AC 1.2 - Organisation of Criminal Justice System - Roles Flashcards
(18 cards)
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
(Formal Punishment) What is Community Service? (1 point)
Being placed under supervision of the NPS with a range of requirements (E.G. unpaid work). Can last from 6 months to 3 years
(Formal Punishment) What is a Suspended Sentence? (1 point)
A prison sentence imposed but suspended for a defined period of time. No further sanction if the offender stays out of trouble
(Formal Punishment) What is a Custodial Sentence? (1 point)
Sentenced to custody in prison. Magistrates can only impose for up to 12 months. Judges in Crown Court can impose longer sentences for very serious offences (E.G. murder)
