The Criminal Justice System
The Criminal Justice System
National offender management Service
HM Prison service
National Probation Service
We keep those sentenced to prison in custody, helping them lead law abiding and useful lives, both while they are in prison and after they are released.
They run 109 of the 123 prisons in E + W
Statutory criminal justice service that supervises high risk offenders released into community
Assessing offenders, managed approved premises, preparing pre sentence reports, helping all offenders serving sentences in the community, communicating with and prioritising the wellbeing of serious sexual and violent offences when the offender has received a sentence of 12 months or more
2- 3 magistrates, a judge, No jury
Minor offences, motoring offences, drunk and disordely
can deal with some of the more serious offences e.g burglary, drugs offences,
Either Way Offences
- Heard in either court
Magistrates pass on cases to crown courts including- murder, rape, robbery,
Being kept in custody or granted bail, in some cases decide if you should be kept in custody or granted bail if : another court hearing is need,, the court needs more information before sentence, or being passed to crown court
up to 6 months in prison (or 12 months in total for more than 1 offence). £5000 fine, a community sentence, unpaid work, fine
CPS - Crown Prosecution Service
It is Independant and they make there own independently of the Police and goverment
Decides which cases should be prosecuted
Prosecutes criminal cases that have been investigated by the Police and other investigative organisations in England + Wales.
Determines appropriate charges in more serious or complex cases and advises the Police during early stages of investigations
Prepares cases and presents them at Court
Provides information, assistance and support to victims and prosecution witnesses.
Upper Tier £90 - Retail Theft (under100), Criminal damage (under 300), Possession of cannabis, Wasting police time, harassment, drunk and disorderly, Throwing fireworks, purchase of alcohol for a person under 18
Lower Tier £60 - Drunk in a highway, littering, throwing stones at a train, purchase of alcohol by a person under 18
Part 1 offences - Theft, Causing damage, wasting Police time, causing harassment, drunk and disorderly, Alcohol sale offences, Making false reports to fire service
Part two offences - Drunkenness, Children buying alcohol, children consuming alcohol, litter, trespassing on the railway, throwing stones at a train
Disorder Penalty Notices positives - Offer an effective alternative to arrest, deliver swift simple end effective justice, reduce the amount of time that officers spend completing paperwork and attending court, increase the amount of time officers spend on the street which will contribute towards the frontline policing measure, allow officers more time to deal with serious crime
Criminal Justice System
- Totality of the arrangements for delivering criminal justice : physical and human resources as well as legal, practical and procedural ones. A stated person of the government is to deliver justice for all, by convicting and punishing the guilty and helping them to stop offending while protecting the innocent .
Many agencies working together : The police, the crown prosecution service, prison service, probation service, magistrates courts and crown courts.
43 Police forces responsible for 3 main areas : Investigation of crime, Collection of evidence, arrest or detention of suspecter offenders
Police are required to evidence crime prevention techniques and interventions
Once a suspect is/are held, in minor offences the police decide whether to caution them, take no further action, issue a fixed penalty notice or refer to the CPS for a conditional caution or in more serious cases send the papers to the CPS to decide upon prosecution
Fixed Penalty Notice : transport Act 1982 to speed up administrative procedure for the prosecution of certain road traffic offences
Offers the opportunity to discharge any liability to conviction of the offence to which the notice relates by payment of a fixed penalty
Means of issue : Service to the person, attaching to a vehicle, conditional offer. Can be issued by : Constables, PCSOs, traffic wardens, vehicle examiners
Disorder Penalty Notices
Criminal Justice and Police Act 2001 - to speed up the administrative proceedure for prosecution of low level minor offences
served by Police officers, PCSOs or designated police employees on anyone over 16 years old (over 10 in certain areas)
A court of criminal jurisdiction which deals with serious offences and appeals referred from the magistrates
Murder, Rape, Robbery
Crown Prosecution Service - Out of Court Disposals : It may take place the place of a prosecution in court if it is an appropriate response to the offender/ and or the seriousness and consequences of the offending
Prosecutors must follow any relevant guidance when asked to advise on or authorise a simple caution, a conditional caution, any appropriate regulatory proceedings, a punitive or civil penalty or other disposal.