1.2✅

• the criminal justice system in England and Wales is made up of a number of interconnected organisations and agencies
• you can divide the system into the following main parts: law creation + administration, law enforcement, the courts, punishment of convicted offenders
• law creation and administration: the passing of the criminal laws by Parliament and the running of the justice system by government departments
• law enforcement by the police
• the courts (including prosecution and defence) decide the outcome of criminal cases
• punishment of convicted offenders by the prisons and probation service
• law creation: parliament and judges make the laws dealing w/ crime
• law creation: Parliament = passes acts (legislation or statute law)
• law creation: judges = create law by setting judicial precedents that other courts then must follow + by interpreting the meaning of statutes (statutory interpretation)
• administration of the system: 2 government departments oversee most of the justice system and are responsible for its smooth running = the Ministry of Justice and the Home Office
• the police: the police are responsible for enforcing the criminal law
• the police: they investigate crimes, collect evidence and arrest, detain and question suspects
• the police: in minor cases they may issue a caution or fixed penalty notice, but in virtually all other cases they will send the files to the Crown Prosecution Service to decide whether to prosecute
• the police: there are 42 regional forces in England and Wales
• the Crown Prosecution Service: the CPS is an independent prosecution service for England and Wales dealing w/ about half a million cases a year
• the Crown Prosecution Service: the CPS advises the police in their investigations about lines of inquiry and what evidence is required to build a case
• the Crown Prosecution Service: it assesses the evidence the police submit to it and decided whether to prosecute and what the charge will be
• the Crown Prosecution Service: its decisions are based on applying the Full Code Test to the case
• the Crown Prosecution Service: it prepares and presents the prosecution case in court
• HM Courts + Tribunals Service: HM Courts and Tribunals Service 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 courts: the defendant will plead guilty or not guilty and pre-trial issues such as bail and legal aid will be decided
• The courts: guilty pleas will lead to a sentencing hearing, not guilty pleas will lead to a trial being arranged
• The courts: magistrates court = deal w/ the less serious offences (about 95% of all cases)
• The courts: the Crown Court = deals w/ serious offences, which are triable by a judge and jury
• The courts: the prosecution (the CPS) and defence lawyers will present arguments and evidence for and against the defendent
• The courts: evidence will be testimonial (witness statements), physical (e.g. weapons, stolen goods) or both
• The courts: the jury (in Crown Court) or magistrates will decide the verdict, if guilty the judge or magistrate will decide the punishment
• The courts: this could be a custodial (prison) or community sentence, a fine or a discharge
• The courts: it will be based on the relevant statute and the Sentencing Guidelines produced by the Sentencing Council
• The courts: Offenders may appeal against their conviction and/or sentence
• HM Prison + Probation Service: her Majesty’s Prison and Probation Service carries out the sentences given to offenders by the courts
• HM Prison + Probation Service: the HM Prison Service = supervises offenders in custody
• HM Prison + Probation Service: the National Probation Service = supervises offenders who are serving their sentences in the community, including prisoners who have been released on licence to serve part of their sentence outside prison
• HM Prison + Probation Service: as well as supervising the management and punishment of offenders, the prison + probation services seek to rehabilitate offenders so that they can lead a crime-free life
• the police have relationships w/ : the courts, the CPS, HM Prison and Probation Services + voluntary organisations
• police-the courts: giving evidence as prosecution witnesses, providing protection for vulnerable witnesses, holding defendants in police cells and transporting them to and from court
• police-the CPS: providing evidence for the prosecution of offenders, charging offenders in line w/ CPS instructions
• police-HM prison + probation services: police will arrest prisoners who have been recalled to prison for breaching the terms of their licence, as a result of Sarah’s law the police also cooperate w/ the prison and probation services in managing the list of child sex offender living in their area
• police-voluntary organisations: e.g. referring victims and witnesses of crime to Victim Support, women’ refuges, the Witness Service etc.