Relationships Between The Criminal Justice Sytem Flashcards
(30 cards)
What is the relationship between the police and the Crown Prosecution Service (CPS)?
The CPS works closely with the police, providing advice on evidence needed for prosecution and possible lines of enquiry. The police present evidence to the CPS, which decides whether to prosecute and the appropriate charge.
How can the police contact the CPS?
The police can contact the CPS 24 hours a day using CPS Direct.
What is the nature of the relationship between the police and the courts?
The courts have power over the police, demanding testimonial evidence and granting warrants for search and arrest.
What must the police do to extend custody time for an arrested person?
The police must obtain permission from the courts to extend custody time.
What happens if the police do not provide adequate evidence to the courts?
The courts can refuse the police’s requests, and the police cannot overrule this decision.
What rights does a charged person have under the Bail Act 1976?
A charged person is entitled to bail, though there are some restrictions.
How do the police and courts coordinate regarding a defendant’s court appearance?
The police and courts liaise about the date of the accused’s initial court appearance and inform the defendant if they are on bail.
What is the role of the police in relation to prisons?
The police work with prisons, especially near the end of an offender’s sentence, and manage the release and monitoring of offenders.
What happens if someone released from prison on license breaches their conditions?
The police will arrest them and place them before the court.
What is the Sex Offenders Register?
It is a list that offenders of sexual crimes are placed on, which the police must manage.
What is the relationship between the police and probation services?
The police assist if a person on probation reoffends and may arrest offenders who breach their release terms.
What do police and probation services do at MAPPA meetings?
They assess and report on an offender’s risk to the public and discuss community re-entry.
What is the role of the CPS in court hearings?
The CPS prepares for court hearings, reviews cases, prepares witnesses, and sources evidence.
What does the CPS consider before a trial?
The CPS considers whether there is sufficient evidence and if it is in the public interest for a trial.
What advocacy role does the CPS play in court?
The CPS advocates on behalf of the victim in both Magistrates’ court and Crown Court.
How does the CPS interact with defense lawyers?
The CPS may negotiate aspects of criminal cases, including plea bargaining.
What happens if there are developments in a case?
The CPS informs the courts of any developments.
In what cases may the CPS appear in higher courts?
The CPS may appear in appeal cases in the High Court, Court of Appeal, or Supreme Court for unduly lenient sentences or against initial verdicts.
What is the role of the court in relation to custodial sentences?
The court passes custodial sentences and determines the length and type of sentence, including concurrent and consecutive sentences.
How does the court ensure a defendant is taken to prison?
The court ensures that the defendant is taken to prison, usually by a private security firm.
What is the standard practice for remand prisoners attending court?
The courts try to use video links for suspects held on remand, provided it does not interfere with a defendant’s human rights.
What is a pre-sentence report?
A pre-sentence report is provided by probation services to the court, assessing the suitability of the offender to serve their sentence outside of prison.
What happens if the probation service reports a breach of a community/probation order?
If a breach is reported, the offender may be returned to court for further sentencing and a possible prison sentence.
What is the probation order requirement for prisoners released after serving 2 days to 2 years?
They must serve a probation order of a minimum of 12 months.
