A.C.1.2: The main agencies of the criminal justice system
Law creation
The CPS
HM Prison and Probation Service
HM Courts and Tribunals Service
The Police
The Courts
Two government departments oversee most of the justice system and are responsible for its smooth running: the Ministry of Justice and the Home Office.
Judges create law by setting judicial precedents and by statutory interpretation.
Parliament passes Acts (legislation or statute law).
They are responsible for enforcing the criminal law. They investigate crimes, collect evidence and arrest, detain + question suspects.
In minor cases, they may issue a caution or a fixed penalty notice. In all other cases, they will send the files to the CPS to decide whether to prosecute.
There are 43 regional police forces in England and Wales.
They advise the police in their investigations about lines of inquiry and what evidence is required to build a case.
They assess the evidence the police submit, decide whether to prosecute and decide what the charge will be.
The CPS is an independent prosecution service for England and Wales. They deal with about 1/2 million cases a year.
Their decisions are based on applying the Full Code Test to the case.
They prepare and present the prosecution's case in court.
Magistrates' courts deal with summary offences (about 95% of all cases).
The Crown Court deals with indictable offences, which are triable by a judge and jury.
The defendant will plead guilty or not-guilty, and pre-trial issues (e.g. bail and legal aid) will be decided. Guilty pleas will lead to a sentencing hearing. Not-guilty pleas will lead to a trial being arranged.
The prosecution (CPS) and defence lawyers will present arguments and evidence for and against the defendant. Evidence will be testimonial (witness statements), physical (weapons, stolen goods), or both.
The jury (in Crown Court) or magistrates will decide the verdict. If guilty, the judge or magistrates will decide the punishment. This could be a custodial or community sentence, a fine or a discharge.
Offenders may appeal against their conviction and/or sentence.
Responsible for the administration of the courts and tribunals in England and Wales.
HM Prison Service supervises offenders in custody.
The NPS supervises offenders who are serving their sentences in the community.
Carries out the sentences given to offenders by the courts.
As well as supervising the management and punishment of offenders, the prison and probation services seek to rehabilitate offenders so that they can lead a crime-free life.