The CPS, prison service, probation service, courts and tribunals Flashcards
what is the role of the crown prosecution service?
Advising the police on cases for possible prosecution
Reviewing cases submitted by the police
Where the decision is to prosecute, determining the charge in all but minor cases
Make representations to magistrates regarding suitability of bail prior to a trial or sentence hearing.
Preparing cases for court
If an offender is charged, the CPS is responsible for prosecuting the offence in court
what is the role of the HM national prison service?
HM Prison service keep those sentenced to prison in custody, helping them lead law-abiding and useful lives, both while they are in prison and after they are released.
HM Prison Service runs 109 of the 123 prisons in England and Wales. The other 14 are privately owned by: G4S (x4), Sodexo (x4) and Serco (x5).
In England and Wales, HM prison service is responsible for:
managing prison and probation services
supporting effective offender management
what is the national probation service?
The NPS supervises high-risk offenders released into the community.
It was previously privatised with 21 community rehabilitation companies managing low and medium risk offenders. Since 2020, the NPS is now fully public again.
The priority of the NPS is to: protect the public by the effective rehabilitation of high risk offenders, by tackling the causes of offending and enabling offenders to turn their lives around.
what are the roles of the national probation service?
The NPS is managed by the National Offender Management Scheme and is responsible for commissioning and delivering Prison and Probation services.
They work with around 30,000 offenders a year.
They make sure people serve the sentences and orders handed out by the courts, both in prisons and in the community.
It works with the prison service prior to the release of a prisoner to ensure a smooth transition and the overseeing of those on license.
NPS will monitor and support offenders serving their sentence out of prison.
Offenders will have regular meetings with an offender manager.
Probation also write pre-sentence reports.
They also support and liaise with victims.
They may also work with local Youth Offending Teams in a multi-agency approach.
Anyone released from prison after serving between 2 days and under 2 years must be supervised by the NPS for at least 12 months.
what is the role of the courts?
A court of first instance refers to a court where the case will be tried in full for the first time.
The two courts of first instance for criminal cases are the Magistrates Court and the Crown Court.
The court the case will be heard in is established by the category of defence.
Offences can be divided into three categories:
indictable, summary and triable either way
what is the role of the magistrates court?
95% of all criminal cases are dealt with in full by magistrates.
Magistrates courts:
Try all summary cases
Try any triable either way offences which is decided should be dealt with in the magistrates court
Deal with the first hearing of all indictable offences - they are then sent to the crown court via transfer proceedings
Deal with all side matters connected to criminal cases such as issuing warrants for arrest and deciding bail applications
Magistrates can pass maximum custodial sentences of up to 12 months.
They can also impose fines up to a maximum of £5,000.
Cases are heard by magistrates who are volunteer lay persons and cases are usually heard before what is termed a ‘bench’ of three magistrates.
There are a small number of individuals who are legally qualified decision makers who are known as District Judges.
what is the role of the crown court?
The crown court established by The Courts Act (1971).
It is the second criminal court of first instance and hears trials in indictment, including murder, rape, manslaughter and armed robbery etc.
The jury plays an important role in the crown court where the defendant pleads not guilty. It is the jury that having heard the evidence decide whether the defendant is guilty or not guilty beyond reasonable doubt.
The judge decides on the sentence if a verdict of guilty is found by the jury, or if the defendant pleaded guilty to begin with.
what is the role of the youth court?
The Youth Court deals with cases involving 10-17 year olds that are being tried alone.
It is a specialised part of the Magistrates Court.
The case will be heard by three magistrates (one usually female) or by a district judge. It is not open to the public to protect the young people involved in the case.
A hearing in the Youth Court is similar to one in the Magistrates Court, but it is altered to take account the age of the defendant (i.e., refer to defendant by their first name).
A youth court deals with cases like:
theft and burglary
anti-social behaviour
drugs offences
For serious crimes, like murder or rape, the case starts in the youth court but will be passed to a Crown Court.
The court can give a range of sentences including:
Community sentences
Detention and Training Orders carried out in secure centres for young people
what is the role of a judge?
The trial system is adversarial, which means that the parties run their cases, with the judge acting as referee.
The judge has to ensure, as far as possible, that the jury understands the evidence and the issues.
The judge will deal with any points of law that have to be decided and will advise the jury on how to apply the law to whatever facts they find.
The judge will advise the jury on procedure and will explain their duties.
The judge will ensure a fair trial and ensure it is human rights compliant.
The judge will pass sentence if the defendant is found guilty.
Under the criminal justice act 2003, it is possible for a judge to sit alone, without a jury, to determine a verdict.
what is the role of the sentencing council?
If a defendant pleads guilty, or is found guilty after a trial, the magistrates or judge (dependending on the seriousness of the offence) imposes a sentence.
It is often the case that the National Probation Service will have been requested to prepare a pre-sentence report on the defendant and the information, assessments, and recommendations in the report will be used to help the magistrate or judge to arrive at a decision.
They will also use the guidance provided by the Sentencing Council.
The Sentencing Council for England and Wales promotes greater consistency in sentencing, whilst maintaining the independence of the judiciary.
The Council produces guidelines on sentencing for the judiciary and criminal justice professionals and aims to increase public understanding of sentencing.
The sentencing council provide judges & criminal justice professionals with amongst other things sentencing guidelines and other publications, consultations and data analysis.
They also provide members of the public and other organisations with explanations of sentencing and guidelines.
They also compile statistics on crime and justice for the Home Office, The MOJ and the ONS amongst others
what is a formal punishment?
Formal punishments are designed to do one or all of the following:
Punish the offender
Protect the public
Change the offender’s behaviour
Get the offender to make up for their crime
Cut crime in the future
what are the types of formal punishments?
