Unit 4 1.2 Flashcards
What is the criminal justice system in England and wales
This is a complex network of agencies which each play a key role in enforcing the law, delivering justice and ensuring public safety
What is the role of the police
They are responsible for investigating crimes, collecting evidence and arresting suspects. They also maintain social control. There role is vital in the early stages of the criminal justice process as they work closely with the crown prosecution service to determine whether there is enough evidence to charge a suspect.
What is the role of law creation
It is primarily the domain of parliament.
Government mps or lords propose new laws or amendments which then go through the legislative process. The judges contribute by interpreting and applying laws through case law
What is the role of the courts/tribunals
-This is where criminal cases are heard and decided.
-Magistrate courts deal with less serious courts while crown courts handle more serious cases.
- judges and magistrates over see trials, ensuring there fair and decide on guilt or innocence based on the evidence presented.
- admin for the cps
What is formal punishments
-Once a person is found guilty the courts determine the appropriate punishment.
- this could be a prison sentence, community service order, fine
- sentencing guidelines help ensure consistency in sentencing decisions
The sentencing council-
-They work with the judiciary and legal professionals to produce guidelines on sentencing
- based on seriousness of offense, precedent and statutory interpretation
What is the relationship between agencies
The criminal justice system relies on close cooperation between different agencies include police, cps, courts, probation services, prison authorities.
- e.g. police and cps must work together to bring a case to court and probation officers provide reports assisting the courts in sentencing decisions.
Police- relationship with other agencies
Police and CPS
- they work together in prosecution of offenders, handling evidence and information on a suspect
Police and courts
- work together to ensure defendants in custody are brought to court
- police may also give evidence in court
- organise witnesses and victims
- deal with charging a suspect
Police and prisons
- police take guilty defendants to prison
- investigate any crimes that happen in prison
Police and probation
- tell probation officer background on the offender
- aid any offender in anger management units
Police and charities
- refer people to charities for extra support
Ministry of justice- relationship with other agencies
Over see work of
- hm courts and tribunals services
- probation services
- prison systems
Cps- relationship with agencies
CPS and police
- tell police if they have enough evidence to go to trial
- full code test
- advise police in charging
CPS and prisons
- how long the sentence will be
- trial dates
CPS and probation
- eligibility of probation
- conditions of probation e.g. complete drug and alcohol treatment programme
CPS and charities
- working to change practises
- signposting for support
CPS and courts
- where the trial will be held
- trial details
- conduct advocacy of the case
Hm prison service- relationship with agencies
- lawyers may seek visits to prisons for legal consultations
- it’s the judge who sets the term of imprisonment including length, type and whether it is concurrent or consecutive.
- those defendants who have been denied bail by the police or courts will be remanded to prison
- work with probation services when a prisoner is to be released
National probation service- relationship with agencies
-The police will arrest a prisoner recalled while on probation and ensure return to prison
- liaison and preparation between agencies when prisoners are released
- overseeing prisoner once released if on license or parole
- liaison with police should there be any issues recall to prison if appropriate
- overseeing all prisoners who have served a sentence of up to 2 years and released on license for a minimum of 12 months
Define probation
The release of an offender subject to a period of good behavior under supervision
- monitor ex offenders through meetings and tag and provides support
Define concurrent
Existing, happening or done at the same time
Define consecutive
Following each other continuously
Define detention
The action of detaining someone or the state of being detained in official custody
Summary of the criminal justice procedure.
- Law creation- criminal law is made in parliament
- Police then enforce the law that is made by investigation breaches of criminal law. They will arrest a suspect and use their powers
- Crown prosecution service- advise the police on the appropriate charge
- Suspect brought before the court- all cases start at the magistrate court and around 5% go to the crown court
- Defendant is released on bail or remanded into custody
- A guilty plea results in sentencing or a plea of not guilty results in a trail. A trial will include witnesses giving evidence. A bench of magistrates or a jury deciding the verdict
- If convicted formal punishment is given by the magistrates or a judge. The sentencing council provides guidelines to assist the courts. If a custodial sentence is given the defendant is sent to prison
- Hm prison service oversee the welfare of prisoners. Hm inspectorate of prisons is an independent body that reports on the conditions and treatment of those in prisons.
- When released from prison a prisoner is usually on license and is subject to supervision by the probation service. Any breach may result in a return to prison
What is polygamy and where is is legal and illegal
This is the practise of having more than 1 wife or husband at the same time…
Polygyny is a man married to multiple wives
Polyandry is a woman married to multiple husbands
Crimes and laws vary from culture to culture
It’s not legal in the uk as bigamy is a criminal offence and the punishment is up to 7 years, however it is legal in Africa, Asia involving Algeria, Mali, niger, Saudi Arabia and Iran
Illegal in Europe, Australia and
The reason why this varies across cultures is religion as polygamy is permitted in Islam and Mormonism but is not in Christianity.
What is capital punishment
This is the legally authorized killing of someone as a punishment for crime
5th century- hanging were introduced
1810- 222 capital offences
1861- criminal law and consolidation act where only 4 capital offence (murder, treason, mutiny and piracy)
1868- public execution were replaced with those within prisons
1955- the last woman to be hung Ruth Ellis
1964- the last hanging (peter Allen and gwynne Evan’s)
1965- abolition of the death penalty bill act and suspended capital punishment for up to 5 years
1969- all capital punishment was abolished
Role of prisons
- house criminals
- aim for rehabilitation
- put prisoners into education and work
Role of charities
- help and support everyone affected by crime
- campaigns for change
- fundraising
- raising awareness
Probation- relationship with other agencies
Probation and CPS
- changing or maintaining conditions and eligibility for probation
- arranging court if the conditions are broken
- pre sentence reports
Probation and charities
- extra support for struggling offenders
- signposting
Probation and courts
- conditions of probation
- update when conditions are breached
- addresses of offender
Probation and MOJ
- tell them everything that occurs
- held accountable for MOJ
Probation and police
- if offender has broken parole rules they are rearrested
- liaison with police if there are any issues
- oversees all prisoners who served a sentence of up to 2 years and are released on license for a minimum of 12 months
Prison- relationship with other agencies
Prison and CPS
- how long they’ll be in prison for
- people who are being remanded
- suitability
Prison and probation
- offender goes on probation when released
- how long the probation period is for
Prison and courts
- if offender has been remanded pre trial the prison will provide transport
- judge passed sentence
Prison and police
- if something happens inside prison they contact the police
- hold offenders on behalf of police
Courts- relationship with other agencies
Courts and police
- transport arrangements
Courts and prisons
- sentence
- transport
- arrangement of video links for court
- held pending court and when remanded
What factors are considered by a judge when passing a sentence
- who was hurt
- accessory to a crime
- first time offender or repeat offender
- aggravating and mitigating circumstances
- harm and culpability
- whether the offender was cruel to the victim
Explain the role of the police in the CJS
Law enforcement- the police investigate crimes, arrest suspects and gather evidence for prosecution
Crime prevention- they work to stop crimes from happening by patrolling areas, offering advice to the public and using surveillance
Public order- the police manage large gatherings, protests and events to ensure safety and prevent disorder
Support for victims- the police provide help and protection to victims of crime
- community engagement- building trust with the public to encourage cooperation and reduce crime
Describe the relationship between the courts and the police in the CJS
Investigation- the police gather evidence and submit reports to the crown prosecution service which decides whether to prosecute
Arrest and charge- after arresting a suspect the police charge them with a crime based on the evidence
Court proceedings- the police may be called to give evidence or provide witness statements during the trial
Bail and remand- the police are involved in deciding whether a suspect should be released on bail or kept in custody until the trial
Enforcement of court orders- the police help enforce court orders such as arrests, warrants or restraining orders.
Describe how laws are created and enforced in the criminal justice system of England and Wales
Law creation- laws are created by parliament through the legislative process which includes readings, debates and royal assent
Enforcement by police- the police enforce these laws by investigating crimes arresting suspects and ensuring public safety
Role of courts-
The courts interpret and apply the law during trials ensuring justice is served. They determine guilt or innocence and impose statements
Criminal sanctions- laws are enforced through penalties like fines, community service or imprisonment
Explain how the different agencies in the criminal justice system cooperate to ensure formal punishment is carried out
Police and courts- the police gather evidence for the courts. Once a suspect is convicted, the courts impose a sentence
Courts and police- after sentencing the courts hand over convicted individuals to the prison service or other agencies
Probation service- works with offenders serving community sentences or released on license to supervise and rehabilitate them
Cooperation- all these agencies must communicate and share information to ensure justice is carried out effectively
Describe the role of the cps
The cps is responsible for deciding whether to prosecute a case based on the evidence collected by the police and whether it is in the public interest to bring changs
Describe the roles of the police, courts and the prison service in the CJS
The police investigate crimes, gather evidence and arrest suspects
The courts are responsible for conducting trials and delivering verdicts
Prison service manages the incapacitation and rehabilitation of convicted offenders
Describe the relationship between the police and the CPS during a criminal investigation
The police collect evidence and present it to the CPS which reviews the evidence to decide whether to prosecute. The CPS may advise the police on further evidence required and recommend charges based on the strength of the case and public interest
Describe how the various organizations within the CJS such as the police, CPS, courts and probation service work together to achieve justice
The police investigate crimes and gather evidence which is passed to the CPS for review
The CPS decides on prosecution and if a case goes to trial the courts hear it and deliver a verdict
If the accused is convicted the prison service or probation service manages their punishment and rehabilitation
These organizations work in a sequence each contributing to ensure justice is being served fairly and effectively
