AC1.2 Flashcards
Describe the organisation of the criminal justice system in England and Wales
What is the role of government departments in the criminal justice system?
Provide funding for the courts, prison services, probation service and the police.
Which two departments are in charge of the administration of the criminal justice system?
The Ministry of Justice and the Home Office.
What is Parliament’s role in the criminal justice system?
Making the laws that society and the institutions in the CJS follow.
What services does the Ministry of Justice oversee?
- HM Courts and Tribunal Service
- Probation Services
- Prison Systems
What role does the Judiciary play in the criminal justice system?
Creates law by setting judicial precedents and interpreting statutes.
What are the core operational duties of the police?
- Protecting life and property
- Preserving order
- Preventing the commission of offences
- Bringing offenders to justice
How do the police interact with the courts?
- Giving evidence as prosecution witnesses
- Providing protection for vulnerable witnesses
- Holding defendants in police cells
- Transporting defendants to and from court
- Applying for search and arrest warrants
What is the role of the Crown Prosecution Service (CPS)?
Prosecutes criminal cases investigated by the police and other organizations.
What is the Full Code Test used by the CPS?
An evidential and public interest test to decide which cases to prosecute.
How does the CPS interact with the police?
- Advises police in early investigation stages
- Instructs police on charging suspects
- Provides a 24-hour advice service
What types of courts exist within the criminal justice system?
- Magistrates Court
- Crown Court
What is the primary function of the Magistrates Court?
Deals with less serious offences (about 95% of all cases).
What is the function of the Crown Court?
Deals with serious offences, which are triable by a judge and jury.
Who decides the verdict in a Crown Court case?
The jury or magistrates.
What is the role of HM Prison Service?
Responsible for anyone given a prison sentence by the courts.
What does HM Prison Service do with suspects awaiting trial?
Holds suspects who have been refused bail (kept on remand).
How does HM Prison Service interact with the courts?
- Carries out custodial sentences imposed by the court
- Supervises defendants remanded into custody
- Facilitates visits from defence lawyers
What is the role of HM Probation Service?
Supervises offenders serving sentences in the community.
What does the Sentencing Council do?
Promotes transparency and consistency in sentencing and issues guidelines the courts must follow.
What are aggravating factors in sentencing?
Factors indicating greater harm and higher culpability.
What are mitigating factors in sentencing?
Factors indicating a lower degree of culpability and risk of harm.
What is a Campaign for Change?
A set of planned activities aimed at achieving social or legal change.
What is Sarah’s Law?
A child sex offence disclosure scheme.
Who collaborated to develop Sarah’s Law?
Sarah’s mother and the Home Office.
