UNIT 4- topic 1

Question 1

what is the role of the home office

Answer 1

they are responsible for the overall security and safety of the citizens of the UK. they oversee all security agencies including the police and the MI5. They also develop strategies for law enforcement.

Question 2

what is the role of the ministry of justice

Answer 2

the overall overseeing of the remaining parts of the criminal justice system is the ministry of justice. They work with 33 other agencies in order to deliver justice in society. They are responsible for the court system, the prison and probation service.

Question 3

What are the two main types of law in the UK?

Answer 3

• statutory law (government processes)

- case law (judicial processes)

Question 4

Who creates statutory laws?

Answer 4

Statutory law is passed by Parliament when a Bill is proposed in the House of Commons, approved by the House of Lords, and sanctioned by the Crown (the Queen) as an Act – the Royal Assent

Question 5

who creates case laws

Answer 5

case law happens when in court a judge allows a piece of evidence or something to be used in court, from then all the courts below that court will have to use that same method, this then makes it fair.

Question 6

what do they do in the house of commons

Answer 6

they will debate important issues, make and review laws, represent the public and hold the government to account.

Question 7

important other things in the house of commons

Answer 7

the prime minister will lead the government and will appoint ministers to form a cabinet. the government will review and create new laws and the opposition will challenge and question the government. The government is held to account in many ways such as once a week for 3o minutes the prime minister will answer questions from the MP’s. MP’s will review the policies and spending of the government which is called scrutiny. they will speak to the experts and the public to understand how laws affect our everyday life. This helps the government shape their policies. When the government wants to raise taxes the House of Commons has to agree.

Question 8

what are the 3 main tasks of the house of lords

Answer 8

to challenge and question the work of government, to help shape laws and to investigate issues through committees and debates.

Question 9

what are the 9 stages of creating a statute

Answer 9

1)produce a green paper 2)then a white paper 3)first hearing 4)second hearing 5)the committee stage 6)the report stage 7)third hearing 8)the house of lords 9)royal assent

Question 10

describe the first stage of creating a statute

Answer 10

producing a green paper; governmental department publishes a paper outlining issue to provoke discussion

Question 11

describe the second stage of creating a statute

Answer 11

producing a white paper; governmental department publishes paper documenting consultation on said issue and proposes a draft of the bill

Question 12

describe the third stage of creating a statute

Answer 12

first hearing; the bill is formally announced to the house of commons. on its initial merits, a vote is conduction to decide if it can be heard in more detail by all the MP’s

Question 13

describe the fourth stage of creating a statute

Answer 13

second hearing; if the bill succeeds in the vote, the main principles of the bill are debated by the MP’s and another vote is held to see if the bill can go further into the process. if the party in government has a very large majority of MP’s in the house of commons, the more likely this bill will pass the vote

Question 14

describe the fifth stage of creating a statute

Answer 14

the committee stage; a committee is then formed of MP’s across all parties to examine the bill in detail. they will often make changes to the bill then report back to the house of commons

Question 15

describe the sixth stage of creating a statute

Answer 15

the report stage; the report from the committee is heard and debated by the MP’s in the house of commons. votes are conducted in relation to amendments to the bill

Question 16

describe the seventh stage of creating a statute

Answer 16

third hearing; this is the final reading of the bill in the house of commons. debates can happen but no further amendments can be made. a final vote is conducted to either pass or reject the bill.

Question 17

describe the eighth stage of creating a statute

Answer 17

the house of lords; if approved in the third hearing, the bull then goes to the house of lords where it goes through the same stages as the house of commons (stages 3-7). if the lords make amendments to the bill, it then goes back to the commons to decide if they accept or reject the changes. eventually the bill has to be accepted by the house of lords if the bill is to become an act. This can often take some time to get the house of lords to pass the bill.

Question 18

describe the ninth stage of creating a statute

Answer 18

royal assent; after passing votes in both houses of parliament, the bill goes to the monarch where it gets signed. it then becomes an act and will come into force immediately.

Question 19

what are 8 roles of the police

Answer 19

• protect the public (safeguarding the public)
• maintain law and order
• prevent crime
• conduct interviews with suspect, witness, victims
• arrest suspects
• divided into constabularies around the country
• investigate crime
• maintain social order and support the welfare of citizens

Question 20

what are 4 roles of the CPS

Answer 20

• check the evidence to see if it can be used in court (asses it part of if it is admissible-full code test)
• advise the police on what evidence is needed to prosecute
• prepare the cases for court for the prosecution including preparation of witnesses
• make the charging decisions- if the suspect is charged or not, and the offence the suspect has committed.

Question 21

Name the two courts of first instance in England and Wales?

Answer 21

magistrate and crown court

Question 22

What types of offences get dealt with at the magistrates’ court

Answer 22

summary offences or either way offences

Question 23

What three things other than a trial will get dealt with at a magistrates court?

Answer 23

bail, legal aid, plea bargaining.

Question 24

What types of offences get dealt with at the Crown court?

Answer 24

indictable offences or either way offences

Question 25

Name the key personnel and their role at a magistrates’ court

Answer 25

3 magistrates, clerk, prosecution and defence solicitors,

Question 26

Name the key personnel and their role at a Crown court

Answer 26

jury, judge, prosecution and defence barristers

Question 27

Name the two main appellate courts and what distinguishes the two?

Answer 27

the court of appeal and the supreme court. The supreme court is the highest court and they have a panel of 12 judges who will sit in panels of 3 to hear cases.

Question 28

Provide 4 roles that the HM Prison Service fulfils

Answer 28

• organise and run the prisons of england and wales and are responsible for those in custody
• responsible for rehabilitation programmes so that prisoners are released lead law abiding lives
• the support effective offender management and post prison care
• they run 109 out of 123 prisons in the uk

Question 29

Provide 7 roles that the National Probation Service fulfils

Answer 29

• manage and supervise those in the community, they also provide support to those who are released from prison but still serving a sentence
• provide pre sentencing reports for the courts to help guide the appropriate sentencing
• they manage approved premises for offenders with a residence required on their sentence
• they asses offenders in prison to prepare them for release on license to the community
• they help all offenders serving sentences in the community to meet the requirements ordered by the courts
• they provide support from rehabilitation and post sentence reintegration to society
• provide support for victims of serious sexual and violent crime

Question 30

what other agencies does the Government & Judiciary

(Law creation) have a relationship with

Answer 30

ministry of justice

Question 31

how does the Government & Judiciary

(Law creation) have a relationship with the ministry of justice

Answer 31

they oversee the work of HM courts and tribunals service, probation service and the prison syuff

Question 32

what other agencies does the Police have a relationship with

Answer 32

courts
probation
the cps

Question 33

how does the police have a relationship with the courts

Answer 33

to ensure defendants, in custody, are brought before them they give evidence in courts

Question 34

how does the police have a relationship with the probation service

Answer 34

the management of an offender

Question 35

how does the police have a relationship with the CPS

Answer 35

in the charging and prosecution of offenders

Question 36

what other agencies does the CPS have a relationship with

Answer 36

the police

courts

Question 37

how does the CPS have a relationship with the police

Answer 37

charging a suspect

Question 38

how does the CPS have a relationship with the courts

Answer 38

to conduct to Advocacy of a case

Question 39

what other agencies does the HM Court and Tribunal Service have a relationship with

Answer 39

the judiciary
liaison with the police/ independent security firms and prisons to ensure safe delivery of prisoners to court
courts

Question 40

how does the HM Court and Tribunal Service have a relationship with the judiciary

Answer 40

to law creation through judicial precedent and statutory interpretation

Question 41

how does the HM Court and Tribunal Service have a relationship with the liaison with the police/ independent security firms and prisons to ensure safe delivery of prisoners to court

Answer 41

to ensure safe delivery of prisoners to court

Question 42

how does the HM Court and Tribunal Service have a relationship with courts

Answer 42

arrangements of video links if a prisoner is not to attend court for a hearing prisoners help in court cells pending their court hearing and return to prison

Question 43

what other agencies does the HM Prison Service have a relationship with

Answer 43

lawyers
judge
police
probation services

Question 44

how does the HM Prison Service have a relationship with lawyers

Answer 44

may seek visits to prisons for legal consultations

Question 45

how does the HM Prison Service have a relationship with judges

Answer 45

sets a term of imprisonment including the length, type and whether it is concurrent or consecutive

Question 46

how does the HM Prison Service have a relationship with police

Answer 46

those defendants who have been denied bail by the police or courts will be remanded to prison

Question 47

how does the HM Prison Service have a relationship with probation services

Answer 47

when a prisoner is to be released

Question 48

what other agencies does the National Probation Service

have a relationship with

Answer 48

police

HM prison service

Question 49

how does the national probation service have a relationship with police

Answer 49

will arrest a prisoner recalled while on probation and ensure return to prison and overseeing prisoner once released if on license or parole liaison with police should there bay issues and recall to prison if appropriate

Question 50

how does the national probation service have a relationship with HM prison service

Answer 50

liaison and preparation between agencies when prisoners are released, overseeing all prisoners who have served a sentence of up to two years, and released on license for a minimum of 12 months.