1.2 - Describe the organisation of the CJS

Question 1

describe the relationship between the police and courts

Answer 1

• not an equal relationship - court has power over the police
• the court can require the police to attend and give evidence
• the court can grant a warrant of search and/ or arrest to the police if the police provide sufficient evidence
• The police hold the accused who has been denied bail prior to their court appearance
• the police can bail the accused pending their court appearance
• after the initial court hearing, those denied bail return to the police cells pending their removal into custody at a prison
• liaise with regard to the date of the accused courts appearance

Question 2

describe the relationship between the police and CPS

Answer 2

• Police will investigate a potential crime and liaise with the CPS regarding charge
• police provide evidence for CPS for prosecution of offenders
• CPS will advise the police during the early stages of investigation (e.g. on what evidence to get) and review cases submitted by the police for prosecution
• CPS advise police on possible lines of enquiry, evidence collection to build a case and instruct them on charging suspects

Question 3

describe the relationship between the police and HM prison services

Answer 3

• Police interview in prison. Police will have to discuss arrangements with prison service of when and how to interview
• prisoners are held locally once arrested, and are transported to prisons if a remand into custody has been ordered by the courts.
• Police will arrest prisoners who have been recalled to prison for breaching the terms of their license and ensure return to prison
• as a result of Sarah’s law, the police also cooperate with prison/probation services in managing the list of child sex offenders living in their area

Question 4

describe the relationship between the police and voluntary organisations

Answer 4

referring victims and witnesses of crime to victim support, women’s refuges, the witness service etc.

Question 5

explain the relationship between the CPS and courts

Answer 5

• act on side of prosecution in trial (represent side of law within courts)
• provide info from previous trial in appeals.
• prepare cases for court and present them in court
• will consider whether there is sufficient evidence and if so, whether the public interest requires a prosecution
• CPS will also carry out the advocacy for hearings in either magistrates court or crown court

Question 6

explain the relationship between the government departments (ministry of justice, home office) and the courts, prison service and probation service

Answer 6

• make decisions about the budgets, policies/ procedures they need to follow.

Question 7

explain the relationship between the government departments (ministry of justice, home office) and the police

Answer 7

• home office get info from police statistics and make it into stats
• responsible for setting national policing priorities based off these

Question 8

explain the relationship between the probation service and the courts

Answer 8

• Probation officers will attend the court and provide advice about any breaches
• they may be called upon to prepare a report for the court, especially if the court is considering imposing a probation order made by the judge or magistrate
• probation service are responsible for drafting pre-sentencing reports that are used in the pre-trial process

Question 9

describe the relationship between the probation service and the HM prison service + parole board

Answer 9

• when deciding if someone should be released, they work together to decide
• prison service will tell the probation service about why the person should or shouldn’t be released.

Question 10

describe the relationship between probation service and charities

Answer 10

• work with the offenders under probation to help rehabilitate them
• lease with relevant charities to support offenders

Question 11

describe the relationship between the HM prison service and the courts

Answer 11

• oversee custodial sentence given by court
• if no bail, kept in prison under prison service
• prisoners must be brought to and from the court when hearings are listed so administration and communication between the two are important.
• Prisoners would be held in court cells pending their court hearing and return to prison.
• if offender is on remand, the courts and prison service must liaise with one another to ensure the defendant appears before court.
  If this isn’t possible, the prison service may need to produce the offender for court appearance via a video link rather than in person at a court.

Question 12

describe the relationship between the probation service and police

Answer 12

• The police may be called upon to assist if a person on probation reoffends.
• Police will arrest prisoners who have been recalled to prison for breaching the terms of their license

Question 13

describe the relationship between HM courts and tribunals service with the courts and judges

Answer 13

• hierarchy in the courts system - all of courts within it interact together
• e.g. if harsher sentence is needed, magistrates court will pass trial to crown.
• judges are responsible for deciding the sentences passed by the court

Question 14

describe the relationship between HM courts and tribunals service with the HM prison service

Answer 14

• not granted bail between court hearings - held in prison
• someone sentenced to prison, prison service does it

Question 15

describe the relationship between the police and other agencies within the criminal justice system

Answer 15

police and courts: not equal relationship - court has power over police. Court can require police to attend and give evidence.
court can grant a warrant of search/ arrest to police if police have sufficient evidence

police and CPS: CPS advice police on possible lines of enquiry, evidence collection to build a case and instruct them on charging suspects.
police provide evidence for CPS to prosecute offenders

Police and HM prison service: Police interview in prison, police will have to discuss arrangements with prison service of when and how to interview.

police and probation: police will arrest prisoners who have been recalled to prison for breaching the terms of their probation licence.

police and voluntary organisations: referring victims and witnesses of crime to victim support, women’s refugees, the witness service etc.

Question 16

describe the relationship between the CPS and other agencies within the criminal justice system

Answer 16

CPS and police: CPS advise police on possible lines of enquiry, evidence collection to build a case and instruct them on charging suspects.
police provide evidence for CPS to prosecute offenders

CPS and courts: CPS act on side of prosecution in trial (represent side of law within courts.
Prepares and presents cases in courts.
Provides info from previous trials in appeals.

Question 17

describe the relationship between the probation service and other agencies within the criminal justice system

Answer 17

Probation service is a part of HM prison and probation service. This is a part of the ministry of justice, which includes the courts and prisons

oversees prisoners once released from prison, if on licence/ parole

Police may be called upon to assist if a person on probation reoffends.
The police will arrest an offender released from prison who breaches the terms of his/her licence and is recalled.

Probation officers will attend the court and provide advise about any breaches.
They may be called upon to prepare a pre-sentence report for court, especially if the court is considering imposing a probation order by judge/mag

liaise with charities/voluntary organisations to help rehabilitate and support people under probation to help prevent reoffending.

Attend MAPPA meetings with other agencies such as police and prison service to determine whether a prisoner should be released and if so under what conditions.

Question 18

describe the relationship between the prison service and other agencies within the criminal justice system

Answer 18

prison service + courts: prisoners must be brought to and from the court when hearings are listed so administration and communication between the two are important.
Prisoners would be held in court cells pending their court hearing and return to prison.

Prison service + police: prisoners are held locally once arrested and are transported to prisons if a remand into custody has been ordered by the courts.
Police would arrest a prisoner recalled whilst on probation and ensure return to prison.
Police interview in prison, police will have to discuss arrangements with prison service of when and how to interview.

prisons and Judiciary: It’s the judge who sets a term of imprisonment, including the length, type and whether it’s concurrent or consecutive.

Attend MAPPA meetings with other agencies such as police and probation to determine whether a prisoner should be released and if so under what conditions.

Question 19

describe the relationship between the courts and other agencies within the criminal justice system

Answer 19

Courts + police - Not an equal relationship (court has power over police)
court can require the police to attend and give evidence, grant a warrant of search and/or arrest to the police if the police provide sufficient evidence

courts and probation - probation services may be required to attend the either mag/crown court to provide a pre-sentence report about offenders.

courts and prisons - if an offender is on remand, the courts and prison service must liaise with each other to ensure the defendant appears before the court.

courts + CPS - CPS acts on side of prosecution in trial (represents side of law in court)
CPS prepares cases for courts and presents them in court.

Question 20

outline the role of the prison service

Answer 20

keep those sentences to prison in custody, helping them lead law-abiding lives both whilst in prison and after release too.

they work with courts, police, local councils and voluntary organisations in order to achieve this

Question 21

describe the relationship between the courts, police and CPS

Answer 21

• police investigate a potential crime and liaise with the CPS regarding charge.
• The police will ensure arrested suspects held in police custody are brought before the courts.
• The CPS will advise the police during the early stages of an investigation.
• They will review cases submitted by the police for prosecution, prepare cases for court and present those cases at court.
  In each case reviewed, the prosecutor will consider whether there is sufficient evidence and, if so, whether the public interest requires a prosecution.
• CPS will also carry out the advocacy for hearings in either the magistrates’ court or the crown court.

Question 22

describe the role of the CPS

Answer 22

• established under the prosecution of offences act 1985
• They have the power to decide charge in all but minor offences under the criminal justice Act 2003.
• they must decide which cases should be prosecuted, using the evidential and public interest test.
• They advise the police in early stages of investigation or for minor charges.
• They prepare and present cases at court.
• provide into, assistance and support to victims and prosecution witnesses.