1
Q
explain what law creation do
A
- parliament create legislation/pass acts
- judiciary create common law by setting precedents and interpreting statues
- The Ministry and Home Office over see the CJS to make sure it runs smoothly
2
Q
Explain who Law creation work with and how
A
- Laws are created by parliament and the judiciary
- Those Laws are enforced by the police.
- The CPS advises the police on if there is a case to answer.
- Cases are brought before the magistrate court.
- Defendant is bailed or remanded.
- Trial is heard by magistrate or Jury who decide guilt.
- If guilty a formal punishment is issued by Judge/Magistrate.
- May be sent to prison managed by HMP
- After prison the offender is placed on probation with probation service
3
Q
How do law creation agencies relate to formal punishment?
A
- Judiciary set precedent on sentencing also.
- Parliament provide sentencing guideline
4
Q
what do the police do?
A
- enforce the criminal law
- Investigate crimes and collate evidence
Arrest, caution, detain and question suspects - send files to CPS, but sometimes issue a caution/penalty notice themselves
5
Q
Explain who the police work with and how
A
- The courts
-The police give evidence as prosecution witnesses
-They provide protection for vulnerable witnesses giving evidence
-Hold defendants in police cells.
-Ask court for extension to detentions - The CPS
-Provide evidence for the prosecution of offenders
-Charge offenders in line with CPS instructions
-Communicate with CPS for required evidence - HM Prison and Probation Service
-Police arrest prisoners who have been recalled to prison for breaching the terms of their license
-As a result of Sarah’s Law, the police also cooperate with the prison and probation services in managing the list of child sex offenders living in their area
-The prison service facilitates interviews with prisoners involved in ongoing police investigations.
-MAPPA - Government departments
-The Home Office funds the police, publishes police crime statistics and sets policing priorities - Voluntary organisations
-Referring victims and witnesses of crime to victim support, women’s refuges, the witness service, etc.
6
Q
Explain how the police provide formal punishment
A
- Minor case- Issue a caution or a fixed penalty notice (fine)
- Serious case- Arrest and detain. Send files to CPS so they can decide whether to prosecute
7
Q
What do the courts do
A
- All cases start in the Magistrates’ court and 95% are completed there.
- The defendant will plead guilty or not guilty
- Pre-trial issues such as legal aid and bail will be decided
- Guilty pleas will lead to a sentencing hearing
- Not guilty pleas will lead to a trial being arranged. If the sentence is too heavy for the Magistrates to deal with, the case will be passed to the Crown Court.
- The prosecution and defence lawyers will present arguments and evidence for and against the defendant.
- The jury will decide the verdict and if guilty the judge will punish
- Judge/magistrates decide the punishment based on the sentencing guidelines
8
Q
Who do the courts work with and how
A
- The CPS
-The CPS will prepare and present the prosecution case against offenders
-They will also prepare appeals against unduly lenient sentences
-These would both be presented in a court
-Defend against any appeals. - Government departments
-The Ministry of Justice is responsible for providing funding for the courts - HM Courts and Tribunals Service
-HM Courts and Tribunals Service is responsible for ensuring that the courts system runs efficiently
-it is also responsible for funding the individual courts - Police
-The police give evidence as prosecution witnesses
-They provide protection for vulnerable witnesses giving evidence
-Hold defendants in police cells. - HM Prison Service
-Prison would also arrange video recordings and live links for prisoners giving evidence from prison
-Prison carries out the custodial sentences that the court has imposed on offenders
-HM Prison service supervises offenders who have been remanded into custody (refused bail by the courts)
-The prison service facilitates visits from defence lawyers to their clients in prison - The National Probation Service
-The probation service is responsible for producing a pre-sentencing report on offenders
-They supervise offenders who have been given a community sentence by the court
-They also supervise drug testing under the court’s orders
9
Q
what are the 4 formal punishment types a court can impose?
A
- A custodial sentence (imprisonment)
- A community sentence
- A fine
- A conditional or absolute discharge
10
Q
what does the prison service do
A
- hold offenders/supervise them whilst in custody
- rehabilitate
- prepare offenders to leave prison
11
Q
who do the prison work with and how
A
- Court:
-Carry out sentences as issued by the court.
-Providing video links for offenders giving evidence or transporting inmates to court to give evidence.
-Facilitate meetings with defence lawyers and those appealing or on remand
-Parole hearings are multi agency. - Police
-Facilitate interviews for ongoing investigations.
-MAPPA
-Assess risk of offenders leaving prison. - Probation
-MAPPA
-Joint home visits
-Supervising drug tests.
-Will be sent back to prison of they breach their conditions
12
Q
how does the prison formally punish offenders (don’t know if need)
A
- remove privileges
- solitary confinement
- extend sentence
- recategorisation
- warnings?
13
Q
what do the probation service do
A
-Supervise offenders in the community.
- Provide rehabilitation programs
- Protect victims
- Support offenders to reintegrate into society.
14
Q
who do the probation service work with and how
A
- Police-
-Police will arrest offenders if they breach conditions.
-Joint visits to offenders homes
-Support victims- manage safety- address alerts.
-Assess risk jointly with police - Courts-
-If breach conditions return to court for change/extension of order.
-Supervise offenders on court orders
-Supervise drug testing ordered by the court. - Prison-
-Liaise with prison and risk assess offenders before release.
-House those recalled to prison for breaching conditions.
-MAPPA.
15
Q
what formal punishments do the probation service provide (don’t know if need)
A
- make conditions stricter
- return offender back to prison
16
Q
explain relations of voluntary organisations/charities with CJS
A
victim support charities liaise with police, CPS and courts support victims throughout trial and investigation
17
Q
explain relations of campaigns with CJS
A
to changes the CPS- INQUEST, Prison Reform trust, etc have relations with prison, police, Ministry of Justice and Home Office
18
Q
Explain the relations of government departments with the CJS
A
- Courts, prison service, probation service: via HM Courts and Tribunals Service. Department responsible is Ministry of Justice
- police: setting national policing standards. Department responsible is Home Office
19
Q
Explain the relations of the HM Courts and Tribunals Service with the CJS
A
- courts: funding individual courts and ensuring the courts system runs smoothly
- HM Prison Service: holding prisoners attending court, pending transfer/return to jail and arranging recordings/live links for prisoners giving evidence
20
Q
What do the HM Courts and Tribunals Service do?
A
responsible for administration of courts and tribunals in England and Wales
21
Q
Describe what MAPPA (multi-agency public protection) is
A
- agencies work together focusing on (1) sex offenders, (2) long term sentence offenders (12+ months in custody), (3) high risk offenders
- in place to ensure the successful management of violent and sexual offenders
- police: have statutory responsibilities to manage the notification requirements of sexual offenders (at 1) and will perform the role of lead agency when they are no longer subject to NPS statutory supervision. The police must ensure that all breaches of notification requirements are promptly followed up and appropriate action taken
- HMPPS: NPS will ensure that all MAPPA category 2 qualifying offenders subject to statutory supervision are recorded on the violent and sex offender register (ViSOR), partnered to the police and reviewed and updated regularly in accordance with probation instructions
- joint agency working between HMPPS and police service may include joint home visits and risk assessment and other contacts with offenders to ensure a joined-up approach to management
- prison service ensures all MAPPA offenders in custody are identified and will request being a partner to a ViSOR record
- The prison service, as part of their responsibilities for populating their minimum data set on ViSOR, must provide the release date as soon as it’s known -> recorded in the custody attachment of a ViSOR nominal record and should be notified to police by using a ViSOR activity log.
- police must ensure prison staff are granted partnership status to enable them to provide information
- prison service must share information and actively engage in the MAPPA process in accordance with MAPPA guidelines
22
Q
Who do the CPS work with and how
A
- Police: police provide CPS with evidence for the prosecution of offenders, charge offenders in line with the CPS’s instructions and communicate with the CPS for required evidence
- Court: CPS will prepare and present the prosecution case against offenders within the court, they’ll prepare appeals against unduly lenient sentences (+present in court) and defend against any appeals
- law creation: as CPS charge and prosecute people who are going against laws (follow laws)
- Charities: victim support e.g. women’s aid support victims and witnesses so they can help with prosecution case in court
- Prison service: prison service facilitate meetings between CPS and inmates for ongoing cases
23
Q
Who do charities work with and how ?
How do they provide formal punishment?
A
- Police: will refer to women’s aid for victims support
- victim support: E.g. women’s aid attend court to support victims and witnesses.
Women’s aid will advocate for victims and ensure that any special measures are in place.
Victim support also support victims during restorative justice programmes, which also involve prison and probation service - Prison Reform:Work with prisons to provide education, legal support and employment support. They will also work with offenders on probation to support rehabilitation, housing, employment- as well as specific offending prevention programmes.
- Law creation: Charities research and pressure parliament to make changes to law and policy -eg NACRO- Ban the box campaign to make it easier for offenders to gain employment.
