How the Criminal Justice System works Flashcards
Adversarial system
Legal system in England and Wales where 2 ‘advocates’ represent their parties (victims or accused) case or position before an impartial person (magistrate or judge) or group of people (jury) who attempt to determine the truth and pass judgement accordingly
CPS - Crown Prosecution Service
Prosecute criminal cases that have been investigated by the police and other investigation organisations
Independently make decision to police and government
Magistrates court
Summary only offence - maximum of 6-12 months and /or a fine (only if brought within 6 months of date of offence)
Either way offence - summary or indictable offence (crown)
Magistrates court individuals and offences
Motoring offences
Minor criminal damage
Drunk and disorderly
District Judge and 3 magistrates
Crown Court
Serious offences:
Murder
Rape
Robbery
Trial by judge and jury
Youth Court
Special magistrates court
Deal with all but the most serious charges against juveniles
Aged 10-17 (under 16 or instructed by court require parent or guardian)
Not open to the public
Specially trained
Victim has to apply to be present
Police role in the CJS
Initiate criminal proceedings Duty to investigate Collect evidence Arrest suspects Safeguard Diligence and impartiality Preserve the peace Uphold Human Rights Prevent offence against person and property Early intervention with the CPS
Who decides the law?
Legislation Statute Law Common Law Acts of Parliament Statutory Instruments By-Law
How are laws made?
Step by step process: Bill Present for debate House of Commons House of Lords Bill approved in same form from both house Royal Assent
Law determines where a trial takes place, depending on:
Age of offender
Seriousness of offence
Suspect Views
Actus Reus and Mens Rea
Actus Reus - the guilty act
Mens Rea - the guilty mind
