(1.2)the organisation of the criminal justice system

parts of the criminal justice system

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What is law creation and administration

The passing of the criminal laws by parliament and the running of the justice system by government departments

What is law enforcement

Law enforcement by the police, to investigate, deter, rehabilitate or punish offenders who violate the law

What do the courts do

Decide the outcome of cases

What is punishment of convicted offenders

Prisons and probation services, determined by the court based on the seeverity of the crime

The main agencies of the criminal justice system

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What do parliament do with law creation

Parliament passes Acts (legislation or statute law) (go back to 1.1)

What do judges do with law creation

Judges create law by setting judicial precedents that other courts then must follow, and by interpreting the meaning of statutes (statutory interpretation)

What is administration of the system

Two government departments oversee most of the justice system and are responsible for its smooth running: the Minustry of Justice and Home Office

What is the ministry of justice

A government department, responsible for overseeing the administration of justice, including the legal system, law enforcement and corrections

What is the Home Office

A ministerial department of the Government is f the UK, responsible for various aspects of public safety and security.

What are the police responsible for

The police are responsible for enforcing the criminal law. They investigate crimes, collect evidence, and arrest, detain and question suspects.

What do the police do in minor cases

They may issue a caution or fixed penalty notice

What will do they do in all other cases

They will send the files to the Crown Prosecution Service to decide whether to prosecute.

What is the CPS

Crown Prosecution Service, an independent prosecution service for England and Wales

What does the CPS do for the Police

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

What does it do with evidence

The CPS assesses the evidence the police submit to it and decides whether to prosecute and what the charge will be

What are its decisions based on

It’s decisions are based on applying the Full Code Test to the case

What does it do in court

It prepares and presents the prosecution case in court

What are HM Courts and Tribunals Service responsible for

HM Courts and Tribunals Service is responsible for the administration of the courts and tribunals in England and Wales

What happens in The Courts

Once a suspect is charged, they are brought before the magistrates’ courts. The defendant will plead guilty or not guilty, and pre-trial issues such as bail and legal aid will be decided.

What happens with a Guilty plea

Guilty pleas will lead to a sentencing hearing.

What will Not guilty pleas lead to

Not guilty pleas will lead to a trail being arranged

What do the magistrates court

Deals with less serious offences (about 95% of all cases)

What do the Crown Court deal with

Deals with serious offences which are trainable by a judge or jury

What will the CPS and defence lawyers do

CPS and defence lawyers will present arguments and evidence for and against the defandant. Evidence will be testimonial (witness statements), physical or both

What will the jury or magistrates do

Decide the verdict. If guilty, the judge or magistrates will decide the punishment. This could be a custodial or community sentence, a fine or a discharge.

What will this decision be based on

It will be based on the relevant statute and Sentencing Guidleines produced by the Sentencing Council. Offenders may appeal against their conviction and/or sentence.

What do HM Prison and Probation Service do

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

What do the HM prison service do

HM prison service supervises offenders in custody

What does The National Probation Service do

Supervises offenders who are serving their sentences in the community, including prisoners who have been released on licence to serve part of their sentence outside prison.

What do they also supervise

As well as supervising the management and punishment of offenders, the prison and probation service seek to rehabilitate offenders so that they can lead to a crime-free life

Relationships between the justice agencies

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What does this section do

The different parts of the justice system are inter-related. In this section we examine how they relate to one another

Who do the police have relationships with

•the courts

•The CPS

•HM Prison and Probabtion Sevices

•voluntary organisations

How do the courts relate to police

Giving evidence as prosecution witnesses; providing protection for vulnerable witnesses; holding defendants in police cells and transporting them to and from court

How does the CPS relate to police

Providing evidence for the prosecution of offenders; charging offenders in line with CPS instructions

How does HM Prison and Probation Services relate to the police

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 also cooperate with the prison and probation services in managing the list of child sex offenders living in the area

How do voluntary organisations relate to the police

Referring victims and witnesses of crime to Victim Support, women’s refuges, the Witness Service

What relationships does the CPS have

•police

•the courts

How do the police relate to the CPS

Advising on possible lines of enquiry and evidence collection to build a case; instructing them on charging suspects

How do the courts relate to the CPS

Preparing and presenting the prosecution case against offenders; preparing appeals against unduly lenient sentences

What are relationships within government departments

•the courts, prison service and probation service

•the police

How do the courts, prison service and probation service relate to Government departments

Through HM courts and Tribunals Services and HM Prison and Probation service. The Ministry of justice is the department responsible. As all of these are responsible for the justice system including courts, prisons and probation services

How does the police relate to government departments

Where the Home Office is the department responsible for setting national policing priorities, counter terroism, immigration etc

What relationships do HM Courts and Tribunals service

•courts and judges

•HM Prison Service

how do courts and judges relate

Supervising the efficient running of the courts system; funding the individual courts

How does the HM Prison Service relate

Holding prisoners attending court, pending their transfer/return to prison; arranging video recordings and live links for prisoners giving evidence from prison

What relationships does the National Probation Service have

•HM Prison Service and Parole Board

•the courts

How does the HM prison service and parole board relate

Supervising prisoners who are released on licence

How do the courts relate

Preparing the pre-sentencing reports on offenders; supervising offenders who have been given a community sentence by the court; supervising drug testing under the courts orders

What relationships does the HM Prison service have

•the courts

•the police

•the national probation service

•voluntary organisations

•campaigns

How do the courts relate

Carrying out the custodial sentences that the court has imposed on offenders; supervising defendants who have been remanded into custody (refused bail) by the court; facilitating visits from defence lawyers to their clients in prison

How do the police relate

Facilitating interviews with prisoners involved in ongoing police investigations

How does the National Probation Service relate

Liaising when a prisoner is to be released from prison on licence. Other parts of the system include voluntary organisations and campaigns

How do voluntary organisations relate

Victim support is a charity that liaises with the police, courts and CPS to support victims throughout the stages of an investigation and trial. Other voluntary organisations include NACRO, Women in Prison and Women’s aid

How do campaigns relate

To change the justice system, e.g the Howard League for Penal Reform, the Prison Reform Trust and INQUEST have relationships with the courts, prisons, police the Ministry of Justice and the Home Office