The Criminal Justice System Flashcards
What are the important elements of criminal offences?
Does not have a criminal code but key elements of a criminal offence
- Actus reus - guilty act
–> describes the wrongful or unlawful conduct
–> Omission to act - failure to fulfill your duty of care
- Mens Rea - a guilty mind
–> state of mind that the defendant must of had when completing the act or omission
- No Defence
–> ex; self defence:
1. acted with an honest belief to need to act in this way
2. it was a reasonable response considering the situation
Types of offences
- Summary Offences
- can be tried in the magistrates court
- for less serious offences - Either-way offences
- can be tried in the Magistrates Court or Crown - Indictable Offences
- must be resolved by trial in the Crown Court
- More serious offences
The Crown Prosecution Service (CPS)
- prosecutes criminal cases
- independent of police and government
Prisons and Probation
- responsible for carrying out sentences given by the courts in custody , in the community and rehabilitation through education and employment
Institutions: Home Office
- the lead government department for crime and the police and other matters
Institutions: Attorney General
- the chief legal advisor to the government
- superintends the CPS and Serious Fraud Office
Theories of criminal justice (5)
- Due process model
- Aims for a just process through fairness and rules to protect the accused - Crime control model
- Aims primarily for controlling crime - Rehabilitation model
- Aims for rehabilitation of the offender - Restorative Justice
- Aim is that the offender recognizes their responsibility and makes amends to the victim - Buireaucratic model
- aims for the efficient management of the case and the criminal in the system
Before the (Pre)Trial
- committing, reporting and recording of the crime
- investigation
- decision to prosecute if charged
- two stage legal test
- give no further action; give an informal warning; issue a simple caution; issue a conditional caution; refer to the prosecuting authorities
What powers do the police have in terms of questioning?
- no legal power to detain people for questioning without an arrest
- the police have 24 ours to chanrge or release a person
–> receive adequate refreshments, etc - questioning does often lead to a confession
1. Induced confession - when people are promised a less serious charge in return for confession
2. Forced confession - confession to a crime they didnt commit
Explain what Bail and Custody is
they may be detained (remanded) in custody OR released on bail
- bail is granted at any stage by the police or courts
- most people charged are granted bail
- numbers of people remanded in custody have increased recently
- 2 types of bail: unconditional and conditional
- those not sticking to bail conditions or failing to attend court are in breach of bail
Decision to prosecute
- main prosecuting authority is the CPS
What are the Key functions of the criminal courts during the trial?
- determining guilt
- deciding on the correct sentence
- ensuring the trial is fair
- verdict - beyond a reasonable doubt
The plea - Guilty - where the defendant pleads guilt, the only function for the court is to sentence
- not guilty - the court must hear evidence, reach findings, determine guilt and sentence, if guilty
Trial by Jury
after the trial
- fines/compensation, a community sentence or prison when found guilty
- Parole ( sentences are subject to be reviewed by the Parole Board and a convicted person may be released early)
- Rehabilitation (The Offender Rehabilitation Act 2014 provides that every offender in cusotdy revieves statutory supervision and rehabilitation within the community created by the National Probation Service)
What are some Crisis in the CJS?
New Government priorities
- The police are not resolving most crimes and have lost the confidence of the public.
- Criminal courts cannot keep pace with demand and are becoming increasingly inefficient.
- Prisons are facing a major capacity crisis.
- The probation service is overstretched and cannot adequately manage caseloads or risk.
What are the causes of Court Backlog?
causes:
- high numbers of ineffective trials
- hearings are taking longer due to the higher proportion of complex cases and more cases where the defendant pleads not guilty
