Please enable JavaScript.
Coggle requires JavaScript to display documents.
Topic One: The criminal Justice System in England and Wales - Coggle…
Topic One: The criminal Justice System in England and Wales
Four organisational components of the criminal justice system in England and Wales
Law creation and Adiministation
2.Law enforcement
3.The Court system
Punishment and rehabilitation
Home Office- Responsible for the overall security and safety of citizens of the UK. They oversee all security agencies including the police and MI5. They develop strategies for law enforcement
Ministry of Justice- The overall overseeing of the remaining parts of the criminal justice system is the body the ministry of justice. They work with 33 other agencies in order to deliver justice in society. They are responsible for the court system, the prison and probation service.
The two main types of law in the UK include: 1. Statutory Law (governmental processes) 2. Case Law (Judicial processes)
Green papers are consultation documents produced by the government. The aim of this document is to allow people both inside and outside parliament to give the department feedback on its policy or legislative proposals.
White papers are a government report giving information or proposals on an issue
Case law is when a member of the judiciary makes a ruling on a case which sets a precedent for all other courts.These cases are published in law reports which provide consistency for future cases- this can apply for both a court of first instance case, or an appeal court.
Judicial precedent- The doctrine of Judicial Precedent is founded on the principle of 'stare decisis', meaning to stand by the decision. Essentially it refers to the idea that once a court makes a decision, both they and other courts beneath them are bound by that decision, except for in certain, limited circumstances
Statutory interpretation is simply how a new ‘law’ is technically created through interpreting a statute. They can modify the literal words of the statue to create a new law to ensure that an absurd result does not happen. They can come away from the words of the statute completely as long as the ruling is in line with what the statue intended to achieve.
5 roles that the police fulfil:
They investigate crimes
They prevent crimes from occuring
They collect evidence and identify witnesses
They maintain social order and support the welfare of citizens
They investigate, arrest and question suspects
Roles that the CPS fulfil
The CPS advises the police in the early stages of an investigation, such as what evidence may be required to prosecute
They decide the appropriate charge or charges for a suspect, by independently assessing the evidence available.
The examine both physical and testimonial evidence to determine if it will be found admissible in court.
Prepares and presents cases for court including preparation of witnesses
Punishment- the state's imposition of any type of sanction on an individual for. an act that has violated criminal law.
Rehabilitation- to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this. includes a broad array of programs, including mental health, substance abuse, and educational services.
Roles that the HM Prison Service fulfils
Organise and run the prisons of England and wales and are responsible for those in custody
They are responsible for rehabilitation programmes so that prisoners that are released lead law abiding lives
They support effective offender management and post-prison care
They run 109 of the 123 prisons in the UK
Roles that the National probation service fulfils
They manage and supervise those who serve sentences in the community.
They provide pre-sentencing reports for the courts to help guide the appropriate sentence