Describe the organisation of the criminal justice system - AC 1.2 Flashcards
What is the criminal justice system in England and Wales made up of?
A number of interconnected organisations and agencies
What are the divided main parts of the criminal justice system?
Law creation and administration - passing of the criminal laws by parliament and government departments
Law enforcement by the police
The courts decide the outcome of criminal cases
Punishment of convicted offenders by prisons and probation services.
How are parliament and judges involved in the making of laws?
Parliament - Have to go through 7 stages to create a new law and all three parts of parliament participate, and the Monarch only sign.
Judges - Bound by the laws by their superior judges, they infer what parliament meant in the new law
What are the government departments that oversee most of the justice system?
Ministry of Justice
Home Office
What was the act that established the CPS?
Prosecution of offences act (1985) - but was set up in 1986
Briefly describe the tests used by the CPS to decide whether or not to charge a suspect?
Full code test
Evidential stage - is there enough evidence to prosecute
Public interest stage - is it in the public interest to prosecute
Threshold stage - if the evidential stage does not have enough evidence they can still prosecute, last attempt to prosecute.
How is the CPS funded?
through the government
How are the police funded?
the local public’s taxes goes towards funding
Government
Services eg. local football matches to raise money
what are the 4 main aims of the police?
Prevent, detect and investigate crime
Keep peace and maintain order
Protect property
Bring offenders to justice
What are the police responsible for?
Enforcing the criminal law, investigate crimes, collect evidence, and arrest, detain, and question suspects
How many regional police forces are there in England and Wales?
43
How many cases to the CPS deal with approximately each year?
Half a million
What does the CPS do?
Advise the police in their investigations and what evidence they’re looking for
Assess the evidence the police submit
decides whether or not to prosecute and what the charge will be
Decisions are bases off the full code test
prepares and presents the prosecution case in court
What are HM courts and Tribunals service responsible for?
The administration of the courts and tribunals in england ans wales
What happens when a suspect is charged?
Brought before the magistrates court and plead guilty or not guilty, and pre-trial issues such as bail and legal aid will be decided.
Guilty pleas - sentence hearing
Not-guilty pleas - Trial being arranged
What do prosecution and defence lawyers do?
present arguments and evidence for and against the defendant. The evidence will be testimonial, physical or both.
Who decides the verdict?
The jury in crown court and the magistrates in the magistrates court
What happens if the suspect is decided as guilty?
The judge/magistrates will decide the punishment.
These can be custodial or community, fines or a discharge.
Offenders can appeal against their conviction/sentence
What does His Majesty’s (HM) Prison and probation service do?
Carries out sentences given to offenders by the courts.
HM prison service supervises offenders in custody
the National Probation Services supervise offenders who are serving their sentences within the community. They also seek to rehabilitate offenders as well.
Who does the Police have a relationship with?
Courts
CPS
HM Prison and Probation Services
Voluntary Organisations
Who does the CPS have a relationship with?
Police
Courts
Who does the government departments have a relationship with?
Courts, prison service and probation service
Police
Who does the HM courts and Tribunal service have a relationship with?
Courts and Judges
HM Prison service
Who does the National Probation Service have a relationship with?
HM Prison service and the Parole board
Courts
Who does the HM Prison Service have a relationship with?
Courts
Police
National Probation Service
Voluntary Organisations
Campaigns
