Topic 1: The Criminal Justice System in England & Wales

Question 1

Define ‘The Criminal Justice System’

Answer 1

The criminal justice system is the set of agencies which collectively aim to deliver justice to people involved in crime (offenders, victims, witnesses).

Question 2

What are the 4 functions of the CJS?

Answer 2

1. Law administration
2. Law enforcement
3. The court system
4. Punishment and rehabilitation of offenders

Question 3

What is the function of the Home Office?

Answer 3

Responsible for the security and safety of UK citizens and oversee all security agencies and develop new strategies for law enforcement.

Question 4

What is the function of the Ministry of Justice?

Answer 4

Oversee the remaining parts of the CJS and are responsible for the court system, prisons and probation service.

Question 5

What makes up Parliament?

Answer 5

House of Commons, House of Lords and the Queen

Question 6

Which parties would be found in the House of Commons?

Answer 6

Conservative Party, Labour Party, Scottish National Party, Liberal Democrats, Green Party

Question 7

What are the 3 types of lords?

Answer 7

Hereditary peers, life peers and bishops

Question 8

What is the House of Lords?

Answer 8

Second house of parliament, made up of 800 peers, only 92 of those have their place in parliament due to inherited titles and the majority earn their titles due to a high level of experience in a particular field.

Question 9

What are the pre-legislative procedures?

Answer 9

Green paper and White paper

Question 10

What is the purpose of green paper?

Answer 10

Sets out general aims and invites responses from interested parties

Question 11

What is the purpose of white paper?

Answer 11

Follow up from green paper, published by the government containing firm proposals for the new law

Question 12

Define a bill

Answer 12

A draft new law

Question 13

How does a bill become a law?

Answer 13

Starts with a debate in the Commons, then passed onto the House of Lords for debate, and once both houses are happy, it will be passed to the queen for approval

Question 14

What are the nine steps to a bill becoming a law?

Answer 14

1. Green Paper
2. White Paper
3. First Hearing
4. Second Hearing
5. The Committee Stage
6. The Report Stage
7. Third Hearing
8. House of Lords
9. Royal Assent

Question 15

Outline step 1 of a bill becoming a law

Answer 15

Governmental department publishes a green paper outlining the issue to incite discussion.

Question 16

Outline step 2 of a bill becoming a law

Answer 16

Governmental department publishes paper documenting consultation on the issue and proposes a draft for the bill

Question 17

Outline step 3 of a bill becoming a law

Answer 17

Bill is formally announced to the Commons and a vote is held on whether it should be heard in more detail by MPs.

Question 18

Outline step 4 of a bill becoming a law

Answer 18

Main principles of the Bill are debated by MPs and a further vote is held to see if the bill can move forward, if the party proposing the bill has a majority of MPs in the Commons, it is likely to pass.

Question 19

Outline step 5 of a bill becoming a law

Answer 19

A committee is formed out of MPs across all parties to examine the bill in detail, who will often make changes and report back to the Commons.

Question 20

Outline step 6 of a bill becoming a law

Answer 20

Report from committee is heard and debated by MPs in House of Commons and votes are conducted in relation to any amendments made to the bill.

Question 21

Outline step 7 of a bill becoming a law

Answer 21

Final hearing of the bill in the House of Lords, no amendments can be made and a final vote is held on whether to pass or reject the bill.

Question 22

Outline step 8 of a bill becoming a law

Answer 22

If the bill is passed, it goes back to the House of Lords, where it will follow the same process as the House of Commons. If amendments are made, it goes back to the Commons to either accept or reject the changes. This can go back and forwards, which takes time, until both parties are in agreement to accept the bill and for it to become an act.

Question 23

Outline step 9 of a bill becoming a law

Answer 23

After passing votes in both houses (Lords and Commons), the bill goes to the monarch to be signed. Then it becomes an act, effective immediately.

Question 24

Define case law

Answer 24

When a member of the judiciary makes an overruling on a case which sets a precedent for all other courts. These cases are published in law reports, providing consistency for future cases.

Question 25

Define judicial precedent

Answer 25

When a judge makes a ruling in a certain case (especially one in which the case deals with a grey area within the law), it sets a precedent for future cases (a law that other judges in similar cases must follow).

Question 26

Where is the only scenario where judicial precedent can be used?

Answer 26

If the cases similar, or if the legal principles involved have not changed- the cases must be distinguishable.

Question 27

Define statutory interpretation

Answer 27

How a new ‘law’ is technically created through interpreting a statute.

Question 28

Define the ‘golden rule’ in relation to statutory interpretation

Answer 28

They can modify the literal words of the statute to create a new law, ensuring that an absurd result does not happen.

Question 29

Define the ‘mischief rule’ in relation to statutory interpretation

Answer 29

They can come away from the words of the statute completely as long as the ruling is in line with what the statute intended to achieve.

Question 30

Provide 4 roles that the police fulfil

Answer 30

• Investigate, arrest and question suspects
• Collect evidence and identify witnesses
• Maintain social order and support the welfare of citizens
• Prevent crimes from occurring

Question 31

Provide 4 roles that the CPS fulfil

Answer 31

• Advise the police in early stages of an investigation such as what evidence may be required to prosecute.
• Decide on the appropriate charge(s) for a suspect by assessing the evidence available.
• Examine both physical and testimonial evidence to determine if it will be admissible in court.
• Prepares and presents cases for court including prep of witnesses.

Question 32

Name the two courts of first instance across England & Wales

Answer 32

Magistrates Court

Crown Court

Question 33

What type of offences get dealt with at a magistrates court?

Answer 33

Summary offences

Question 34

What type of offences get dealt with at a crown court?

Answer 34

Indictable offences

Question 35

What percentage of offences are dealt with at the magistrates court?

Answer 35

95%

Question 36

Name the key personnel and their roles at a Magistrates Court

Answer 36

• Magistrate- hear the evidence for both sides, decide on a verdict and come to a decision on a sentence.
  Solicitor- defense rep
• CPS representative- prosecution rep
• Court clerk- responsible for legal and procedural advice being up to date, administration of courtrooms, avoidance of delay etc.

Question 37

Name the key personnel and their roles at a Crown Court

Answer 37

• Barrister- highly qualified lawyer representing the defence
  CPS representative- barrister representing the prosecution
• Jury- 12 members of the public who decide whether to convict or acquit
• Judge- provide clarification on matters of the law, and pass a sentence

Question 38

Define punishment

Answer 38

Any type of sanction on an individual for an act that has violated a formal law.

Question 39

Define rehabilitation

Answer 39

A goal with belief that individuals can be treated and learn from their acts to stop them committing future crimes.

Question 40

Name 2 organisations that are involved with the punishment and rehabilitation of offenders

Answer 40

HM Prison Service

The National Probation Service

Question 41

Provide 4 roles that the HM Prison Service fulfils

Answer 41

• Organise and run the prisons across England and Wales and are responsible for those in custody.
• Support effective offender management and post-prison care.
• Responsible for rehabilitation programmes so that prisoners that are released lead law-abiding lives.
• Run 104 of the 117 prisons in the UK.

Question 42

Provide 4 roles that the National Probation Service fulfils

Answer 42

• Similarly to the prison service, they manage and supervise those who serve sentences in the community, and also provide support to those who are released from prison but are still serving sentences.
• Provide pre-sentencing reports for the courts to help guide the appropriate sentence.
• Assess offenders in prison to prepare them for release on licence to the community.
• Provide support for victims of serious sexual and violent crime as well as rehabilitation and post-sentence reintegration of offenders to society.

Question 43

State 3 other agencies involved in the CJS

Answer 43

• Voluntary organisations- E.g. Victim Support and The Witness Service
• Pressure groups- E.g. Prison Reform Trust, Women in Prison
• The Parole Board- an independent body that carries out risk assessments on prisoners to determine whether they can be safely released into the community.