1.2- describe the organisation of the criminal justice system in England and Wales Flashcards
what are the criminal justice system divisions?
-law creation and administration- passing of laws by the Parliament and the running of the justice system by government departments
-law enforcement- by the police
-the courts- outcome of criminal cases, including prosecution and defense
-punishment of convicted offenders- by prisons and probation services
brief overview of law creation:
parliament passes acts and make laws dealing with crime.
Judges create law by setting judicial precedents, and interpreting the meaning of statutes
these both oversee most of the justice system and are responsible for its smooth running: Ministry of justice and home office
brief overview of the police (agency of CJS)
responsible for enforcing criminal law. They investigate crimes, collects evidence detain and question suspects etc. They will send the files to the CPS to decide whether to prosecute. 43 in England and Wales
brief overview of the CPS
independent prosecution service for England and Wales- deals with 1/2 mil cases a year.
advises police in their investigations about lines of inquiry and what evidence is needed to build a case
Assesses submitted evidence
Decisions are based on application of the full code test
prepares prosecution case in court
brief over view of the courts
After charge, they are brought to a court (magistrates if less serious, crown court if more serious- triable by judge and jury) CPS and lawyers will present arguments and evidence for against the defendant. Testimonial and or physical evidence.
Jury or magistrates will decide the verdict. Judge or magistrates will decide punishment if guilty. Based on relevant statute and sentencing guidelines produced by SC. Offenders may appeal against their conviction.
brief overview of HM prison and probation service
HMPS supervises prisoners in custody
NPS supervises offenders who are serving their sentence in the community, including prisoners who have been sent on licence. They also seek to rehabilitate
describe the relationships police have with other agencies:
COURTS: giving evidence as prosecution witness, providing protection for vulnerable witnesses, holding defendants in cells and transporting them to and from court
CPS: providing evidence for prosecution of defendants, charging them in line with CPS instructions
HM prison and probation services: will arrest when prisoners breaching terms of their licence. Also cooperate in managing of list of sex offenders in the area.
VOLENTARY ORGANISATIONS: referring victims and witnesses of crime to victim support, woman’s refuges, witness service
describe the relationships CPS have with other agencies:
POLICE: advising on possible lines of enquiry and evidence collection to build a case, instructing them on charging suspects
COURTS: preparing and presenting the prosecution case against offenders- preparing appeals against unduly lenient sentences
describe the relationships the government departments have with other agencies:
COURTS, PRISON SERVICE, PROBATION SERVICE: through HM courts and Tribunals service the HM prisoner and Probations service. The MOJ is the department responsible.
THE POLICE: home office is responsible, e.g. for setting natural policing priorities.
Government provides funding for these parts that come out of general taxation
describe the relationships the National Probation Service have with other agencies:
HM Prison service and Parole board: supervising prisoners who are released on licence.
The courts: preparing pre sentencing reports on offenders; supervising offenders who have been given a community sentence by the court, supervising drug testing under court orders
describe the relationships HM Prison service have with other agencies:
COURTS: carrying out custodial sentences that the court has imposed on offenders. Supervising defendants who have been remanded into custody, facilitating visits from defense lawyers
POLICE: facilitating interviews with prisoners involved in ongoing police investigations
NATIONAL PROBATION SERVICE: liaising when a prisoner is to be released from prison on licence
describe the relationships other agencies have with other agencies:
other parts: voluntary organizations: e.g. Victim support liaises with police courts and CPS to support victims through stages of trial and investigation. Campaigns: to changes to the justice system e.g. INQUEST have relationships with courts, prisons, police, MOJ and home office
