topic 1 Flashcards
What is the criminal justice system?
It is the set of agencies which collectively aim to deliver justice to people involved in crime. These are the offenders, victims and witnesses.
Name 4 different agencies in the criminal justice system in England & Wales
police, courts, judiciary, the prison system
Name the four organisational components of the criminal justice system in England and Wales and the relevant agencies for each
- law and creation and administration- government and judiciary
- law enforcement- police, HM courts, CPS
- the court system- HM courts and tribunal service
- punishment and rehabilitation of offenders- HM prison service, HM probation service
who is home secretary
priti patel
what is the role of the home office
they are responsible for the overall security and safety of the citizens of the UK. they oversee all security agencies including the police and the MI5. They also develop strategies for law enforcement.
what is the role of the ministry of justice
the overall overseeing of the remaining parts of the criminal justice system is the ministry of justice. They work with 33 other agencies in order to deliver justice in society. They are responsible for the court system, the prison and probation service.
What are the two main types of law in the UK?
- statutory law (government processes)
- case law (judicial processes)
Who creates statutory laws?
Statutory law is passed by Parliament when a Bill is proposed in the House of Commons, approved by the House of Lords, and sanctioned by the Crown (the Queen) as an Act – the Royal Assent
who creates case laws
case law happens when in court a judge allows a piece of evidence or something to be used in court, from then all the courts below that court will have to use that same method, this then makes it fair.
how often are members of house of commons elected
every five years
what are 3 things that mean you can run as a candidate
you have to be 18, not in prison and not a lord or the monarch
what do they do in the house of commons
they will debate important issues, make and review laws, represent the public and hold the government to account.
how many seats are there in the house of commons
437
how many members are there in the house of commons
over 650
other things in the house of commons
the prime minister will lead the government and will appoint ministers to form a cabinet. the government will review and create new laws and the opposition will challenge and question the government. The government is held to account in many ways such as once a week for 3o minutes the prime minister will answer questions from the MP’s. MP’s will review the policies and spending of the government which is called scrutiny. they will speak to the experts and the public to understand how laws affect our everyday life. This helps the government shape their policies. When the government wants to raise taxes the House of Commons has to agree.
what are the 3 main tasks of the house of lords
to challenge and question the work of government, to help shape laws and to investigate issues through committees and debates.
how often do the lords get to question the government
everyday
what do the committees do
investigate and explore important issues.
what do the committees produce and why is this important
produce papers so that everyone is informed and up to date.
what are the 9 stages of creating a statute
1)produce a green paper 2)then a white paper 3)first hearing 4)second hearing 5)the committee stage 6)the report stage 7)third hearing 8)the house of lords 9)royal assent
describe the first stage of creating a statute
producing a green paper; governmental department publishes a paper outlining issue to provoke discussion
describe the second stage of creating a statute
producing a white paper; governmental department publishes paper documenting consultation on said issue and proposes a draft of the bill
describe the third stage of creating a statute
first hearing; the bill is formally announced to the house of commons. on its initial merits, a vote is conduction to decide if it can be heard in more detail by all the MP’s
describe the fourth stage of creating a statute
second hearing; if the bill succeeds in the vote, the main principles of the bill are debated by the MP’s and another vote is held to see if the bill can go further into the process. if the party in government has a very large majority of MP’s in the house of commons, the more likely this bill will pass the vote
describe the fifth stage of creating a statute
the committee stage; a committee is then formed of MP’s across all parties to examine the bill in detail. they will often make changes to the bill then report back to the house of commons
describe the sixth stage of creating a statute
the report stage; the report from the committee is heard and debated by the MP’s in the house of commons. votes are conducted in relation to amendments to the bill
describe the seventh stage of creating a statute
third hearing; this is the final reading of the bill in the house of commons. debates can happen but no further amendments can be made. a final vote is conducted to either pass or reject the bill.
describe the eighth stage of creating a statute
the house of lords; if approved in the third hearing, the bull then goes to the house of lords where it goes through the same stages as the house of commons (stages 3-7). if the lords make amendments to the bill, it then goes back to the commons to decide if they accept or reject the changes. eventually the bill has to be accepted by the house of lords if the bill is to become an act. This can often take some time to get the house of lords to pass the bill.
describe the ninth stage of creating a statute
royal assent; after passing votes in both houses of parliament, the bill goes to the monarch where it gets signed. it then becomes an act and will come into force immediately.
what are 8 roles of the police
- protect the public (safeguarding the public)
- maintain law and order
- prevent crime
- conduct interviews with suspect, witness, victims
- arrest suspects
- divided into constabularies around the country
- investigate crime
- maintain social order and support the welfare of citizens
what are 4 roles of the CPS
- check the evidence to see if it can be used in court (asses it part of if it is admissible-full code test)
- advise the police on what evidence is needed to prosecute
- prepare the cases for court for the prosecution including preparation of witnesses
- make the charging decisions- if the suspect is charged or not, and the offence the suspect has committed.
Name the two courts of first instance in England and Wales?
magistrate court and crown court
Where do all criminal prosecutions go first?
magistrate court
What types of offences get dealt with at the magistrates’ court
summary offences or either way offences
What three things other than a trial will get dealt with at a magistrates court?
bail, legal aid, plea bargaining.
What types of offences get dealt with at the Crown court?
indictable offences or either way offences
What percentage of offences get dealt with at the magistrates’ court
95%
Name the key personnel and their role at a magistrates’ court
3 magistrates, clerk, prosecution and defence solicitors,
Name the key personnel and their role at a Crown court
jury, judge, prosecution and defence barristers
what does a judge use to decide what sentence they give someone for a guilty verdict?
case law, victim impact report, the maximum sentence they can give which is set by parliament, the plea of the defendant, severity of the crime, the sentencing guidelines which are put together by the sentencing committee.
Name the two main appellate courts and what distinguishes the two?
the court of appeal and the supreme court. The supreme court is the highest court and they have a panel of 15 judges who will sit in panels of 3 to hear cases.
What do we mean by punishment?
a penalty inflicted as retribution for an offence. you are punished appropriately for the offence that you have committed.
What do we mean by rehabilitation?
process of re educating and re training those who commit crime, with the goal of reintegration into society. aim to make the offender not re offend
How do we punish offenders in the UK? Name as many forms of sentences you are aware of?
penalties, community orders, incarceration
name any organisations that are involved in the punishment and rehabilitation of offenders?
- HM prison service
- the national probation service
Provide 4 roles that the HM Prison Service fulfils
- organise and run the prisons of england and wales and are responsible for those in custody
- responsible for rehabilitation programmes so that prisoners are released lead law abiding lives
- the support effective offender management and post prison care
- they run 109 out of 123 prisons in the uk
Provide 7 roles that the National Probation Service fulfils
- manage and supervise those in the community, they also provide support to those who are released from prison but still serving a sentence
- provide pre sentencing reports for the courts to help guide the appropriate sentencing
- they manage approved premises for offenders with a residence required on their sentence
- they asses offenders in prison to prepare them for release on license to the community
- they help all offenders serving sentences in the community to meet the requirements ordered by the courts
- they provide support from rehabilitation and post sentence reintegration to society
- provide support for victims of serious sexual and violent crime
