AC 1.2 - Organisation of Criminal Justice System - Roles Flashcards
What is a Public Bill? (1 point)
Most common type. Relates a law affecting the public, put forward by government ministers
What is a Private Member’s Bill? (1 point)
Public bills introduced by MPs or Lords - NOT government ministers
What is a Private Bill? (1 point)
Normally put forward by an organisation or a private company. Only affects certain groups
What is a Hybrid Bill? (1 point)
Combination of Public & Private. Affects the public, but will also has a significant impact on specific groups
What is the purpose of the Ministry of Justice? (4 points)
(Secretary of State - Alex Chalk)
Carry out government policy for criminal, civil, and family justice systems
Responsibilities:
- Provision of legal aid
- Administering justice
- Detention and Rehabilitation
Protect the public and reduce reoffending to provide a more effective system
What is the Role of the Police? (4 points)
- To maintain law & order, protect the public & their property, and prevent, detect and investigate crime
- There are many specialist services + departments, E.G. Drugs Squad, Special Branch (terrorism)
- Monitor all criminal activity and respond to emergency calls, and police the communities (E.G. Patrol)
- Physical presence prevents crime and provides a sense of reassurance
What is the Role of the CPS? (5 points)
- Advise the police on cases for possible prosecution
- Review cases submitted by the police
- In serious and complex cases, decide the charge
- If an offender is charged, the CPS prosecute the offence in court - Advocacy
- Use the Full Code Test to decide the charge: Evidential & Public Interest stage
What is the Role of the HM Prison Service? (3 points)
- Keep those sentenced to prison in custody, helping them lead law-abiding lives via Rehabilitation (Therapy, Drug Rehabilitation)
- Runs 103 of the 117 prisons in England and Wales. Others are privately owned
Responsibilities:
• Health & Welfare of Prisoners
• Managing prison & probation services
• Supporting effective offender management
What is the Role of the NPS? (3 points)
- Supervise high-risk offenders released into the community
- Protect the public by the effective rehabilitation of high-risk offenders, by tackling the causes of offending and helping offenders turn their lives around
- Monitor and support offenders serving their sentence out of prison, by having regular meetings with the offenders
Describe the Magistrates Court (5 points)
- Deals with 95% of all criminal cases
- Try all summary cases
- Try any triable either-way offence suitable for the Magistrates
- Deal with all side matters connected to criminal cases, such as issuing warrants for arrest and deciding bill applications
- Can pass maximum custodial sentence of up to 12 months and impose fines up to £5,000
Describe the Crown Court (3 points)
Courts Act (1971)
- The second court of first instance and hears trial in indictment (E.G. rape, murder)
- When the defendant pleas not guilty, the jury decide whether they are guilty or not guilty beyond all reasonable doubt
- When there’s a guilty verdict, the judge decides a sentence for the defendant
Describe the Youth Court (5 points)
- Specialised part of the Magistrates that deals with cases involving 10-17 year olds
- Not open to protect the young people involved
- Deals with: Theft & Burglary, Anti-social behaviour, Drug offences
- For serious crimes, the case starts in a Youth Court, but is passed to a Crown Court
Can give a range of sentences, E.G:
• Community services
• Detention & Training Orders
What is the Role of the Judge? (5 points)
- Acts as a referee within a trial, ensuring a fair trial
- Ensures the jury understands the evidence and the issues
- Advise the jury on how to apply the law, and procedure & explain their duties
- Will pass a sentence if the defendant is found guilty
Can sit alone under the CJA (2003) to determine a verdict
(Formal Punishment) What is a Conditional discharge? (1 point)
No further sanction as long as the offender stays out of trouble for the discharge period
(Formal Punishment) What is a Fine? (1 point)
Level of fine usually related to the seriousness of the offence & must be paid within a set period of time
