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WJEC Level 3 Criminology (KEDST 2023/24). > UNIT 4 - AC1.2 - Describe the organisation of the criminal justice system in Engalnd and Wales. > Flashcards

UNIT 4 - AC1.2 - Describe the organisation of the criminal justice system in Engalnd and Wales. Flashcards

1
Q

What is AC1.2 mainly about?

[AC1.2]

A

The relationships between each of the agencies.

[AC1.2]

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2
Q

What is the organisation of the criminal justice system (CJS) in England and Wales?

[AC1.2]

A

Law creation and administration, law enforcement, the courts, and punishment of offenders.

[AC1.2]

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3
Q

What are the main parts of the criminal justice system (CJS)?

[AC1.2]

A

Law creation and administration, law enforcement, the courts, and punishment of offenders.

[AC1.2]

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4
Q

Describe the role of Parliament in law creation.

[AC1.2]

A

The Parliament helps to pass acts, creating statutes (written law).

[AC1.2]

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5
Q

What are the different agencies which the Criminal Justice System (CJS) is made up of?

[AC1.2]

A
  • Police.
  • CPS.
  • Courts/Judiciary.
  • Prison Service.
  • Probation.
  • (Government).

[AC1.2]

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6
Q

During the stages of the trial how do all the agencies link?

[AC1.2]

A

All the different types of agencies can be used on one case. The police and CPS deal with the case initially and then the courts sentence offenders to send them to prison and/or the probation service.

[AC1.2]

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7
Q

How does Parliment affect the Law and Law Making?

[AC1.2]

A

Members of Parliment will follow the Parlimentary Law Making Proccess (CS, GP, WP, HoC, FR, SR, CS, RS, TR, HoL, P-P, RA) to make a law from a proposed Bill. They base the law off the interests and concerns of the public.

[AC1.2]

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8
Q

How do Judges affect the Law and Law Making?

[AC1.2]

A

They use Judicial Precedent and Statutory Interpretation to create Laws.

[AC1.2]

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9
Q

What is the Ministry of Justice?

Who do they work with? [AC1.2]

A

They work with other government departments and are responsible for the Courts, Prisons and Probation services. They also work with the Youth Justice Board.

[AC1.2]

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10
Q

What do the Ministry of Justice do?

[AC1.2]

A

They make sure sentences are served fairly and make sure offenders are encouraged to change their ways.

[AC1.2]

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11
Q

What are the priorities of the Ministry of Justice?

[AC1.2]

A
  • Protect the public from serious offenders.
  • Improve saftey and security in prisons.
  • Reduce re-offending.
  • Deliver swift access to justice.

[AC1.2]

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12
Q

What is the Home Office?

[AC1.2]

A

The Home Office plays a fundamental role in the security and economic prosperity of the UK.

[AC1.2]

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13
Q

What are the Home Office the leading government department for?

[AC1.2]

A
  • Immigration.
  • Passports.
  • Drug Policies.
  • Crime.
  • Fire.
  • Counter-terrorism.
  • Police.

[AC1.2]

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14
Q

What are the priorities of the Home Office?

[AC1.2]

A
  • Shaping the Alcohol Policy and lisencing conditions.
  • Keeping the UK safe from Terrorism.
  • Securing the UK border.
  • Controlling Immigration.
  • Protecting Vulnerable people and communities.

[AC1.2]

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15
Q

Which other agencies do the Police link to?

[AC1.2]

A
  • CPS.
  • Courts/Judiciary.
  • Prison Service.
  • Probation Service.

[AC1.2]

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16
Q

What is the role of the police in the criminal justice system?

[AC1.2]

A

Enforce laws, investigate crimes, protect and secure crime scenes aswell as gathering evidence to help toward a prosecution.

[AC1.2]

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17
Q

What is the purpose of the police service?

[AC1.2]

A

To uphold the law fairly and firmly whilst preventing crimes from taking place and persueing to bring justice to those who break the law.

[AC1.2]

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18
Q

How many regional police forces are there in England and Wales?

[AC1.2]

A

43 regional police forces.

[AC1.2]

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19
Q

What do the police powers enable them to do?

[AC1.2]

A

Legally they can arrest:
* Anyone who has committed a crime.
* Anyone about to commit a crime.
* Anyone in the act of committing a crime.

They can also deal with breaches of peace, enforce arrest warrants and recapture escapees.

[AC1.2]

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20
Q

Which other agencies do the CPS link to?

[AC1.2]

A
  • Police.
  • Courts/Judiciary.
  • Prison Service.
  • Probation Service.

[AC1.2]

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21
Q

What role does the CPS play in the criminal justice system?

[AC1.2]

A

Decide whether to prosecute and present the prosecution’s case. They have a ‘charging role’.

[AC1.2]

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22
Q

What is the purpose of the CPS?

[AC1.2]

A

To make decisions based on the evidential and public interest tests (full codes test) in order to prosecute offenders.

[AC1.2]

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23
Q

What factors determine the verdict and punishment in a criminal case?

[AC1.2]

A
  • Evidence presented to the jury or judge.
  • How serious the case was?
  • The affect the case has had on the victim/ society.

[AC1.2]

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24
Q

Can offenders appeal against their conviction and/or sentence?

[AC1.2]

A

Yes, offenders can appeal against both.

[AC1.2]

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25
Q

What 4 things do the CPS need to do?

DDPP. [AC1.2]

A
  • Decides which cases should be prosecuted.
  • Determines the appropriate charges and advises the police during early stages of investigation.
  • Prepares cases and presents them at court for the prosecution.
  • Provides information, assisstance and support to victims and prosecution witnesses.

[AC1.2]

26
Q

Which other agencies do the Courts/Judiciary link to?

[AC1.2]

A
  • Police.
  • CPS.
  • Prison Service.
  • Probation Service.

[AC1.2]

27
Q

What is the role of the Courts/Judiciary?

[AC1.2]

A

The Judiciary decide in a court the punishment a defendant should face when a jury has decided the verdict of the case. They have a prosecuting role.

[AC1.2]

28
Q

What is the purpose of the magistrates court?

[AC1.2]

Which types of offences do they deal with?

A

Handle less serious (summary) offences and make initial pleas and bail decisions.

[AC1.2]

29
Q

What is the purpose of the crown court?

[AC1.2]

Which types of offences do they deal with?

A

Handle serious (indictable) offences triable by judge and jury.

[AC1.2]

30
Q

What type of verdicts can be made by the magistrates court.

[AC1.2]

  • Who decides the verdict?
  • Who decides the sentence?
A

The verdict of ‘guilty’ or ‘not guilty’.

[AC1.2]

  • The verdict is made by the 3 magistrates.
  • The sentence is made by the 3 magistrates.
31
Q

What type of verdicts can be made by the crown court.

[AC1.2]

  • Who decides the verdict?
  • Who decides the sentence?
A

The verdict of ‘guilty’ or ‘not guilty’. Can be unanimous (all vote the same) or majority.

[AC1.2]

  • The verdict is decided by the 12 members of the jury.
  • The sentence is decided by the judge.
32
Q

What type of sentences can be made by the magistrates court.

[AC1.2]

A
  • Up to 6 months imprisonment for 1 offence.
  • Up to 12 months imprisonment for more than 1 offence.
  • Fines (unlimited).
  • Community Sentences.

[AC1.2]

33
Q

What type of sentences can be made by the crown court.

[AC1.2]

A
  • Community Setences.
  • Fines (unlimited).
  • Life Setences.

[AC1.2]

34
Q

What is an example of an either-way offence and what are the punishment in magistrate’s and crown court?

[AC1.2]

A

ABH - Actual Bodily Harm.
* Magistrates Court: 6 months imprisonment (max).
* Crown Court: up to 5 years imprisonment.

[AC1.2]

35
Q

What are appeals like for magistrates court?

[AC1.2]

Where are they actually heard?

A

They are heard in Crown Court and you have an automatic right to appeal. You have to apply within 15 working days of the date you were sentenced.

[AC1.2]

36
Q

What are appeals like for crown court?

[AC1.2]

Where are they actually heard?

A

They are heard in the Court of Appeal (Criminal/ Civil Division) and you have no automatic right to appeal. You have to ask for permission and must apply within 28 days of the date of your conviction/ sentence.

[AC1.2]

37
Q

Which other agencies do the Prison Service link to?

[AC1.2]

A
  • Police.
  • CPS.
  • Courts/Judiciary.
  • Probation Service.

[AC1.2]

38
Q

What is the role of the Prison Service?

[AC1.2]

A

To supervise offenders in custody whilst working alongside them to help them rehabilitate and reintegrate back into society. This gives them a ‘second chance’ by the help of community sentences.

[AC1.2]

39
Q

What prison is very effective for social control?

[AC1.2]

A

Bastøy Prison (Human Ecological Prison) in Norway.

[AC1.2]

40
Q

Which other agencies do the Probation Service link to?

[AC1.2]

A
  • Police.
  • CPS.
  • Courts/Judiciary.
  • Prison Service.

[AC1.2]

41
Q

What is the role of the National Probation Service (NPS)?

[AC1.2]

A

Supervising offenders whilst they are in the community and providing rehabilitation support through the help of meeting with probation officers.

[AC1.2]

42
Q

What does probation mean?

[AC1.2]

A

Releasing an offender from detention (held in custody for example), subject to a period of good beahviour under supervision.

[AC1.2]

43
Q

What happens if an offender breaks the terms of their probation?

[AC1.2]

A

They will be recalled back to prison for either a Fixed Term, Standard Term or for an Indeterminate Sentence.

[AC1.2]

44
Q

What does a Fixed Term Recall mean?

[AC1.2]

A

Sent back to prison for an exact stated amount of time (e.g. 14 days).

[AC1.2]

45
Q

What does a Standard Term Recall mean?

[AC1.2]

A

Until the end of their original sentence unless the parole board decides to release you early.

[AC1.2]

46
Q

What does a Indeterminate Sentence Recall mean?

[AC1.2]

A

The case is sent to the parole board 28 days after you go back to prison or within 12 months of the last parole board review. You may be released immediately, kept in prison or asked to attend learning.

[AC1.2]

47
Q

Which organisation works alongside the National Probation Service and what does it stand for?

[AC1.2]

A

MAPPA (Multi - Agency Public Protction Arrangements).

[AC1.2]

48
Q

What does MAPPA do as an organisation?

[AC1.2]

A

They manage the risks posed by the most serious sexual and violent offenders. They work with the police and Probation Service to support these offenders. They also have contact with the Youth Justice Board.

[AC1.2]

49
Q

Who can victims of sexual or violent assault access support from?

[AC1.2]

A

SARC (Sexual Assault Referral Centres).

[AC1.2]

50
Q

What are the Relationships between the Govenment and all the other agencies?

[AC1.2]

A

The Government set out the laws overseen by the Home Office. All the other agencies oversee all these laws and ensure they are applied.

[AC1.2]

51
Q

What are the Relationships between the Police and the CPS?

[AC1.2]

A
  • The Police send any cases to the CPS that they want to prosecute to be reviewed and processed against the Full Codes Test.
  • The CPS advise the police and collect any evidence for cases to be used in reports and for the Evidential Test.

[AC1.2]

52
Q

What are the Relationships between the Police and the Courts?

[AC1.2]

A
  • Police arrest offenders in order to send to court to recieve punishment.
  • Police send witnesses and witness statements to courts as forms of evidence for the prosecution.
  • Courts use information gathered by the Police and CPS to prosecute cases.
  • Police Officers can stand as expert witnesses in court.
  • Police collect evidence such as CCTV which can be shown in Court.
  • Police transport offenders to courts.

[AC1.2]

53
Q

What are the Relationships between the Police and the Prisons?

[AC1.2]

A
  • Prisons work closely with police forces to gather and share intelligence and investigate crimes.
  • Any crimes comitted in prison will be dealt with by the police, who will re-arrest them and send them back to court to recieve further sentences/ be re-sentenced.
  • Police transport offenders to prisons through private agencies such as G4S.

[AC1.2]

54
Q

What are the Relationships between the Police and the Probation?

[AC1.2]

A
  • They both work in contact with each other 24/7.
  • Police arrest offenders who breach any bail conditions whilst on probation and will send them back to court to be re-sentenced/ sentenced further.

[AC1.2]

55
Q

What are the Relationships between the CPS and the Courts?

[AC1.2]

A
  • After the CPS has passed both the public interest test and the evidential test for a case then they can pass it to the judiciary/ courts to prosecute it.
  • The CPS decide whether a case is good enough to go to court (successful likelyhood of guilty verdict).
  • The CPS provide the evidence from the police to put it forward at court.
  • The CPS supervise and monitor witnesses at court.

[AC1.2]

56
Q

What are the Relationships between the CPS and the Prisons?

[AC1.2]

A
  • The CPS decide whether a case is good enough to be prosecuted in order for it to have good enough prospects/ likelyhood to make it all the way through to prison (guilty verdict for the defendant).

[AC1.2]

57
Q

What are the Relationships between the CPS and the Probation?

[AC1.2]

A
  • The Probation Service work with the CPS to advise them on the suitability of the offender for bail into the community.
  • Both the CPS and Probation Service agree on bail conditions.

[AC1.2]

58
Q

What are the Relationships between the Courts and the Prisons?

[AC1.2]

A
  • Courts sentence any offenders and send them to prison to serve their sentence.
  • If offenders offend in prison they will be sent back to court to be further sentenced/ re-sentenced.
  • There are Prison/ Holding Cells in court prior to and after sentencing.
  • Prisons arrange video calling for prisoners unable to attend in court.

[AC1.2]

59
Q

What are the Relationships between the Courts and the Probation?

[AC1.2]

A
  • If a probation is breached you will go back to court where they will work with this by adding more severe community orders/ sentences.
  • They will use tagging evidence of going outside of curfew for example to prove breaches of probation.
  • Probation Service has to impose community sentences or probation orders set out by the courts/judiciary.

[AC1.2]

60
Q

What are the Relationships between the Probation and the Prisons?

[AC1.2]

A
  • Probation Staff work together within prisons to assess offenders and prepare them for release and also by running offending behaviour programmes in prison.
  • Probation is the next step after prison if someone is released on parole/ lisence to serve the rest of their sentence in the community.
  • Work in prisons and parole board to decide if prisoners should be released and support them in the community (post-prison).

[AC1.2]

WJEC Level 3 Criminology (KEDST 2023/24). (10 decks)

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