AC1.2
Criminal Justice System
The criminal justice system in England and Wales is made up of interconnected agencies responsible for law creation, enforcement, trial, and punishment.
It can be divided into four main parts:
Law creation and administration: Parliament passes laws; government departments ensure smooth operation.
Law enforcement: The police investigate and enforce criminal law.
Trial of offenders: Courts determine guilt and manage legal proceedings.
Punishment of offenders: Prisons and probation services carry out sentences and rehabilitation.
🏛 Law Creation and Administration
Parliament
Passes Acts of Parliament (statutes) that define criminal offences and procedures.
Judges
Create law through judicial precedent (case law).
Interpret statutes via statutory interpretation, clarifying legal meaning.
Government Departments
Ministry of Justice and Home Office oversee the justice system.
Responsible for funding, policy, and national priorities.
👮‍♂ The Police
Enforce criminal law by investigating crimes, collecting evidence, and arresting suspects.
Can issue cautions in minor cases.
Work closely with:
CPS: Provide evidence and follow charging instructions.
Courts: Give evidence, protect witnesses, manage custody and transport.
Prison and Probation Services: Arrest recalled prisoners, manage sex offender lists.
Voluntary organisations: Refer victims/witnesses to support services.
âš– Crown Prosecution Service (CPS)
Independent body that prosecutes criminal cases.
Works with police to guide investigations and evidence gathering.
Applies the Full Code Test to decide whether to prosecute and what charges to bring.
Prepares and presents cases in court.
Can appeal against unduly lenient sentences.
🏛 HM Courts and Tribunals Service
Administers courts and tribunals across England and Wales.
Ensures efficient running and funding of courts.
Magistrates’ Court
Handles less serious offences and pre-trial matters (e.g. bail, legal aid).
Sentences offenders who plead guilty or are convicted of minor crimes.
Crown Court
Deals with serious offences.
Trials conducted by judge and jury.
Sentences must follow statutory limits and Sentencing Guidelines.
Offenders can appeal convictions or sentences.
đźš” HM Prison and Probation Service
Carries out sentences imposed by courts.
HM Prison Service
Supervises offenders in custody.
Works with courts to manage remanded prisoners (those refused bail).
Coordinates with police for lawyer visits and prisoner transfers.
National Probation Service
Supervises offenders in the community.
Manages prisoners released on licence.
Prepares pre-sentence reports for courts.
Oversees community sentences and drug testing orders.
Aims to rehabilitate offenders and reduce reoffending.
Voluntary Organisations & Campaigns
Victim Support, Witness Service, Women’s Refuges: Support victims and witnesses.
Nacro, Women in Prison: Help with rehabilitation and reintegration.
Campaigns like the Howard League for Penal Reform, Prison Reform Trust, and INQUEST work with justice agencies to push for systemic change.