A

s6(2) POA 1985

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14
Q

What must all Crown Prosecutors follow?

A

The Code for Crown Prosecutors

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15
Q

Which two tests can the CPS apply to a case when deciding whether to charge and what the appropriate charge will be, under the Code for Crown Prosecutors?

A

The Threshold Test

The Full Code Test

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16
Q

What are the two stages of the Full Code Test?

A
  1. Evidential stage - sufficient evidence to achieve a realistic prospect of a conviction.

If evidential stage is passed:

  1. Public interest stage - must be in the public interest for the suspect to be charged.

If public interest stage is passed, the case can proceed. If no

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17
Q

What will happen if the Full Code Test is not passed?

A

A trial will not proceed and the Crown Prosecutor will look at an out of court disposal (e.g. paying for damage).

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18
Q

Which 6 factors will be considered in the public interest stage?

A
  1. Seriousness of offence
  2. Suspect’s level of responsibility
  3. harm caused
  4. Suspect’s age/maturity
  5. Impact on the community
  6. Sources of information that require protection.
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19
Q

Somesh is 18 and does not have any previous convictions. He has caused low value damage to a large retail premises. His DNA has been found on broken glass at the scene. Will his case pass the Full Code Test?

A

Evidential: yes, there is enough evidence for a realistic prospect of conviction.

Public Interest: Possibly not, the potential to prejudice him by creating a criminal offence might outweigh the level of harm cause and culpability of the accused.

In this situation, he may just be given an out of court disposal, e.g. paying for damage.

20
Q

What is the Threshold Test and when will it be used?

A

The Threshold Test - where the Full Code Test cannot be met but the overall circumstances of the case justify the making of a charging decision and there are grounds to refuse release of the suspect on bail.

21
Q

When can the Threshold test not be used?

A

It cannot be used for non-imprisonable summary-only offences.

22
Q

What are the 5 conditions to be met under the Threshold Test?

A
  1. REASONABLE GROUNDS to suspect they have committed the offence
  2. FURTHER EVIDENCE can be obtained to provide a realistic prospect of conviction
  3. Circumstances mean an IMMEDIATE CHARGING DECISION should be made
  4. Substantial grounds to REFUSE BAIL
  5. In the PUBLIC INTEREST to charge the suspect

All must be met in order to charge the suspect.

23
Q

What happens after the Threshold Test?

A

More evidence must be gathered and if it is not enough to qualify for the evidential stage under the Full Code Test, the suspect must be released.

24
Q

What 4 important initiatives have the CPS released to prioritise the care of witnesses and victims?

A
  • Casework Quality Standards
  • Code of Practice for Victims of Crime
  • Witness Charter
  • Victim Personal Statements
25
Q

Who does the Code of Practice for Victims of Crime apply to?

A

The CPS
The police
His Majesty’s Courts and Tribunals Service
Witness Care Units

26
Q

Which 5 sets of people are entitled to receive services under the Code of Practice for Victims of Crime?

A
  1. Victims of crime.
  2. Bereaved close relatives of a victim.
  3. The family spokesperson for disabled victims or bereaved families.
  4. Parents of a victim who is under 18 yo.
  5. Businesses that are victims
27
Q

Which victims have enhanced entitlement?

A
  1. Victims of the most serious crimes
  2. Persistently targeted victims
  3. Vulnerable or intimidated victims
28
Q

What is the difference between normal service and enhanced service of the Code of Practice for Victims of Crime?

A

The enhanced service provides info in a much shorter period of time.

29
Q

What is a VPS?

A

A Victim Personal Statements, where the victim or their family reads it aloud at sentence.

30
Q

What must the CPS do if they decide not to prosecute?

A

They must notify the victim/family with the reasons for the decision and how to seek a review of the decision if they are dissatisfied with it.

31
Q

How soon after the the trial must the victim be told of the outcome?

A

Within 1 working day.

32
Q

What is the aim of the Witness Charter?

A

Sets out a standard of care that a witness to a crime can receive.

33
Q

Who does the Witness Charter apply to?

A

The CPS
The police
The courts
The Witness Service
Defence Lawyers

34
Q

What are the 7 main headlines of the Witness Charter?

A
  1. You’ll have a main POINT OF CONTACT
  2. You’ll have a NEEDS ASSESSMENT
  3. Applications for SPECIAL MEASURES will be made on your behalf
  4. Your AVAILABILITY will be taken into account for when you give evidence
  5. You will be told about the COURT and even shown round if you want, before the trial
  6. You can refresh your MEMORY of what you said in your statement in advance
  7. You can claim EXPENSES for travelling to and from court.
35
Q

What is the Prosecutor’s Pledge?

A

10 pledges given to the victim’s family

36
Q

What is the STWAC initiative?

A

The Speaking to Witness at Court initiative gives training to all prosecutors, e.g. reducing a witness’s apprehension about going to court, helping them understand the process and procedures.

37
Q

What is the Witness Care Unit?

A

They act as the single point of contact for victims and witnesses, provide the needs assessment, make arrangements for witnesses and victims and keeps them informed of dates.

38
Q

Which other agencies can investigate and prosecute criminal offences?

A

Financial Services Agency (insider dealing)
Food Standards Agency
Health and Safety Executive
Local authorities (s222 Local Government Act 1972)
National Crime Agency (cyber crime, drug and human trafficking, modern slavery)

39
Q

What is the HMPPS?

A

HM Prison and Probation Service - an executive agency of the Ministry of Justice, which provides offender services in the community and in custody (e.g. manages prisons).

40
Q

If a community order is breached, who might bring breach proceedings in court?

A

The Probation Service. A warning is usually issued before going to court.

41
Q

What is the National Probation Service?

A

It is a statutory criminal justice service that works with prisons, the courts, the police to manage offenders safely.

It:
- prepares pre-sentence reports for courts
- assessors offenders for release

42
Q

What are offenders released on?

A

A licence - the Probation Service is responsible for supervising that licence and encouraging compliance with its conditions.

43
Q

How is a decision of a Parole Board challneged?

A

By way of judicial review.

44
Q

Which body and which teams oversees the youth justice system?

A

The Youth Justice Board (YJB), which monitors Youth Offending Teams (YOTs) across England and Wales.

45
Q

What does the Youth Justice board do?

A

It works to prevent offending and reoffending by young people under the age of 18.

46
Q

When should a youth offender be given a custodial sentence?

A

As a measure of last resort.

Wrapped: Criminal Law (17 decks)

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