Unit 4 - AC1.2 Flashcards
What are the three divisions that are below the Uk Government?
Home Office
Ministry of Justice
Attorney’s General’s Office
What does the Home Office oversee?
The Police Service
What does the Ministry of Justice oversee?
National Probation Service
HM Courts and Tribunals
HM prison service
What does the Attorney General’s office oversee?
The crown prosecution service
What is the first stage of the criminal justice process?
Law creation, where criminal law is made by the government
What is the second stage of the criminal justice process?
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
What is the third stage in the criminal justice process?
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
What is the fourth stage in the criminal justice process?
Initial court hearing - The cps will attempt to prove the guilt of the defendant .
In what court do all criminal cases start?
Magistrates court
What percentage of cases does the magistrates court hear?
95%
What happens to a defendant while they await their trial? also stage 5 in the criminal justice process:
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
What is stage six of the criminal justice process?
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.
What is stage seven of the criminal justice process? During a trial :
Evidence will be presented by the prosecution and defence teams.
Who represents the prosecution team and what do they aim to do?
The CPS will aim to prove the defendants guilty.
Who represents the defence team and what do they aim to do?
Defence barristers and solicitors will try to create doubt on the guilt of the defendant
Who decides the sentence and verdict in the magistrates court?
The judge will decide both the verdict and sentence
Who decides the sentence and verdict in the crown court?
The jury decide the verdict but the judge will decide the sentence
What is a ‘sentence’ and how is it decided what the sentence will be ?
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
What is a custodial sentence and who will ensure the defendant carries out this sentence?
This is a prison sentence and the HM prison service ensure that they serve their full sentence and oversee the welfare of the prisoners
What usually happens when individuals are released from prison?
They will usually be on licence and are supervised by the national probation service
What happens if a person breaks their probation rules?
The police will rearrest them and return them to custody of the police service
