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1.2 describe the organisation of the criminal justice system in England…
1.2 describe the organisation of the criminal justice system in England and Wales
The main agencies of the criminal law justice system
Law creation
Judges - creates law by setting judicial precedents that other courts then must follow and by interpreting the meaning of statutes
Parliament - passes acts (legislations or statute law)
Administrations of the systems - the two government departments that oversee most of the justice and the meaning of statutes is the ministry of justice and home office
The police
Responsible for enforcing the criminal law
The investigate crimes, collect evidence and arrest and detain aswell as question suspects
In minor cases they may issue a caution or fixed penalty notice but in all virtually other cases they will send the files to the crown prosecution service (CPS) to decide whether to prosecute
There are 43 regional police forces in england and wales
The crown prosecution service
This is an independent prosecution service for england and wales when dealing with about half a million cases a year
they advice the police in their investigations about lines of inquiry and what evidence is required to build up a case
it assesses the evidence that the police submit to it and decides whether to prosecute and what the charge will be
Its decision are based on applying the full code test to the case
It prepares and presents the prosecution case in court
HM courts and tribunals service
This is responsible for the administration of the courts and tribunals in england and wales
The courts
Once a suspect is charged, they are brought before the magistrates court. The defendant will plead guilty or not guilty and pre trial issues such as 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
Magistrate courts deal with less serious offences (95% of all cases)
Crown courts deals with serious offences which are triable by judge and jury
The cps and defence lawyers will present arguments and evidence for and against the defendant.
Evidence will be testimonial (witness statements), physical (weapons or stolen goods) or both
The jury in crown or magistrates court will decide the verdict. If guilty the judge or magistrates will decide the punishment.
This could be custodial (prison) or community sentence, a fine or a discharge
Its based on the relevant statute and the sentencing guidelines produced by the sentencing council. Offenders may appeal against their conviction and or sentence
HM prison and probation service
her majestys prison and probation service carries out the sentences given to offenders by the courts
HM prison supervises offenders in custody
The national probation service supervises offenders who are serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside prison
Aim to rehabilitate offenders so that they can lead a crime free life
Relationships between the justice agencies
The police
The courts - giving evidence as prosecution witnesses, providing protection for vulnerable witnesses, holding defendants in police cells and transporting them to or from court
The cps - providing evidence for the prosecution of offenders, charging offenders in line with CPS instructions
HM prison and probation service - police will arrest prisoners who have been recalled to prison for breaching the terms of their license. -- As a result of sarahs law - the police also cooperate with the prison and probation services in managing list of child sex offenders living in the area
Voluntary organisations - eg referring victims and witnesses of crime to victim support, women's refuges, the witness service
The crown prosecution service
The police - advising on possible lines of enquiry and evidence collection to build a case, instructing them on charging suspects
The courts - preparing and presenting the prosecution case against offenders, preparing appeals against unduly lenient sentences
Government departments
The courts, prison service and probation service - through hm courts and tribunals service and hm prison and probation service. The ministry of justice is the department responsible.
The police - where the home office is the department responsible, eg for setting national policing priorities
Hm courts and tribunals service
Courts and judges - supervising the efficient running of the courts system, funding the individual courts
Hm prison service - holding prisoners attending court, pending their transfer/ return to prison, arranging video recording and live links for prisoners giving evidence from prison
The national probation service