Unit 4 AC 1.2 by WeeManGremlin

1) Law Creation and Administration

benbunting02 — 2024-01-23 13:35:45 UTC

It is the duty of judges and parliament make laws to deal with crime.

Parliament, by passing legislation, and judges, through precedents.

Administration of this is conducted by the Ministry of Justice and the Home Office, two government agencies.

Case example: Hizb ut-Tahrir (party of liberation)

peaceful terrorist organisation who follow Islamic laws and beliefs. They aim to reinstate old Islamic Law through the use of politics. Home Office ruled that any affiliation with the group is illegal.

Home Office have been using the Terrorism Act (2000) to illegalise the group.

2) Law Enforcement

benbunting02 — 2024-01-23 13:36:08 UTC

The police enforce criminal law, they collect evidence, investigate crimes, arrests, detaining and asking questions of the suspects, can issue cautions or fixed penalty notice, and they can send files to the CPS.

3) The Crown Prosecution Service

benbunting02 — 2024-01-23 13:36:32 UTC

Independent prosecution service for England and Wales, who deal with 500,000 cases per year.

They advise police about the lines of enquiry as well as the evidence gathering to build a case.

They: assess evidence, and decide whether or not to prosecute, apply the full code test, decide charges, and deal with the preparation for court. the CPS deternine the apropriate charges for more serious crimes and also advise the police in early in early stages of the investigation.

4) HM Courts and Tribunals

benbunting02 — 2024-01-23 13:36:51 UTC

The CPS are responsible for the courts & tribunals process in England and Wales.

There are two prominent courts in the UK, the Crown court and the Magistrates court.

Magistrates Court: Handle less serious cases, which is 95% of all cases.

Crown Court: Handle the more serious cases that cannot be tried by the Magistrates, such as Manslaughter and Murder.

HM Courts and Tribunals deal with the plea, bail and legal advice, and pleas of Not Guilty go to trial.

The Judge/ Magistrates hand down sentences, which can be community service, fines or imprisonment.

5) HM Prison and Probation Service

benbunting02 — 2024-01-23 13:37:05 UTC

376106_1 — 2024-01-25 11:39:50 UTC

The hm prison service and probation service carries out the sentences given out to the offenders by the courts. it supervise both punishment and rehabilitation. offenders in custody and supervised by the hm prison service. People who serve the prison sentence in the community such as prisoners released on license are looked after by the probation service. all offenders with at leas a 2 year prisons sentence must be supervised for 12 months on probation. Probation officers are required to make sure the offender understands there sentence. they explain to the offender the consequences of the actions done. on probation unpaid work if often required and if the offender is unwilling the case is taken back to court and the offender may be sentenced to jail. one day a week un unpaid work and one day is meeting with the probation officer. if this is breached the case will be taken back to court.

Connections to other agencies

taylorbeckham7 — 2024-01-25 13:06:42 UTC

The police work with all 4 other agencies

CPS- the police provide evidence for the CPS on the criminal, as well as charging criminals with the CPS instructions.

Courts- the police can speak on witness testimonies for the prosecution, they can protect the victims, and can hold the offenders, then transport them in the trial.

HM Prisons and Probation Services- recall prisoners who have breached their licence, as well as working with prison and probation officers to manage then list of sexual offenders, as per Sarah's Law. HM inspectorates of prisons inspect prisoners for the government.

Voluntary Organisations- referrals to witness protection groups such as Woman's Refuges, or Victim Support.

Connections to other Agencies

benbunting02 — 2024-01-25 13:07:23 UTC

government departments have relationships with:

the courts, prison services and probation services through HM courts and tribunal services and HM prison and probation services. The ministry of justice is the department responsible.

The police: where the home officer is the department responsible : for setting national policing standards.

the government departments provide funding for these parts of the justice system. the funds come from general taxation.

Connections to other Agencies

benbunting02 — 2024-01-25 13:07:50 UTC

the CPS has relationships with:

The Police - advising on possible lines of enquiry and evidence collection to build a case and also instructing them on charging suspects. The police also decide if a less serious offender should be charged.

The courts - preparing and presenting the prosecution case against offenders and preparing appeals against unduly lenient sentences.

Connections to other Agencies

benbunting02 — 2024-01-25 13:08:10 UTC

The services have relationships with:

The courts and judges - supervising the efficiency running of the court system and funding individual courts.

HM prison service - holding prisoners attending court, pending there transfers/return to prison and arranging video recordings and lives links for prisoners giving evidence from prison.

Connections to other Agencies

benbunting02 — 2024-01-25 13:08:27 UTC

The Courts: Carry out custodial sentences that they impose on convicted offenders. They also supervise defendants if they have been denied bail. The courts also organise visiting times for defence lawyers to their defendants in prison.

The Police: Organise interviews with defendants in ongoing criminal investigations.

The Probation Service & Prison Service: Organise when a prisoner is to be released from prison on licence.

Case example of the CPS and the Police

taylorbeckham7 — 2024-01-25 13:31:08 UTC

The case of Anthony Burns (aka Danny Burns) was convicted and sentenced to 24 years in prison, with 5 years extended licence, for 41 accounts of blackmail, exploitation of children to commit sexual acts, and making and obtaining indecent images of children (IIOC).

Probation and Prison Service case example:

376106_1 — 2024-01-25 13:40:26 UTC

Zara Aleena was murdered by Jordan McSweeney who had a history of assaults in a violent attack. he was realized on license 9 days earlier however should have been recalled and back in prison 6 days before the attack, however the probation staff failed to recall him in. He had previously in prison threatened other inmate but prison services supervising him failed to log in 15 incidents of his in prison.

Example Answer

taylorbeckham7 — 2024-01-30 13:43:15 UTC

THE PRISON SERVICE HAS A RELATIONSHIP WITH MANY OTHER AGENCIES IN THE CJS . ONE OF THESE IS THE POLICE , AS PRISONS HOLD PEOPLE WHO HAVE BEEN REMANDED INTO CUSTODY AND DENIED BAIL BY THE POLICE AND THE COURTS . PRISONERS CAN BE RELEASED ON PROBATION AFTER 2 YEARS IN JAIL HOWEVER THE POLICE WILL ARREST THEM IF THEY ARE IN BREACH OF THEIR PROBATION. THE CPS LIAISE WITH PRISONS TO REQUEST A PRISONER'S APPEARANCE IN COURT OR OVER VIDEO LINK . THE JUDICIARY ARE THE ONES THAT SEND PEOPLE TO PRISON AND KEEP PRISON AS A SENTENCING OPTION . PROBATION SERVICES HAVE A RELATIONSHIP , AS IF A PERSON FAILS TO KEEP THEIR CONDITIONS , E.G. NOT TURNING UP FOR APPOINTMENTS , THE PERSON MAY BE SENT TO PRISON TO SERVE THE REMAINDER OF THEIR SENTENCE . IN THE ZARA ALEEN MURDER CASE THE PROBATION AND PRISON SERVICES WORKED TOGHETHER HOWEVER DUE TO THE PRISONS FAILED RECORDING OF INCIDNENTS AND THE PROBATION FAILING TO RECALL JORDAN MCSWEENY, ZARA WAS MURDERED AFTER HE WAS NOT BROUGH BACK IN FROM PROHABATION AND THERFORE THE PRISON AND PROBATION SERVICED FAILED AT THERE JOB. THE GOVERNMENT CREATES LEGISLATION REGARDING PRISONS AND OFTEN INSPECTS THEM ENSURING ALL RIGHTS ETC. ARE MAINTAINED .

taylorbeckham7 — 2024-02-20 12:17:32 UTC