AC1.2 - Describe the organisation of the criminal justice system in England and Wales

Summary of the CJS procedure

1. Law creation: criminal law is made in Parliament

2. Police enforce law

3. CPS advise police on appropriate charges

4. Suspect goes to Magistrates court and around 5% go to crown court

5. Defendant released on bail or remanded in custody

6. Trial - including witnesses, magistrates, judges, jury, CPS etc

7. Conviction is given by judge. Sentencing council provides guidelines. Sent to prison

8. HM prison service oversees welfare of prisoners. HM Inspectorate of Prison reports on these prisons

9. When released, prisoner will be under supervisor from probation services and may return to prison

What is the role of the police?

They enforce laws, prevent crime and maintain public safety through community engagement and emergency response.

What is the role of the Ministry of Justice?

They are a major government department who oversee the work of HM courts and Tribunals Services, probation services and prison systems. Each year, millions use their services across England and Wales.

What is the role of HM courts and Tribunals Service?

Responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. They contribute to law creation through judicial precedent and statutory interpretation.

What is the role of the CPS?

They are responsible for criminal cases investigated by the police and other investigated authorities.

What is the role of the HM prison service?

They run 109/121 prisons in England and Wales

Manage prison and probation services

What is the role of the national probation service?

Supervise high-risk offender release into the community

What is the role of the sentencing council?

They issue guidelines on sentencing and courts must follow unless in the interests of justice not to do so

What is the role of campaigns for change?

They aim to get something legalised, decriminalised or add policies

Describe the relationship between the police and courts in England and Wales.

• Not an equal relationship - court has power over police

• The police investigate crimes prior to court hearings, interview witnesses and collect relevant information

• Court can require the police to attend and give evidence

• The court can grant a warrant of search and/or arrest to the police, if the police provide sufficient evidence

• The police hold the accused person who has been denied bail prior to their court appearance

• The police and courts liaise with regard to the accused’s court date

• After the initial court hearing, those who are denied bail return to the police cells, pending their removal into custody at a prison

Describe the relationship between prisons and courts in England and Wales?

• The court is the agency that passes custodial sentences and ensures that the defendant is taken to prison

• If a prisoner on remand needs to be brought before the court, the prison and court must liaise to make the appropriate arrangements

• If someone is released from prison on licence or parole and is thought to be in breach of their conditions, the police will arrest them and place them before the court

• The prison service may need to produce the offender for a court appearance via a video link rather than in person at a court

Describe the relationship between police and prisons in England and Wales?

• If someone is released from prison on licence or parole and is thought to be in breach of their conditions, the police will arrest them and place them before the court

• The police and prison services will liaise when a prisoner is to be released and requires further monitoring. There will be a multi-agency meeting to ensure the public are protected, for example MAPPA (multi-agency public protection arrangements)

Describe the relationship between courts and probation services in England and Wales?

• The probation services may be required to attend either the magistrates' court or
  Crown Court to provide a report about offenders (pre-sentence report).

• The probation pre-sentence report is used by the court for guidance on the appropriate sentence.

• The probation service may attend court to provide information about how the offender is progressing on a community order.

• Where there is a breach of a community probation order, the offender may be returned to court for further sentencing and a possible prison sentence.

Describe the relationship between probation services and prisons in England and Wales.

• Where there is a breach of a community probation order, the offender may be returned to court for further sentencing and a possible prison sentence.

• The probation service may liaise with the prison when an offender is about to be released. They attend meetings in prison and provide reports to prison governors that help determine whether a prisoner should be released and under what conditions.

• If a prisoner has served between 2 days and 2 years, on release they must serve a probation order of a minimum of 12 months.

Describe the relationship between police and probation services in England and Wales?

• The police may be called upon to assist if a person on probation reoffends. The police will arrest an offender released from prison who breaches the terms of his or her release and is recalled.