AC1.2 -Describe the Organisation of the Criminal Justice System

RETRIEVAL: first three stages of the trial process

pre-trial

plea

plea bargaining

RETRIEVAL: last three stages of the trial process

legal aid

bail

sending to court

RETRIEVAL: main courts within the CJS

magistrate court

crown court

RETRIEVAL: other courts withing the CJS

supreme court

appeal court

high court

RETRIEVAL: two broad types of criminal court

court of the first instance

appellate court

RETRIEVAL: three offences

summary

triable either way

indictable

RETRIEVAL: the court that hears the appeals

appeal court

what are the main parts of the criminal justice system?

law creation and administration

law enforcement

the court

punishment of convicted offenders

what is law creation and administration?

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

who enforces the law?

the police

what does the court do?

decide the outcome of criminal cases

where do they place the convicted offenders?

prisons and/or probation service

what is the act that established the CPS?

prosecution of offensive act 1986

what are the tests used by the CPS

full code

evidential

threshold

how is the cps funded?

government

how is the police funded?

taxes and government

According to the Association of Chief Police Officers, what are the four main aims of the police?

Keep the peace and maintain order

protect life and property, prevent

detect and investigate crime

bring offenders to justice

how many regional police forces are there?

43 in England and Wales

how many cases do the cps have?

half a million.

what do the cps do?

advise police

assess the evidence

prepare and present the case.

what is the magistrate court?

Around 95% of cases are heard here.

Are based locally and tend to deal with what would be considered less serious offences.

Made up of three volunteers.

Sentence a fine of £5,000 and/or 6 months in prison

what is the crown court?

Deals with serious offences.

Consist of jury - 12 people from the public who listen to all the evidence - and judge - who serves a sentence

what is summary offences?

Less serious offences that are dealt with in the Magistrates’ Court e.g. motoring offences and assault without injury

what is indictable offences?

More serious offences that are tried in the Crown Court before a judge and jury e.g. murder, rape, grievous bodily harm

what is triable either way offences

Offences that can be heard in either the Magistrates’ Court or the Crown Court, depending on the seriousness of the case e.g. theft, fraud, actual bodily harm or criminal damage.

what is HM Courts and Tribunals Service responsible for?

the administration of the courts and tribunals in England and Wales.

what does HM prison service do?

they supervise offenders in custody

what do the national probation service do?

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

Relationship between the POLICE & COURT

• gives evidence as prosecution witnesses

• providing protection for vulnerable witnesses

• holding defendants in police cell and transporting them t and from court

Relationship between the POLICE & CPS

• providing evidence for the prosecution of offender

• charging offenders in line with cps instructions

Relationship between the POLICE & HM PRISON AND PROBATION SERVICES

• police will arrest prisoners who have been recalled for breaching the terms of their sentence

• result of the Sarah’s Law - police also co-operate with the prison and probation service in managing lists of sex offenders.

Relationship between the POLICE & VOLUNTARY ORGANISATIONS

• refers victims and/or witnesses of crime to victim support.

Relationship between the THE CROWN PROSECUTION SERVICE & POLICE

• advising on possible lines of inquiries and evidence collection to build a case

• instructing them on charging offenders

Relationship between the THE CROWN PROSECUTION SERVICE & COURTS

• preparing and presenting the prosecution case against the offenders.

• preparing appeals against unduly lenient sentences

Relationship between the GOVERNMENT DEPARTMENT & COURTS, PRISON SERVICE AND PROBATION SERVICE

• HM courts and tribunal services oversees the court

• HM prisons and probation service oversees probation and prisons

MINISTRY OF JUTICE OVERSEES ALL

Relationship between the GOVERNMENT DEPARTMENT & POLICE

• where the home office is the department responsible

Relationship between the HM COURTS AND TRIBUNALS SERVICE & COURTS AND JUDGES

• supervising the efficient running of the court system

• funding individual courts

Relationship between the HM COURTS AND TRIBUNALS SERVICE & HM PRISON SERVICE

• holding prisoners that are attending court

• pending their transfer/ return to prison

• arranging video recording and live links

Relationship between the NATIONAL PROBATION SERVICE & HM SERVICE AND THE PAROLE BOARD

• supervising prisoners who are released on licence

Relationship between the NATIONAL PROBATION SERVICE & COURTS

• preparing pre-sentencing report on offenders

• supervising offenders who have been given a community sentence

Relationship between the HM PRISON SERVICE & COURTS

• carrying out custodial sentences that the court ordered

• supervising defendants who have been remanded into court by court

• facilitating visits from defendants lawyers to their clients in prisoner in jail.

Relationship between the HM PRISON SERVICE & POLICE

• facilitating interviews with prisoners involved in ongoing police investigations

Relationship between the HM PRISON SERVICE & NATIONAL PROBATION SERVICE

• liaising when a prisoner is to be released from prison on licence

Relationship between the HM PRISON SERVICE & VOLUNTARY ORGANISATIONS

• victim support is a charity that liaises with the police, courts and cps to support victims through out the trail stages and investigation

Narco and women’s aid.

Relationship between the HM PRISON SERVICE & CAMPAIGNS

• wanting to changes the justice system. e.g Howard League for Penal Reform.

• all have relationships with the court, police, prisons, the ministry of justice and home office.