LO1 - AC 1.2 Flashcards
What agencies are involved in Law creation ?
- Parliament passes Acts - legislation of statute law
- Judges create law - by setting judicial precedents fr other courts to follow and by interpreting the meaning of statutes
What is the role of the police ?
- Their role is to enforce criminal law.
- They investigate crimes.
- They arrest, detain and question suspects.
- In minor cases they issue cautions or give fixed penalty notices.
- In most cases they will send files to the CPS to let them decide whether or not to prosecute.
- There are 43 regional police forces in England and Wales.
Describe the organisation and role of agencies involved in HM courts and Tribunal Service
- Responsible for the administration of the courts and tribunals in England and Wales
- When suspect is charged they plead guilty or not guilty
- Pre trial issues such as bail and legal aid are decided
- Guilty plead will lead to a sentencing hearing
- Not guilty pleads will lead to a trial arranged
What happens in magistrates court
- This deals with less serious offences - about 95% of all cases
What happens in crown courts
- Deals with serious offences triable by judge and jury
- The prosecution (CPS) and defence lawyers will present a case for and against the defendant.
- Evidence is testimonial (witness statements) physical (weapons, stolen goods) or both.
- The jury (Crown Court) or magistrates will decide the verdict. If guilty, the judge or magistrates will decide the punishment.
- This could be a custodial sentence (prison) or a community sentence eg fine or a discharge. It will be based on the statute and the Sentencing Guidelines produced by the Sentencing Council.
- Offenders can appeal against their conviction and/or sentence.
Describe the organisation and role of HM Prison and Probation Service
- This carries out sentences given to offenders by the courts.
- HM Prison Service: supervises offenders in custody.
- The National Probation Service: Supervises offenders who are serving their sentences in the community, including prisoners who have been released on licence to serve part of their sentence outside prison.
- Rehabilitation is also provided to help offenders lead a crime-free life.
How does the police work with other agencies ?
Police work with;
- The Courts - Give evidence as prosecution witnesses. Protect vulnerable witnesses. Hold defendants in police cells. Transport defendants to and from court
- CPS - Provide evidence for prosecution, charge offenders in line with CPS instructions
- HM Prison and Probation services - Police arrest prisoners recalled to prison for breaching terms of their license. Police cooperate with prison and probation services in managing the list of child sex offenders in their area
How do the CPS work with other agencies ?
- The Police - Advise on lines of enquiry and evidence collection to build a case, instruct the police on charging suspects
- The Courts - Prepare and present the prosecution case against offenders-preparing appeals against unduly lenient sentences
How does the HM courts work with other agencies ?
- The courts and Judges - Supervising the efficient running of the courts system: funding the individual courts
- HM prison service - Holding prisoners attending court, pending their transfer or return to prison. Arrange video recording and live links for prisoners giving evidence from prison
How does the National Probation service work with other agencies ?
- The HM Prison Service and the Parole Board - Supervise prisoners released on license
- The courts - Preparing pre-sentence report on offenders; supervising offenders who have been given a community sentence by the court; Supervising drug testing under the courts orders
How does the HM Prison Service work with other agencies ?
- The courts - Carrying out custodial sentences that the court has imposed on offenders; supervising defendants who have been remanded in custody (refused bail) by the court. Facilitating visits from defence lawyers to their clients in prison
- The Police - Facilitating interviews with prisoners involved in ongoing police investigations
- The National Probation Service - Liaising when a prisoner is to be released from prison on license
