AC1.2- describe the organisation of the cjs in E&W.

• Law creation

  Criminal law made in parliament
• Police enforcement

  1. Investigate breaches of the criminal law

  2. Arrest a suspect

  3. Use powers of detention and interview
• CPS

  Advise police on appropriate charge
• Suspect brought before court

  1. All cases start in magistrates

  2. Around 5% develop to Crown court
• Defendant

  1. Released on bail

  2. Remanded in custody
• Trial

  1. Guilty plea results in sentencing

  2. Non-guilty plea results in a trial

  3. Witnesses give evidence

  4. Bench of magistrates or jury decide the verdict
• Sentencing

  1. Formal punishment given by the magistrates or a judge

  2. Sentencing Council provides guidelines to assist the courts

  3. Custodial sentence results in defendant sent to prison
• HM prison service

  Oversees the welfare of prisoners
• HM inspectorate of prisons

  Independent body that reports on the conditions and treatment of those in prisons
• Release from prison

  1. Prisoner is usually on licence

  2. Subject to supervision by the probation service

  3. Any breach may result in return to prison
• Sentencing Council

  Public body in England and Wales that provides guidelines to assist the courts in determining appropriate sentences for various offenses
• Custodial sentence


  Type of sentence in which the defendant is sent to prison
• Sentence

  Formal punishment given by a magistrate or judge to an offender in a court of law