Unit 4 - AC1.2 Flashcards

1
Q

What are the three divisions that are below the Uk Government?

A

Home Office
Ministry of Justice
Attorney’s General’s Office

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2
Q

What does the Home Office oversee?

A

The Police Service

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3
Q

What does the Ministry of Justice oversee?

A

National Probation Service
HM Courts and Tribunals
HM prison service

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4
Q

What does the Attorney General’s office oversee?

A

The crown prosecution service

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5
Q

What is the first stage of the criminal justice process?

A

Law creation, where criminal law is made by the government

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6
Q

What is the second stage of the criminal justice process?

A

Law enforcement, where the police service enforce the law that is made by investigating crimes, gathering evidence, arresting suspects and using their powers of detention and interview

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7
Q

What is the third stage in the criminal justice process?

A

Charging stage - the police will decide the charge in minor cases but the cps will advise the police and also decide the charge in serious and complex cases

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8
Q

What is the fourth stage in the criminal justice process?

A

Initial court hearing - The cps will attempt to prove the guilt of the defendant .

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9
Q

In what court do all criminal cases start?

A

Magistrates court

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10
Q

What percentage of cases does the magistrates court hear?

A

95%

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11
Q

What happens to a defendant while they await their trial? also stage 5 in the criminal justice process:

A

They are released on bail or remanded into custody, depending on the seriousness of the offence and the level of risk that bail would pose

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12
Q

What is stage six of the criminal justice process?

A

The defendant either enters a guilty plea where the court will go straight to sentencing, or they will enter a not guilty plea and a trial will be held to determine a verdict.

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13
Q

What is stage seven of the criminal justice process? During a trial :

A

Evidence will be presented by the prosecution and defence teams.

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14
Q

Who represents the prosecution team and what do they aim to do?

A

The CPS will aim to prove the defendants guilty.

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15
Q

Who represents the defence team and what do they aim to do?

A

Defence barristers and solicitors will try to create doubt on the guilt of the defendant

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16
Q

Who decides the sentence and verdict in the magistrates court?

A

The judge will decide both the verdict and sentence

17
Q

Who decides the sentence and verdict in the crown court?

A

The jury decide the verdict but the judge will decide the sentence

18
Q

What is a ‘sentence’ and how is it decided what the sentence will be ?

A

A sentence is a formal punishment proportional to the severity of the offence. The Sentencing Council guidelines will be used to assist the decision of what sentence is appropriate

19
Q

What is a custodial sentence and who will ensure the defendant carries out this sentence?

A

This is a prison sentence and the HM prison service ensure that they serve their full sentence and oversee the welfare of the prisoners

20
Q

What usually happens when individuals are released from prison?

A

They will usually be on licence and are supervised by the national probation service

21
Q

What happens if a person breaks their probation rules?

A

The police will rearrest them and return them to custody of the police service

22
Q
A