AC1.2 Describe the organisation of the CJS in England & Wales Flashcards
(56 cards)
what is CJS made up of?
- law creation and administration
- law enforcement
- the courts
- punishment of convicted offenders
what are the main agencies involved in law creation and their roles?
a. parliament - passes acts
b. judges - create law by setting judicial precedents that other courts must then follow, and interpret the meaning of statutes
which two government departments oversee most of the justice system?
the ministry of justice
the Home Office
what is the role of the police in enforcing law?
responsible for enforcing the criminal law
investigate crime and collect evidence
arrest, detain and question suspects
what punishments are the police able to give to offenders?
minor cases - may issue caution or fixed penalty notice
in all other cases they will send the files to the CPS to decide whether to prosecute
briefly outline the 4 stages of work of the CPS in dealing with a case?
- advise police in their investigation - about lines of enquiry and what evidence is required to build a case
- assesses the evidence the police submit. decides whether to prosecute and what the charge will be
- its decisions are based on applying the full code test to the case
- prepares and presents the prosecution case in court
once a suspect is charged where do they appear?
the magistrates court
what happens when a defendant pleads guilty?
leads to a sentencing hearing
what happens when a defendant pleads not guilty?
leads to a trial being prepared
what offences are dealt with by the Crown Court?
serious offences which are triable by judge and jury
what does the prosecution present once a case goes to court?
arguments and evidence for and against defendant
who decides the verdict in a trial?
jury (in crown court) or magistrates
who decides the punishment in trial?
judge or magistrates
what is the role of HM Prison service in carrying out sentences?
supervises offenders in custody
what is the role of the National Probation service in carrying out sentences?
supervises offenders carrying out their sentence in the community
who other role do both HM Prison Service and the National Probation Service have in dealing with offences?
seek to rehabilitate offenders so that they can lead a crime-free life
prison
carries out the sentences given to the suspect
supervise offenders while in custody
aim to rehabilitate offenders to prepare them for release
work with other agencies (e.g. court/probation/police)
how many prisons are there in the UK?
122
National probation service
supervise offenders in the community
write pre-sentence reports to help the court decide the most appropriate sentence
assess offenders in prison
arrange housing accommodation for offenders
ensure offenders are complying to their license conditions
what does national probation service seek to do?
rehabilitate offenders
when was national probation service created?
2014
sentencing council
produce guidelines on sentencing of the judiciary and other working professionals
what factors do judges consider when passing sentences?
repeat offender/ first time offender
plea bargain
circumstances/ seriousness of offence
risk to public
impact on victims
the guidelines
what are the agencies of the CJS?
parliament
judiciary
the police
CPS
HM Courts
HM Prisons
National Probation Service
The Sentencing council
Ministry of justice
Campaigns for change