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.