The Criminal Justice System

Question 1

What does the criminal justice system in England and Wales include?

Answer 1

Police, courts, Her Majestys prison and probation service, youth justice board, CPS

Question 2

England’s CJS is adversarial, what does this mean?

Answer 2

The prosecution and defence argue the evidence before a court of law. The prosecution must prove beyond all reasonable doubt that the defendant is guilty.

Question 3

What are the two elements of criminal liability?

Answer 3

1. Actus Reus- an action which is carried out (could also be the failure to act)
2. Mens Rea- state of mind (intent)

Question 4

What are some examples of criminal defence?

Answer 4

1. Mental disorder
2. Automatism (e.g. epilepsy)
3. Duress (committing an offence due to threats)
4. Necessity (to avoid injury or death)
5. Self defence

Question 5

What are the three classifications of offences?

Answer 5

Summary only- less serious crimes heard at Magistrates Court
Either way- can be heard at either Magistrates court or Crown court but Mag decides which one
Indictable- more serious offences heard at Crown court

Question 6

What are the 8 main sections of the Police and Criminal Evidence Act 1984?

Answer 6

A- Stop and search
B- Search of premises
C- Detention, treatment and questioning of suspects 
D- Identification of suspects 
E- Audio-only recording of interviews 
F- Audi-visual recording of interviews
G- Power of arrest
H- Detention, treatment and questioning of terrorist suspects

Question 7

What is common law?

Answer 7

Local courts would make decisions which were passed onto other courts across the country by word of mouth. They are no longer created and can be open to interpretation and misuse

Question 8

What is Statute Law?

Answer 8

It is the foundation of the current legal system. Bills are created and approved by both houses of parliament before becoming a law.

Question 9

What are Statutory instruments?

Answer 9

They allow details of an Act to be revised without using parliamentary procedures

Question 10

What are By-Laws?

Answer 10

Local laws which have been made by the local authority

Question 11

What are absolute. limited and qualified rights in relation to the Human Rights Act 1998?

Answer 11

Absolute- They cannot be restricted e.g. Article 2, the right to life
Limited- They do not apply in all circumstances e.g. Article 5, the right to liberty
Qualified- They relate to matters where interference by the public authority is permitted if it is in the public interest e.g. Article 8, right for a private and family life