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AC1.2 - Describe organisations of the CJS in England & Wales - Coggle…
AC1.2 - Describe organisations of the CJS in England & Wales
The Criminal Justice Procedure:
The accused is released on bail or remand in custody.
They may plead guilty & be sentenced or not guilty & sent to trial. Heard by MAGISTRATES or JURY
Cases are brought before the MAGISTRATES COURT first.
If found guilty, magistrates or judge will give formal punishment. Guidence given by the SENTGENCING COUNCIL. Defendant may be sent to PRISON
The CPS decides if theres a case to bring to court & advises the police
Prison & welfare of prisoners is overseen by HM PRISON SERVICE
New laws enforced by POLICE
HM INSPECTOR OF PRISONS is a seperate authority that shows the conditions and treatments of prisoners meet standards.
Laws are created by PARLIAMENT or JUDICARY
After prison, individual is supervised by a PROBATION SERVICE
CJS - Organisations
Law Creation
Parliament passes acts
Judges create laws through precedents & statutory interpretation
Parliament and judges make the laws which deal w crime
Administrators of CJS by the ministry of justice & home office.
Police
Collect evidence
Arrest, detain and question suspects
Investigate crime
Issues cautions or fixed penalties (minor crimes)
Enforce the Law
Send files to CPS in most cases
CPS
And what the charges should be
Applies the full code test
Assess the evidence submitted by police & decides whether to prosecute
Prepares & presents the prosecution case in court
Advises police in their investigations about lines of inquiry and what evidence is required
HM Courts & Tribunal Service:
Not guilty pleas lead on to trial
This may be in crown court (more serious)
Issues like plea, bail & legal aid are declines
Evidence is heard in court before jury / magistrates - verdict is decided
We know that suspects are bought before the magistrates court (95% of all cases, less serious) initially for the pre-trial hearing
Sentence is passed
HM Prison & Probation Service
Prison
Supervise punishment
Rehabilitation in order to lead crime free life
Supervises offenders in custody
Probation
All prisoners who have served up to 2 years in prison & are released on licence are subject to minimum of 12 months supervison by probation
Supervise punishments
Including offenders released on license to serve part of their sentence out of prison
And also rehabilitation
Supervises offenders serving their sentence in the community
CJS - Relationships
HM COURTS & TRIBUNAL SERVICES
Courts & Judges - Funding & supervising the efficient running of the court system
HM Prison Service - Holding prisons in court cells pending their hearing & return to prison, Arrange video links for people giving evidence from prison
Police - safe delivery of suspects to court, they may be a witness
HM PRISON
Police - Facilitating interviews as part of investigations.
Probation Service - Liasing when a prisoner is to be released on license
Courts - Putting sentences into action & supervising defendants remanded in custody (refused bail), Supervising visits from lawyers
CPS
Police - 24hr help line, advice on evidence & charging
Courts - Preparing & presenting prosecution cases, appeals against unduly lenient sentences.
PROBATION SERVICE
Prison - Supervising prisoners released on licence
Courts - Preparing pre-sentencing reports on offenders, supervising offenders given a community sentence, supervise drug testing
Police - liasing w them if prisoners are recalled to prison while on probation to ensure arrest & return to prison
POLICE
CPS - providing evidence for the prosecution of subjects charging suspects in line w CPS instructions
Courts - Giving evidence as prosecution witnesses, protection for vulnerable witnesses. Holding defendants in police cells & transporting to / from work.
HM Prison & Probation - Arresting prisoners who've breached the terms of their license. After sarahs law, police cooperated w prisons and probation to manage the list of sex offenders
Voluntary Organisation - Police refer victims & witnesses to victim support, womens refuges etc