AC1.2 Flashcards
overview of the criminal justice system
divided the system up into the following:
law creation and administration - the passing of the criminal laws by parliament and the running of the justice system by government department
law enforcement - police
the courts - decide the outcome of criminal cases
punishment of convicted offenders - prison and probation service
what is the police?
the role of the police is to enforce the existing law. police have stop, search, arrest and detain powers under PACE
what relationships does the police have?
the courts - providing the court with evidence/giving statements, transporting and holding defendants to and from court
the cps - take advice from the CPS on charging suspects. they will provide the CPS with ant evidence they require to build a case so that it can be taken to court
Prison and Probation services - will collect/ arrest individuals in breach of their probation terms/licence and take them to prison. police co-operate with this services in managing offenders that lives in the area
what is the role of the CPS?
the CPS represent the crown and are responsible for cases to court for prosecution when a crime has been committed. it must be within the ‘public interest’ to prosecute and they must abide by the full code test
what relationships does the CPS has with?
courts - the CPS will put together a bundle for court that contains everything the judge needs to see for pending trial. they will prepare and present the case to court using experience advocate. the cps will provide anything the judge request if trial goes ahead
the police - advise the police how to charge suspects. request evidence collected by the police to help build their case
what is sentencing council?
the sentencing council are responsible for providing the courts with up-to-date guidelines on the sentence tariffs for every offence. they also try to help members of the public understand more about sentencing.
what relationships does sentencing council have with?
courts/judges - the judges sit in the courts and are guided by the sentencing guidelines issues by the sentencing council. this is to ensure that there is fairness and consistency across all uk courts.
cps and defendant - judges can give a sentence indication so that both sides can consider if a guilty plea is the best option.
what is prison and probation?
prison hold offenders in custody when they been given a guilty sentence by the court/pending trial. prisons provide a secure place for offenders to serve their sentences. probations officers ensure that the offenders keep to the terms of their license agreed by the courts. e.g. curfew/tagging etc
what prison and probation service relates too?
police - probation service will need to inform the police if an offender goes awol and needs bringing in. probation service often needs enforcement help the police. probation officers will help to manage offenders by reminding them of court date/police interviewing/questioning
courts - probation service will update the court with an breaches of licence/ ill behaviour and prepare reports. prison services will keep the court updated on behaviour. prisons officers will transport the prisoner to and from court for hearing/trial
