ORGANISATION OF THE CJS Flashcards
What are the FOUR main parts the CJS can be divided into
- LAW CREATION / ADMINISTRATION
–> government, judges, ministry of justice - LAW ENFORCEMENT
–> police - THE COURTS
–>CPS, defence - PUNISHMENT
–> Prisons, Probation Service
What occurs during LAW CREATION
(Parliament, judges, MoJ)
PARLIAMENT passes acts (legislation and statute law).
JUDGES create law by setting judicial precedents for other judges to follow, and by interpreting the meaning of statutes.
This system is administered by the MINISTRY OF JUSTICE (MoJ) and the HOME OFFICE which is responsible for the CJS running smoothly.
What occurs during LAW ENFORCEMENT
(police)
The POLICE are responsible for enforcing the law. They investigate crimes, collect evidence, arrest, detain and question suspects. They have the power to issue cautions or fixed penalties, e.g. fines. In more serious cases, they send evidence to the CPS for prosecution.
What occurs within the COURTS
(CPS)
The CPS is an independent prosecution service for England and Wales. They are responsible for deciding whether a case should go to court or not. They:
- Advise police on lines of inquiry and evidence needed
- Assess evidence and decide if they should use it to prosecute and with what charges
- Apply the full code test to finalise their decisions
- Prepare and present the prosecution case in courtW
What occurs within the COURTS
(Magistrates, crown court, sentencing council)
When charged, a suspect is taken to the magistrates court where they will plead guilty / not guilty. Less serious crimes will be tried in the magistrates whilst more serious ones will be put forward to the crown court.
The CPS (prosecution) and defence lawyers present evidence during a case and a verdict is given. The sentencing council will advise on sentencing guidelines.
Offenders can appeal and be sent to the court of appeal.
What occurs during FORMAL PUNISHMENTS
(Prisons, Probation service)
Guilty verdicts can result in the offender being fined, receiving a suspended sentence or a custodial sentence.
The UK has 117 prisons ranging from category A-D depending on the severity of the crime.
The probation service will oversee who are serving their sentences in the community, including those released on parole.
As well as supervising offenders, the probation service seeks to rehabilitate offenders so they can lead a crime free life.
Describe the relationship between the POLICE and the CPS
- Police take advice on charging suspects and whether more evidence is needed for a prosecution.
- Police provide the CPS with evidence required to build a case
Describe the relationship between the POLICE and the COURTS
- The police provide the courts with both physical and testimonial evidence relating to the case.
- The police will transport and hold defendants when travelling to and from court.
Describe the relationship between the POLICE and the PRISONS
- Police will arrest individuals who breach the terms of their parole or suspended sentence and will transport them to prison.
Describe the relationship between the POLICE and the PROBATION SERVICE
- Police will arrest offenders who go awol and will send them back to prison when notified of behaviour by the probation service.
Describe the relationship between the CPS and the COURTS
- The CPS and defence will confer with their clients to decide if a guilty plea is best suited.
- Goodyear hearings allow the defence to understand the likely sentence that will be given by the courts if the defendant pleads guilty.
Describe the relationship between the PRISONS and the COURTS
- Prisons will keep the courts updated on a prisoners behaviour and if other crimes are committed inside of the prison, their sentence may be extended by the court.
- Prison officers will transport offenders to and from court for hearings and trials.
Describe the relationship between the PROBATION SERVICE and the COURTS
- The probation service will update the courts with any breaches in licence conditions an will also prepare reports to provide to the court on a prisoner’s behaviour.
