1.2- Describe the organisation of the criminal justice system in England and Wales

The Criminal justice system

*The Criminal justice system in England and Wales is made up of interconnected organisations and agencies.

*We can separate the system into; Law creation and administration (passing of criminal laws by parliament), Law enforcements (Conducted by the police), The courts (Decide the outcome of criminal cases) and Punishment of convicted offenders (Prisons and probation service).

Agency- Law creation

*Parliament- A bill is proposed by the government, it goes through a series of stage before a bot is taken to pass or reject it. If the bill is passed it becomes a law and is sent to the monarch to be given Royal assent.

*Judiciary- Judges follow precedent set by previous cases; the previous judgement forms the law. They can also make law through statutory interpretation.

Agency- The police

*The police are responsible for enforcing the criminal law, investigating crimes and collecting evidence, arresting, detaining and questioning suspects.

*In the case of a minor crime, they would issue a caution or fixed penalty notice.

*If the case was serious they would send files to the CPS so they could decide whether to prosecute.

Agency- The crown prosecution service

*The CPS is an independent prosecution service for England and Wales.

*The CPS advises the police in their investigations about lines of inquiry and what evidence is required to build a case.

*They also assess the evidence that police submit to it and decide whether to prosecute and what the charge will be.

*The CPS also prepare and present the prosecution case in court.

Agency- HM courts and Tribunals service

*They are responsible for the administration of the courts and tribunals in England and Wales.

Agency- The courts

*100% of cases start in the Magistrates court, and 95% of them end there.

*Pre-trial issues such as legal aid and bail will be discussed, after the defendant pleads guilty or not guilty. Guilty please will lead to a sentencing hearing and not guilty pleas will lead to a trial being arranged.

*Magistrates court deal with summary offences, whereas Crown courts will deal with indictable offences.

*There are different punishments that can be handed down by the courts, these range from custodial sentences, community sentences, fines and discharges.

Agency- HM prison and Probation service

*Her majesty’s prison and probation service carries out the sentence given to offenders by the courts.

*With regards to the prison service, they supervise offenders in custody.

*The national probation service supervises offenders who are re- serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside prison.

*The prison and probation service also seeks to rehabilitate offenders so that they can live a crime free life.

Relationships between agencies- The police

*The courts- Giving evidence as prosecution witnesses, providing protection for vulnerable witnesses, holding defendants in police cells and transporting them to and from court.

*The CPS- Police will provide evidence for the prosecution of offenders; charging offenders in line with CPS instructions.

*HM prison and probation service- Police will arrest prisoners who have been recalled to prison for breaching the terms of their license. As a result of Sarah’s law, the police will also cooperate with the prison and probation services in managing the lost of child sex offenders living in their area.

*Voluntary organisation- Referring victims and witnesses of crime to victim support etc.

Relationships between agencies- The Crown prosecution service

*The police- They advise the police on possible lines of inquiry and evidence collection to build a case. They also instruct the police on charging suspects.

*The courts- The CPS will prepare and present the prosecution case against offenders. They will also prepare appeals against unduly lenient sentences. These would both be presented in courts.

Relationships between agencies- Government departures

*The police- The Home office is responsible for providing funding for these elements. The home office also publishes police crime statistics and sets policing priorities.

*The courts, Prison service and probation service- Provides funding for these elements

Relationships between agencies- HM courts and tribunals

*Courts and judges- HM courts and Tribunals service is responsible for ensuring that court systems run efficiently.

*Police- They will arrest courts will request evidence from the police and this must be shared with the defence.

*HM prison service- Responsible for arranging video links if a prisoner can’t attend court. Convicted criminals can be escorted from court to the prison.

Relationships between agencies- National probation service

*The police- They will arrest Individualds who have broken their licences, and will face trial.

*Prison service- The prison service works with the probation services to release prisoners- helping them find good jobs and money to get them started in the real world.

Relationships between agencies- HM prison service

*The police- If a person is denied bail, then the prison will detain them until their trial date.

*The national probation service- Need to know when prisoners are due to be released, when they are they will be ‘looked after’ by the probation services.

*The courts- The prison service is responsible for carrying out the custodial sentences that the court has imposed on offenders. It also supervises offenders who have been remanded in custody (refused bail) by courts.