Topic 1.2 - Describe the organisation of the criminal justice system in England and Wales Flashcards
Overview of the criminal justice system
Outline the four main parts of the criminal justice system in England and Wales
- Law creation and administration
- Law enforcement by the police
- The courts
- Punishment of convicted offenders by the prisons and probation service
The main agencies of the criminal justice system
Law creation
What is the role of the following in making laws dealing with crime?
Parliament?
Judges?
- Passes Acts (legislation or statute law)
- Create law by setting judicial precedent that other courts must then follow, and by interpreting the meaning of statutes (statutory interpretation)
The police
What is the role of the police in enforcing the law?
Investigate crimes, collect evidence, arrest, detain and question suspects
What punishments can police give to offenders?
For minor cases, cautions or fixed penalty notices can be issued, in most other cases they will send the files to the CPS to decide whether to prosecute
The Crown Prosecution Service
Briefly outline the four stages of the work of the CPS in dealing with a case
- Advising the police in their investigation about lines of inquiry and what evidence is needed to build a case
- Assesses the evidence the police submit to it and decides whether to prosecute and what the charge will be
- Decisions are based on the Full Code Test and applying it to the case
- Prepares and presents the prosecutors case in court
HM Courts and Tribunals Service
Once a suspect is charged, where will they appear?
The Magistrates court
What happens when a defendant pleads guilty?
They will have a sentence hearing
What happens when a defendant pleads not guilty?
A trial will be arranged
Which offences are dealt with by the Crown Court?
Serious offences, which are triable by a judge and jury
What does the prosecution present once a case goes to court?
They will present evidence that will be testimonial
/witness statements or physical (weapons or stolen goods) or potentially both and arguments for the defendants guilt
Who decides the verdict in a trial?
Jury in a Crown Court or a magistrates in a Magistrates Court
Who decides the punishment in a trial? What do they use to determine the punishments?
Judge in a Crown Court or magistrates in a Magistrates Court, according to the relevant statute or the Sentencing Guidelines
HM Prison and Probation Service
What is the role of HM Prison Service in carrying out sentences?
Supervising offenders in custody
What is the role of the National Probation Service in carrying out sentences?
Supervising offenders who are serving their sentences in the community, including prisoners who have been released on licence to serve part of their sentence outside prison
What other role do both HM Prison Service and The National Probation Service have in dealing with offenders?
Seek to rehabilitate offenders so that they can lead a crime-free life
Relationships between the justice agencies
The police
Summarise the relationship the police have with the;
- The Courts
- The CPS
- HM Prison and Probation Services
- Voluntary organisations
- Giving evidence as prosecution witnesses; providing protection for vulnerable witnesses; holding defendants in police cells and transporting them to and from court
- Providing evidence for the prosecution of offenders; charging offenders in line with CPS instructions
- Police will arrest prisoners who have been recalled to prison for breaching the terms of their sentence. As a result of Sarah’s Law, the police also cooperate with the prison and probation services in managing the list of child sex offenders living in their area
- Referring victims and witnesses of crime to victim support, women’s refuges, the witness service ETC
The Crown Prosecution Service
Summarise the relationship the CPS has with the;
- The police
- The courts
- Advising on possible lines of enquiry and evidence compiled to build a case and instructing them on charging suspects
- Preparing and presenting the prosecution case against offenders and presenting appeals against unduly lenient sentences
Government departments
Which government department is responsible for?
- The courts, prison service and probation service through HM Courts and Tribunal Service and HM Prison and Probation Service
- The police
- The Ministry of Justice
- The Home Office
Where do the funds for the criminal justice system come from?
Government departments fund the CJS and the funds come out of general taxation
HM Courts and Tribunals Service
Summarise the relationship HM Courts and Tribunals Service has with the;
- The Courts and Judges
- HM Prison Service
- Supervising the efficient run of the courts system and funding the courts individually
- Holding prisoners attending court, pending their transfer/return to prison; arrange video recordings and live links for prisoners giving evidence from prison
The National Probation Service
Summarise the relationship the National Probation Service has with;
- HM Prison Service and the Parole Board
- The courts
- Supervising prisoners who are released on licence
- Preparing pre-sentencing reports on offenders; supervising offenders who have been given a community sentence by the court, supervising drug testing under the court’s orders
HM Prison Service
Summarise the relationship HM Prison Service has with:
- The courts
- The police
- The National Probation Service
- Carrying out the custodial sentences that the court has imposed on offenders, supervising defendants who have been remanded into custody (refused bail) by the court; facilitating visits from defence lawyers to their clients in prison
- Facilitating interviews with prisoners involved in ongoing police investigations
- Liasing when a prisoner is to be released from prison on licence
Voluntary organisations
Using the example of Victim Support, summarise how voluntary organisations work with other justice agencies
Victim Support is a charity that liases with the police, courts and CPS to support victims throughout the stages of an investigation and trial - other voluntary organisations include Nacro, Women in Prison and Women’s Aid
Give examples of campaigns that aim to change the justice system. Which other agencies do they work with?
The Howard League for Penal Reform, the Prison Reform Trust and INQUEST have relationships with the courts, prisons, police, the Ministry of Justice and the Home Office
INQUEST
What does the charity INQUEST provide?
Expertise on state related deaths and investigations to support bereaved people, lawyers, advice and support agencies, the media and parliamentarians
When was INQUEST founded?
1981
Who does INQUEST work with?
Bereaved people, government and state and corporate bodies
What does INQUEST look into?
Deaths in police and prison custody, immigration detention, mental health settings and deaths involving multi-agency failings
What knowledge is INQUEST able to share?
They use their expertise and statistics to track patterns and trends and situate deaths in their broader social and political context
In what ways is INQUEST working for social justice?
- They campaign for non means-tested public funding for families in state-related inquests and stronger post-death investigating
- They lobby to ensure that government, state and corporate bodies are held to account and that action is taken in response to systematic failings
Briefly describe the four priority areas of work in INQUEST
Access to Justice for families - equal system which treats bereaved families with dignity and care and supports them in navigating the legal process after a death and to achieve the truth
Viability with respect to all systems of care and detention so that failures are exposed and changes can be made
An end to all institutionalised forms of racism and discrimination - these are often the root cause of system failures
Accountability for institutionalised failings and failure to act - effective sanctions and ‘accountable learning’ so that action is taken to reduce the number of deaths in the future
Describe one of INQUEST’s current campaigns
Legal Aid for Inquests - Automatic non means tested funding for families following a state related death to cover preparation and representation at the inquest and other legal processes
What is the Howard League organisation?
A penal reform organisation that acts as a legal service for children and young people in custody, and runs a variety of campaigns on vital issues - independent organisation which relies on voluntary donations - the oldest penal reform organisation in the world - 1866 - they want fewer people in prison, less crime and safer communities in Britain
What is the Prison Reform Trust?
An independent UK charity working to create a just, humane and effective penal system - founded in 1981 to inform and influence public debate on prison conditions and the treatment of prisoners, amidst concerns about the projected prison population of 48,000 by 1984 which is now at 82,000 - inquires into the workings of the system - informing prisoners, staff and the wider public and by influencing parliament, government and officials toward change - funded by its members and supporters, not the government
