Criminal Justice System

Question 1

What are the 3 CJS Principles?

Answer 1

• Adversarial system
• Presumption of innocence
• Level of proof

Question 2

There are 4 key events for the CJS in Britain…

Answer 2

• Phillips Royal Commission 1981
• Runciman Royal Commission 1993
• Labour Government 1997-2010
• Conservative Government 2010-19

Question 3

State the 4 Key agencies within the CJS

Answer 3

Crown Prosecution Service (CPS)
Courts
Police
National Offender Management Service (NOMS)

Question 4

Explain the Crown Prosecution Service (CPS)

Answer 4

oHead of CPS – Director of Public Prosecutions
o 13 geographical areas across E & W
o 4 specialised areas within this = Fraud, Rural welfare and health, special crime and counter terrorism, Organised crime
o Prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
o Independent, and make decisions independently of the police and government.
o Duty is to make sure that the right person is prosecuted for the right offence, and to bring offenders to justice wherever possible.
o The CPS:
 decides which cases should be prosecuted;
 determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations;
 prepares cases and presents them at court; and
 provides information, assistance and support to victims and prosecution witnesses.
o Prosecutors must be fair, objective and independent.

Question 5

Name and explain the 7 different courts within the CJS

Answer 5

o Youth – defendants 10 – 17 years
o County Court – personal injury, breach of contract, divorce, family issues, claims for deaths, repossession of houses
 260 county courts in the country
o Magistrates – vast majority of cases heard here, wide range of civil cases too, also grant betting and alcohol licences, can have family law matters, certain RTCs
o Crown Court – 77 crown courts, heard by a judge, 12 person jury, deal with serious offences
o High Court (of justice)- chancery division, deal with resolution with disputed involving company law e.g. professional negligence
 Under high court can have queen’s bench division (QBD) biggest of three divisions, most varied jurisdiction e.g. personal injury, negligence, human rights
 Family division – divorce, disputes over children, property, money, adoptions, legal matter e.g. forced marriage, female genital mutilation, child abductions
o Court of Appeal- hear appeals through all 3 divisions of high court,
 Administrative court,
o UK Supreme Court – considers major points of law
 Includes appeal cases not heard at other courts

Question 6

Explain the Polices’ role within the CJS

Answer 6

o Protect, assist and reassure the community
o Uphold the law fairly, firmly and with integrity
o Prevent crime
o Keep the Queens peace
o Pursue and bring to justice the law breakers
o Role of a Constable – to protect life and property, to preserve order, to prevent commission of offences, bring offenders to justice, must abide by the code of ethics

Question 7

Explain the National Offender Management Service (NOMS) role within the CJS

Answer 7

o Prison service
o Probation
o Private contractors
o Provide cost effective offender services – community or in custody
o Protect and reduce reoffending
o By providing correct punishment
o Keep public safe by ensuring offenders securely undertake punishment of the courts