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AC 1.2 Desribe the organisations of the criminal justice system in England…
AC 1.2 Desribe the organisations of the criminal justice system in England and Wales
(roles)
The organisation of the CJS
Hierarchy
UK Gov
Ministry of Justice
NPS
HM Courts and Tribunals
HM Prison Service
Attorney General Office
CPS
Home Office
Police Service
Timeline
1. Law creation
Laws created by gov
2. Law enforcement
Police services enforce law ( through investigating, collecting evidence etc.)
3. Charged
If there is enough evidence, the police (less serious offences)/ CPS (more serious offences) will decide the charge
4. Prosecution
CPS attempts to rpove guilt
All cases start in M court
5. Decision
Magistrates decided if offender should be released or remanded into custody (through severity of offence)
6. Plea
'Guilty plea means the court would og straight to sentencing
'Not guilty' pea would result in a trial to determine verdict
7. Evidence
Presented by prosecution and defense teams
Magistrates or jury then decide verdic based off evidence
9. Custodial sentence
Result in defendant going to prison
HM prison service aims to
rehabilitate
offenders
10. Release
Typically on a license and are supervised by
NPS
If conditions of their release are breached, they reutn to the custody of the prison service
8. Guilty verdict
Magistrates or judge then determine a adequate sentence, using the
Sentencing Council guidlines
to help
Law creation and enforcement
Goes through governmental process of law making (7 stages)
Prison service
43
constabularies
Protect life and property
Respond to emergency calls
Crime prevention
Discourage crime/ criminal behaviour through visible control
Secure and examine crime scenes
Aprehend and arrest offenders
Maintain publc order during large gatherings to help
ensure public safety
Support
victims and witnesses
Specialised divisions
Specialised roles
The Home Office
Head department for public safety
in the UK as well as security and crime protection
Ran by
Secretary of State
for the home department
Oversee/ help police
Funded by
gov (taxes)
~ £15.7 million
Types of bill
Public
Most common
, applies to
general public
Private member's
Intoduced by
private members
NOT government ministers
Private
Put forward by
private company
, only affect
certain groups
Hybrid
Combination
of public and private, affects
public
and certain
individuals
Prosecution, Trials and the Courts
CPS
Established under
Prosecution of Offences Act 1985
Advises police on prosecution
Reviews evidence
CJA 2003
gives them responsibility of determining
appropriate
charges
14 areas across E + W
Specialist divisions
CPS Direct
Prosecution decisions
supported by
Full Code Test
Evidential
stage assesses
sufficiency of evidence
Public interest
stage - assesses if prosecuting would be in the interest of the public
Committed to
fairness
Victim's Right to Review Scheme
MoJ
Run by Secretary of State for Justice (aka.
Justice Secretary
)
Oversees courts, prisons, NPS, legal aid in E&W and Youth Justice Board
Funded through UK central
gov budget
and
taxation
Attorney General's Office
Ministerial department, provides advise to UK gov
Oversees
application of law
and ensures gov comply with legal standards
Run by
Attorney General
Vital role
~ 40 civil servants
Funded by gov - taxes
~ budget of £72.2 million 2023/24
Oversees serious froud office,
CPS
and gov legal department
HM Courts & Tribunals
Administrates
justice
through operation of courts and tribunals
Ensures
efficiency
and
fairness
Selection of court
determined by severity
of case
Summary offences
Magistrates court - minor offences
Either-way offences
Magistrates or crown court - depends on severity
Indictable offences
Crown court - most seriouc offences
Magistrates Court
Court of first instance
Handles
~ 95%
of cases
Summary
and
triable either-way
offences
Conducts first hearings for indictable offences
Imposes
custodial sentences
(up to
12 months
) and
fines
(up to
£5,000
)
Crown court
Established under
Courts Act (1971)
Court of first instance
Handles
most serious
and
indictable
offences
'Not guilty' plea requires a trial
Juries responsible for deciding verdict (if defendant if guilty beyond reasonable doubt)
Judges
determine sentence
Youth court
Specialised division
of magistrates court
Defendants aged
10-17
Proceedings
not open to public
-
protects identity
of those involved
Hearing
tailored
to
age
and
vulnerability
More serious cases are transfered
Stentences aim to
rehabilitiate, focus on welfare
and the
future
of young offenders
Court of appeal
2 divisions
Criminal
division - deals with appeals from crown court
Civil
division - deals with appeals form high/ other courts
Appeals may happen because of a
legal error
,
misscarriage of justice
or against the severity of a sentence
Reviews
previously conducted trials
Maintains consistency
of legal rulings across the country
Court personnel
Magistrates
Lay people,
no legal training
, decide defendant's
guilt
and
sentence
, issues orders (
bail, warrants
)
District judge
Legally qualified
, preside over magistrates court, handle
civil and criminal cases
, same role as magistrates (but do alone with no panel)
Crown court judge
Ensures proceeding are
fair
and legally compliant, acts as a
referee
,
passes sentence
Jury
Determine defendants
guilt
bassed on evidence and
beyond reasonable doubt
,
determine facts
of case
Prosecution legal team
Presents evidence
against
defense team,
solicitors
perp cases,
barristers
rep in crown court
Defense legal team
Rep defendant
,
solicitors
gather evidence,
barristers
argue case in court
Sentencing and formal punishments
Community sentence
Non-custodial
Designed to
punish
and
rehabilitate
Ranges from: unpaid work, electronic tags, curfew or attending rehabilitation programmes
The sentencing council
Produce
sentencing guidlines
for judges and magistrates
Cricial role in promoting
consistency
and
transparacy
A sentence
Punsiment
imposed by court
on a defendant found
guilty
Aims to
deter
future offences,
rehabilitate
offenders and
protect public
Based on several factors
Aggravating/ mitigating
factors
Seriousness of offence
Offender's circumstances
Sentencing council's guidlines
Made by
judge
or
magistrate
Custodial sentence
Sent to
prison
Length determined by
severity
and offender's
history
Typically given for
serious
crimes
Financial penalties
Included
fines
and
compensation orders
Amount determined by
severity
and offender's
ability to pay
Common for summary offences
e.g. traffic violations
Discharges
Absolute
Least severe, found guilty,
no punishment
because offence is
minor
Conditional
Offender released without serving immediate penalty
Must not committ offence during specified period
If do commit a crime, with receive
punishments
for
both
new and old crime
HM Prison service
Categories
Cat. B - Medium security
Medium security and risk
who are no longer seen as high risk of escape or violence
Cat. C - Low security
Low security
- offenders who cannot be trusted in open conditions, but are
unlikely
to escape
Cat. A - High security
Most
dangerous
and
high risk
offenders who pose
risk
to public
Cat. D - Open prisons
Open prisons
,
low risk
offenders who are near the end of their sentence and deemed unlikely to reoffend
Responsible for keeping prisoners in prison
Ensure they are
securely detained
and
rehabilitation
needs are met
Security within prison is key
Ensures inmates do not pose a risk to themselves or others
Provide care for the
welfare of prisoners, including
family visits** and support services
122
prisons in England
105 gov
run
Divided into categories based on security level
NPS
Supervise high risk offenders
Address cause of criminal behaviour
Protect the public - ensure rehabilitation
Goal -
reduce reoffending
and
help offenders
Supervise
30,000 offenders
3 risk categories
High risk
- serious threat to public, intense supervision, frequent check-ins
Medium risk
- not an immediate danger of reoffending, attend regular meetings, take part in rehabilitation programmes
Low risk
- unlikely to reoffend, light supervision, made good progress in rehabilitation
Tailor approach to each category
Pre-sentence reports
Include details about offender
mental health, past criminal history, circumstances of offender, empoyment etc.
Assess
risk of reoffending
Make
recomendations
to
judges. magistrates
on appropriate sentencing
May also recomend specific support or interventions
Charities and campaigns
Charities
Non- profit
- relyh on donations
Provide support to those in need
Support
victims
of crimes
e.g.
victim support
provide support and offer guidance, ensuring victim's have their needs met
Advocate for
change
and
rehabilitation
e.g.
Prison reform trust
,
Howard league for penal reform
focus on improving the prison system, address root couase of criminality and help offenders reintergrate
Provude
curcial
support to victims and more
Adress issues that may not be met in the
public sector
Clare's Law
Introdueced
Domestic Violence Disclosure Scheme (2014)
Right to ask/ know
Allows someone to request info about partners history
Police can inform someone of their partner's criminal history
Ann Ming
Led to removal of the
doible jeoporady law
from CJ Act (2003)
Allows retrial of individuals acquitted of serious crimes
if new evidence came to light
Campaigns
Raise awareness
Influence public opinion
Use various strategies
e.g.
petitions
,
lobbying
Important role in shaping CJS
Laws are created/ ammended by gov and enforced by police
Advocate for legal reforms
Can lead to introduction of new laws and ammendments