1.2 Describe the organisation of the criminal justice system in England & Wales
Law creation and administration in the CJS
Passing of criminal law by Parliament and running of the justice system by Government departments.
Law enforcement in the CJS
Examples include the police
The courts in the CJS
Includes prosecution and defence; they decide the outcome of criminal cases.
Punishments of convicted offenders in the CJS
Offenders are punished by the prisons and probation service
Processes of Law Creation: 1.Law Creation
Parliament passes Acts- legislation of the statute law. Judges create laws by setting judicial precedents for other courts to follow and by interpreting the meaning of statutes.
Processes of Law Creation: 2.Police
Their role is to enforce criminal law and investigate crimes. They arrest, detain and question suspects. In minor cases, they issue cautions or penalty notices. In most cases they will send files to the CPS to let them decide whether to prosecute or not.
Processes of Law Creation: 3.HM Courts and Tribunal Services
This is responsible for the administration of courts and tribunals. When a suspect is charged they go before the magistrates court to plead guilty or not guilty. Pre-trial issues such as bail and legal aid are decided. Guilty please will lead to a sentencing hearing. Not guilty please will lead to trial being arranged.
Processes of Law Creation: 4. HM Prison an Probation Service
This carries out sentences given to offenders by the courts. HMP Service supervises offenders in custody. The National Probation Service supervises offenders who are serving their sentences in the community, including prisoners who have been released on license to serve part of their sentence outside of prison.
Magistrates Court
Deals with less serious offence, around 95% of all cases.
Crown Court
Deals with serious offences triable with judges and jury. The CPS will present a case for and against the defendant. Evidence is testimonial (eye witnesses), physical (weapons etc) or both.