AC1.2 - Describe the organisation of the CJS in England and Wales Flashcards
(33 cards)
What is the administration of the system? (Law creation and administration)
Two government departments oversee most of the justice system and are responsible for its smooth running: the Ministry of Justice and the Home Office
What is the role of the ministry of justice? (Law creation and administration)
A government run department that oversees most of the justice system, and is responsbile for its smooth running
- HM Courts and tribunals service - responsible for administration of the courts and tribunals in England and Wales
- Probation services
- Prison systems
What is the role of the Home Office? (Law creation and administration)
Responsbile for immigration, security, law and order
What is the role of the police? (Law enforcement)
- Enforce the criminal law (43 regional police forces in Eng and Wales)
- Investigate crimes and collect and analyse CCTV evdience
- Arrest, detain and question suspects
- Interview witnesses/victims
- May issue cautions/fixed penalty notice or sent to CPS who decide to prosecute
What is the role of the CPS?
- Advise police in investigation about lines of inquiry and what evidence is required to build a case
- It assesses the evidence the police submit and decides whether to prosecute and what the charge will be
- Its decisions are based on applying the Full Code Test to the case
- It prepares and presents the prosecution case in court
What is the role of the Court?
HM Courts and Tribunals Service is responsbile for the administration of the courts and tribunals in England and Wales
- Once charged, a suspect is brought to the Magistrate’s Court for their plea
- Pre trial: guilty or not guilty plea decided. Bail decided: unconditional, conditional or refusal
- The Magistrate’s is made up of volunteers who hear summary offences. Max sentence for single offence 6 months. 95% of cases heard here. Crown court has a judge and jury, hear indictable offences
The judge’s choice of sentence will be based on a relevant statute and the sentencing guidelines produced by the Sentencing Council. Offenders may appeal against their conviction and/or sentence
What is the role of the HM Prison Service? (Formal punishment)
They will supervise offenders in custody as part of the sentence given by the court (both have role of rehabilitation)
What are the two types of formal punishment?
Prison and Probation
What is the role of the National Probation Service? (Formal punishment)
Supervise offenders in the community including prisoners who have been released on licence to serve some part of their sentence outside of prison. Weekly meetings, check offender understands what they’re there for, responsible for residence, checking they attend unpaid work and supervise drug testing
What is the role of campaigns?
- Black Lives Matter
- Harper’s Law
- Clare’s Law
- Sarah’s Law
- # MeTooCampaigns can help change the law and make changes to the CJS and have an impact on punishments that are handed out
What is the relationship between the police and courts?
- Police may give evidence in court as a prosecution or defence witness
- Police work with court by providing protection to vulnerable witnesses - minors or someone with mental health problems
- Police hold defendants in police cell in remand and organise transport to court. This is if they have been refused bail before the Magistrate’s hearing
- Police will keep order outside courtroom e.g., Protests
What is the relationship between the courts and police?
- Police need approval from courts to keep suspect longer than max 24 hours
- Court need to liaise with police as victims need to be informed of sentencing
What is the relationship between the police and CPS?
- Provide evidence to CPS for prosecution of offenders. After investigation would ask if evidence is sufficient/more needed
- Charge offenders in line with CPS instructions
- Build file on behalf of CPS and continue to investigate following charge, in line with directions from CPS
- Support CPS in court, to answer any questions the CPS barristers may have on the case/complete actions e.g., defence have additional disclosure requests
What is the relationship between the CPS and police?
- During investigation: CPS advise police on possible lines of inquiry and evidence to build a case - what evidence to find/is credible to guide them to get sufficient evidence for prosecution
- Instruct police on charging offenders. They may advise police on type of offence the suspect may be charged with and which court they could appear in
- Will assess evidence given to them by police for an indictable offence e.g., Full Code Test
What is the relationship between the police and prisons?
- If a prisoner is recalled to prison for breaching terms of licence the police will rearrest the offender
- Police co-operate with prison and probation services to manage the list of offenders in the area for high-risk offenders - violent/sex offenders
- May also be required to give information about an offender e.g., personality/mental health
What is the relationship between the prisons and police?
- Prisons work with police by facilitating interviews with prisoners involved in ongoing police investigations e.g., discussing case with suspect held on remand. The prison would work with police by arranging time, date and place to facilitate
- If appropriate, suspect may be produced from prison for a police interview - someone will monitor prisoner e.g., guard
- The prison monitors people in prison and gathers intelligence and feeds this back to police
- Prison will notify police of high-risk offenders being released on licence or at the end of their sentence.
- Will organise a date and time for suspect to be at police station - can’t take a victim to do a police line up in prison
What is the relationship between the police and probation service?
- Police co-operate with probation services to manage list of sex offenders in the area
- Sarah’s Law requires police to disclose info on people who may be a risk to children following a disclosure request by a parent
- Will share intelligence with probation, which may instigate a recall back to prison if someone is on licence but has been arrested
What is the relationship between the probation service and police?
- In the instance an offender breaches their licence, the probation service will inform the police e.g., notified and offender may be returned to prison
- Once the court have issued a warrant the Police will arrest the person on behalf of the probation service
- The probation service will provide intelligence to the police regarding concerns e.g., using substances again (as this is an indicator of criminal activity)
What is the relationship between the police and voluntary organisations?
- Police usually refer victims and witnesses of crime to victim support
- Police may refer women who are victims of DV to women’s refuges to keep them sage
- Police may refer victims of honour crime to Karma Nirvana, a specialist charity for victims and survivors of honour-based violence and forced marriage
- May refer witnesses to Witness Service for support regarding the process of being a witness, requirements at court
What is the relationship between voluntary organisations and the police?
- Victim support help victims to understand their rights and the process from investigation to court. Victim support will orientate a victim in the courtroom before trial. This helps the police, as victims are able to give their best advice
- Organisations such as Howard League for Penal Reform & Inquest have worked with the police to improve practices. They have worked together in research before making recommendations to improve practices such as reducing deaths in police custody, changing age of ‘child’ in police custody from 17–>18
What is the relationship between the Courts and CPS?
- The court will check the evidence is admissible on the pre-trial hearing e.g., Colin Stagg case thrown out
- The court ensure a fair trial takes place on behalf of the CPS
- The court will sentence the suspect if they are found guilty
What is the relationship between the CPS and Courts?
- Prepare and present prosecution cases against offenders
- CPS will provide the evidence needed for the burden of proof to be made
- CPS will present facts in issue and relevant facts
- Will need CPS to present case for a criminal trial - CPS will inform court about facts in issue and what relevant facts are –> Meredith Kercher
- Prepare appeals against unduly lenient schemes
What is the relationship between the courts and prisons?
BEFORE/DURING TRIAL
- Organise video links if giving evidence from prison
- May order an offender to be held on remand (refuse bail). If the offender was at risk of breaching condition e.g., talking to a witness
AFTER TRIAL
- May pass a custodial sentence to an offender and provide details of sentence to prisons - severity of crime, offence, length
What is the relationship between prisons and courts?
BEFORE/DURING TRIAL
- Organise video links if necessary - during COVID limited amount of people in one room
- Supervise offenders who have been remanded in custody by courts
- Facilitate visits from defence lawyers to their clients in prisons
AFTER TRIAL
- Supervise the offender for the duration of their sentence, as passed by courts. If they are not complying to sentence prison might get back in touch with courts
