Topic 1: The Criminal Justice System in England & Wales Flashcards
(43 cards)
Define ‘The Criminal Justice System’
The criminal justice system is the set of agencies which collectively aim to deliver justice to people involved in crime (offenders, victims, witnesses).
What are the 4 functions of the CJS?
- Law administration
- Law enforcement
- The court system
- Punishment and rehabilitation of offenders
What is the function of the Home Office?
Responsible for the security and safety of UK citizens and oversee all security agencies and develop new strategies for law enforcement.
What is the function of the Ministry of Justice?
Oversee the remaining parts of the CJS and are responsible for the court system, prisons and probation service.
What makes up Parliament?
House of Commons, House of Lords and the Queen
Which parties would be found in the House of Commons?
Conservative Party, Labour Party, Scottish National Party, Liberal Democrats, Green Party
What are the 3 types of lords?
Hereditary peers, life peers and bishops
What is the House of Lords?
Second house of parliament, made up of 800 peers, only 92 of those have their place in parliament due to inherited titles and the majority earn their titles due to a high level of experience in a particular field.
What are the pre-legislative procedures?
Green paper and White paper
What is the purpose of green paper?
Sets out general aims and invites responses from interested parties
What is the purpose of white paper?
Follow up from green paper, published by the government containing firm proposals for the new law
Define a bill
A draft new law
How does a bill become a law?
Starts with a debate in the Commons, then passed onto the House of Lords for debate, and once both houses are happy, it will be passed to the queen for approval
What are the nine steps to a bill becoming a law?
- Green Paper
- White Paper
- First Hearing
- Second Hearing
- The Committee Stage
- The Report Stage
- Third Hearing
- House of Lords
- Royal Assent
Outline step 1 of a bill becoming a law
Governmental department publishes a green paper outlining the issue to incite discussion.
Outline step 2 of a bill becoming a law
Governmental department publishes paper documenting consultation on the issue and proposes a draft for the bill
Outline step 3 of a bill becoming a law
Bill is formally announced to the Commons and a vote is held on whether it should be heard in more detail by MPs.
Outline step 4 of a bill becoming a law
Main principles of the Bill are debated by MPs and a further vote is held to see if the bill can move forward, if the party proposing the bill has a majority of MPs in the Commons, it is likely to pass.
Outline step 5 of a bill becoming a law
A committee is formed out of MPs across all parties to examine the bill in detail, who will often make changes and report back to the Commons.
Outline step 6 of a bill becoming a law
Report from committee is heard and debated by MPs in House of Commons and votes are conducted in relation to any amendments made to the bill.
Outline step 7 of a bill becoming a law
Final hearing of the bill in the House of Lords, no amendments can be made and a final vote is held on whether to pass or reject the bill.
Outline step 8 of a bill becoming a law
If the bill is passed, it goes back to the House of Lords, where it will follow the same process as the House of Commons. If amendments are made, it goes back to the Commons to either accept or reject the changes. This can go back and forwards, which takes time, until both parties are in agreement to accept the bill and for it to become an act.
Outline step 9 of a bill becoming a law
After passing votes in both houses (Lords and Commons), the bill goes to the monarch to be signed. Then it becomes an act, effective immediately.
Define case law
When a member of the judiciary makes an overruling on a case which sets a precedent for all other courts. These cases are published in law reports, providing consistency for future cases.
