Topic 1 - The Criminal Justice System in England & Wales Flashcards
What is the Home Office and what does it do?
They are responsible for the overall security and safety of UK citizens
They oversee all security agencies, including the police and MI5
They develop strategies for law enforcement.
What is the Ministry of Justice and what does it do?
They oversee the remaining parts of the CJS
They work with 33 other agencies to deliver justice in society
They are responsible for the court system, prison and the probation service.
What is Statutory law?
Written law that is passed by a body if legislature.
What is Common law?
AKA judicial precedent, judge-made law or case law
What is the House of Commons and what role does it play in law creation?
650 MPs approx - elected by the public
Multiple political parties
Responsible for making laws and checking the work of the government
Meet in the palace of Westminster.
What is the House of Lords and what role does it play in law creation?
800 peers approx- not elected
Made up of hereditary peers, life peers and bishops.
Hereditary peers = Lords who have inherited the lord title
Life peers = Lords who have been appointed
92 out of 800 inherited the title, the majority earn their status due to high level of experience/ respect in a particular field in society. (e.g/. church, politics, academia, business)
How is a statute created?
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What is meant by a Judicial Precedent?
When a judge makes a ruling on a certain case - particularly on a case which deals with a grey area in law. This sets a precedent for future cases
it creates a ‘law’ that all judges in other similar cases in the future must follow.
What is Statutory Interpretation?
How a new ‘law’ is technically created through interpreting a statute.
Can modify literal words of the statute to create a new law to ensure an absurd result does not happen (golden rule)
List three roles that the police fulfil.
Prevent crime
Investigate crimes
Collect evidence and identify witnesses
Support the welfare of citizens and maintain social order
Investigate, arrest and question suspects
Divided into constabularies around the country
List three roles that the CPS fulfils.
Advise the police in the early stages of the investigation (e.g. what evidence may be required to prosecute)#
Decide appropriate charge or charges for a suspect, by independently assessing evidence available
Examine both physical and testimonial evidence to determine if it will be found admissible in court
Prepares and presents cases for court, including the preparation of witnesses
