Topic 1.2 - Describe the organisation of the criminal justice system in England and Wales

Question 1

Overview of the criminal justice system

Outline the four main parts of the criminal justice system in England and Wales

Answer 1

• Law creation and administration
• Law enforcement by the police
• The courts
• Punishment of convicted offenders by the prisons and probation service

Question 2

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?

Answer 2

• 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)

Question 3

The police

What is the role of the police in enforcing the law?

Answer 3

Investigate crimes, collect evidence, arrest, detain and question suspects

Question 4

What punishments can police give to offenders?

Answer 4

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

Question 5

The Crown Prosecution Service

Briefly outline the four stages of the work of the CPS in dealing with a case

Answer 5

• 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

Question 6

HM Courts and Tribunals Service

Once a suspect is charged, where will they appear?

Answer 6

The Magistrates court

Question 7

What happens when a defendant pleads guilty?

Answer 7

They will have a sentence hearing

Question 8

What happens when a defendant pleads not guilty?

Answer 8

A trial will be arranged

Question 9

Which offences are dealt with by the Crown Court?

Answer 9

Serious offences, which are triable by a judge and jury

Question 10

What does the prosecution present once a case goes to court?

Answer 10

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

Question 11

Who decides the verdict in a trial?

Answer 11

Jury in a Crown Court or a magistrates in a Magistrates Court

Question 12

Who decides the punishment in a trial? What do they use to determine the punishments?

Answer 12

Judge in a Crown Court or magistrates in a Magistrates Court, according to the relevant statute or the Sentencing Guidelines

Question 13

HM Prison and Probation Service

What is the role of HM Prison Service in carrying out sentences?

Answer 13

Supervising offenders in custody

Question 14

What is the role of the National Probation Service in carrying out sentences?

Answer 14

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

Question 15

What other role do both HM Prison Service and The National Probation Service have in dealing with offenders?

Answer 15

Seek to rehabilitate offenders so that they can lead a crime-free life

Question 16

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

Answer 16

• 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

Question 17

The Crown Prosecution Service

Summarise the relationship the CPS has with the;

• The police
• The courts

Answer 17

• 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

Question 18

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

Answer 18

• The Ministry of Justice
• The Home Office

Question 19

Where do the funds for the criminal justice system come from?

Answer 19

Government departments fund the CJS and the funds come out of general taxation

Question 20

HM Courts and Tribunals Service

Summarise the relationship HM Courts and Tribunals Service has with the;

• The Courts and Judges
• HM Prison Service

Answer 20

• 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

Question 21

The National Probation Service

Summarise the relationship the National Probation Service has with;

• HM Prison Service and the Parole Board
• The courts

Answer 21

• 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

Question 22

HM Prison Service

Summarise the relationship HM Prison Service has with:

• The courts
• The police
• The National Probation Service

Answer 22

• 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

Question 23

Voluntary organisations

Using the example of Victim Support, summarise how voluntary organisations work with other justice agencies

Answer 23

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

Question 24

Give examples of campaigns that aim to change the justice system. Which other agencies do they work with?

Answer 24

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

Question 25

INQUEST

What does the charity INQUEST provide?

Answer 25

Expertise on state related deaths and investigations to support bereaved people, lawyers, advice and support agencies, the media and parliamentarians

Question 26

When was INQUEST founded?

Answer 26

1981

Question 27

Who does INQUEST work with?

Answer 27

Bereaved people, government and state and corporate bodies

Question 28

What does INQUEST look into?

Answer 28

Deaths in police and prison custody, immigration detention, mental health settings and deaths involving multi-agency failings

Question 29

What knowledge is INQUEST able to share?

Answer 29

They use their expertise and statistics to track patterns and trends and situate deaths in their broader social and political context

Question 30

In what ways is INQUEST working for social justice?

Answer 30

• 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

Question 31

Briefly describe the four priority areas of work in INQUEST

Answer 31

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

Question 32

Describe one of INQUEST’s current campaigns

Answer 32

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

Question 33

What is the Howard League organisation?

Answer 33

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

Question 34

What is the Prison Reform Trust?

Answer 34

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