AC1.2

• The CJS in England and Wales

  • Made up of a number of interconnected organisations of agencies
  • Divided into: law creation and administration, law enforcement, the courts, the punishment of convicted offenders
• Main parts of the CJS

  • Law creation and administration
  • Law enforcement
  • The courts
  • The punishment of convicted offenders
• Law creation and administration

  The passing of criminal laws by parliament and the running of the justice system by government departments
• Law enforcement

  By the police
• The courts

  Decide the outcome of criminal cases
• The punishment of convicted offenders

  By the prison and probation service
• Main agencies in the CJS

  • Parliament and judges (make the laws dealing with crime)
  • Police
  • CPS
  • HM courts and tribunal service
  • HM prison and prosecution service
  • INQUEST
• Parliament and judges

  • Parliament passes acts and judges create law by setting judicial precedents
• Police

  • 43 police forces in England and Wales
  • Responsible for investing crime, collecting evidence, and arresting or detaining suspected offenders
  • For less serious offences the police will make a decision about whether a suspect should be charged
  • For more serious offences the police will send the case to the CPS where they will make a decision about whether the suspect should be prosecuted
  • Primary role is law enforcement
  • Apart from enforcing laws and preventing crime they are also responsible for serving the community e.g. proving public safety education
  • Act as the first point of contact between the public and the CJS
  • Also ensure citizens abide by local, state, and federal laws
• CPS

  • Role is to prosecute criminal cases investigated by police and other investigating organisations in England and Wales
  • Make their decisions independently of the police and government
  • Have a duty to ensure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible
  • Decides appropriate charges in more serious or complex cases
  • Advises police during early stages of the investigation
  • Prepare cases and present them at court
  • Provide support and assistance to victim and prosecution witnesses
• HM courts and tribunal service

  • Responsible for providing the supporting administration for a fair, efficient and accessible courts, and tribunal system
  • Supporting an independent justiciary in the administration of justice
  • Working with government departments and agencies to improve the quality and timeliness of their decision making
  • Having a responsibility to administer a justice system that is accessible to everyone and operates efficiently
  • Courts: once charged defendant is brought before magistrate's courts – defendant pleads guilty or not guilty – pre-trial issues such as bail is decided – guilty pleas lead to sentences hearing and not guilty pleas lead to a trial being arranged
• HM prison and prosecution service

  • Probation: supervising offenders serving sentences in the community including prisoners released on license
  • Keep those sentenced to prison in custody helping them leading law abiding and useful lives while in prison and after they're released
  • They run 109 of the 123 prisons in England and Wales
  • Within England and Wales, they are responsible for managing prison and probation services and supporting effective offender management
• INQUEST

  • This charity provides expertise on state related deaths and their investigations to bereaved people, lawyers, advice and support agencies, the media, and parliamentarians
  • Founded in 1981
  • They campaigning they carry out is alongside families and others to access the truth, hold those responsible and effect meaningful change to prevent future deaths
  • Example of inquest campaign: "Hillsborough Law Now'
  • Inquest is supporting this campaign and following 2016 inquests – they campaign for a legacy to prevent others going through the same nightmare
• Police

  
  

  CPS

  •Providing evidence for the prosecution of suspect

  •Charging suspects in line with CPS instructions

  
  

  Courts

  •Giving evidence as prosecution witnesses

  •Protection for vulnerable witnesses

  •Holding defendants in police cells and transporting them to and from court

  
  

  HM Prison & Probation

  •Arresting prisoners who have breached terms of their license

  •After Sarah’s Law police cooperate with prison and probation to manage list of child sex offenders

  
  

  Voluntary organisations

  •Police refer victims and witnesses to victim support, witness service etc.
• Crown Prosecution Service

  
  

  Police

  •24-hour helpline

  •Advice on evidence and charging

  
  

  Courts

  •Preparing and presenting prosecution cases

  •Appeals against unduly lenient sentences
• HM Courts and Tribunal Service

  
  

  Police

  •Safe delivery of suspects/prisoners to court

  •May be witnesses

  
  

  Courts and judges

  •Funding courts and supervising the efficient running of the court system

  
  

  HM Prison Service

  •Holding prisoners in court cell and pending their hearing and return to prison
• HM Prison Service

  
  

  Police

  •Facilitating interviews as part of ongoing investigations

  
  

  Courts

  •Putting sentences into practice and supervising defendants remanded in custody (refused bail)

  •Supervising visits from defence lawyers

  
  

  HM Probation Service

  •Liaising when a prisoner is to be released on license
• HM Probation Service

  
  

  Police

  •Liaising if a prisoner is recalled to prison while on probation to ensure arrest and return to prison

  
  

  Courts

  •Preparing pre-sentencing reports on offenders

  
  

  HM Prison Service

  •Supervising prisoners released on license