CJS working together for the public

Cheshire 

• LCJB Home
• Detailed Information
• Board Members
• Consultative Group - consulting the community
• Sub Groups of the Board
• Press Releases
• Links
• Contact Us
• Career and Vacancy Information
• Annual Reports, Newsletters and Bulletins
• Court addresses in Cheshire
• Community Engagement
• Local Meetings
• Community Survey: We Want Your Views About Criminal Justice
• Crime Does Not Pay - Confiscating Proceeds of Crime
• Domestic Abuse - Be Safe Get Help with Domestic Abuse
• Justice Awards 2009
• Community Payback
• Polls
• Performance Figures

Detailed Information

CHESHIRE POLICE

The Police are responsible for investigating crimes, arresting or reporting people reasonably suspected of committing crimes, and for preparing the prosecution case.They may charge or caution people arrested. In the case of young people, they will work with the local Youth Offending Teams to divert young people away from crime.

CROWN PROSECUTION SERVICE (CPS)

The Crown Prosecution Service (CPS) is responsible for reviewing prosecution cases referred to them by the Police. The CPS will usually decide whether there is sufficient evidence for the Police to charge a suspect (i.e. for the case to proceed), and decide upon the most appropriate charge based upon the evidence available. It is also responsible for preparing cases and prosecuting them at court. The lawyers employed by the CPS are called Crown Prosecutors.They review cases in accordance with the Code for Crown Prosecutors. This is a public document. It sets out the sort of things a Crown Prosecutor must consider when deciding whether or not there is sufficient evidence to prosecute and if so, whether it is in the public interest for a case to continue. Sometimes more evidence emerges as a case continues and Crown Prosecutors must continue to review files until they are finalised. If a Crown Prosecutor decides at any stage of the life of the case to substantially alter a charge or drop it altogether, he will write to the victim and explain why. In some cases he will offer to meet the victim to explain the decision in person.As part of the case preparation, if a victim or witness is vulnerable or intimidated, the Crown Prosecutor will liaise with the Police to find out whether or not ‘special measures’ might help the witness to give evidence in court.These special measures include TV links and screens and also clearing the public from the court when sensitive evidence is being given in cases involving allegations of sexual offences. The police officer will speak to the witness about the measures that may be available and to ask him what might help him to give his evidence in court. The Crown Prosecutor will apply to the court for permission to use the special measures at the trial. In the Magistrates’ Court, Crown Prosecutors deal with the prosecution of most cases. These include day-to-day remand courts, guilty pleas and trials. The CPS also has staff called Designated Caseworkers who deal with the most straightforward cases in Magistrates’ Courts - generally guilty pleas.They are not lawyers but are all experienced caseworkers who have completed a formal “para-legal” qualification. In the Crown Court only barristers and solicitors who have gained their “rights of audience” (they are called Higher Court Advocates) are allowed to prosecute and defend cases.At the Crown Court, the CPS uses its own Higher Court Advocates for some cases, but generally instructs barristers to prosecute on its behalf.This is called briefing a barrister - the “brief” is a set of papers the CPS gives the barrister. It contains all the case details and instructions on what the CPS wants the barrister to do.

LEGAL SERVICES COMMISSION (LSC)

Each year the LSC helps more than two million people to deal with their legal problems. 

They  run the legal aid scheme, which safeguards some of society’s most vulnerable and disadvantaged people.

Legal aid helps ensure access to justice by providing high quality advice, information and representation to people who would not otherwise be able to afford it.

It means clients can protect their rights by:

• getting early advice
• being able to defend themselves if accused of a crime
• taking a case to court when this is the best way to resolve a dispute.

HER MAJESTY'S COURT SERVICE (HMCS)

Magistrates' Court  - When a defendant has to appear before the magistrates they decide whether to plead guilty or not guilty (admit or deny having committed the offence). Defendants who are aged between 10 and 17 inclusive will usually appear before the Youth Panel of the Magistrates’ Court. Lay magistrates (also known as Justices of the Peace or JPs), are local people who volunteer their services in order to administer local justice.They are impartial and independent of the Police and the Crown Prosecution Service. Magistrates are not paid for their time other than expenses. They receive training by the courts in matters of law and sentencing guidelines. Magistrates’ clerks (also known as Legal Advisors) are qualified lawyers, employed by the court, who advise the magistrates on judicial matters. They take no part in the decision of guilt or sentencing. They ensure that the trial is conducted in accordance with the law and that witnesses are treated with respect when giving evidence. Usually, three magistrates make up the bench, meaning the panel that hears the case and decides in contested cases, based on the evidence put before them, whether the defendant should be found guilty or not guilty. If they find the defendant guilty, then they will usually decide the sentence to be imposed.

There are also District Judges who may sit in a Magistrates’ Court instead of a bench of magistrates. District Judges are legally qualified and are paid to carry out this function. Magistrates’ Courts deal with “summary offences” where the defendant is not entitled to trial by jury. These offences involve a maximum penalty of six months imprisonment or a fine of up to £5,000, and include motoring offences and minor assaults. There are also “either way offences” where the defendant can be tried either at the Magistrates’ Court or at the Crown Court. Examples of either way offences are theft and handling stolen goods.There is a third class of offences called “indictable only offences” which include murder, manslaughter, rape and robbery. Magistrates’ Courts are required to send these cases to the Crown Court.. Where people plead guilty at the Magistrates’ Court, the magistrates or the District Judge usually decide on the sentence to be imposed. Magistrates hear over 95% of all cases put before the courts. The Magistrates’ Courts in Cheshire are located in Chester, Crewe, Macclesfield, Northwich, Runcorn, Warrington and Widnes. Anyone who has to attend court as a defendant or a witness (including the victim) should receive a leaflet telling him or her where the court is and explaining what is likely to happen. The Witness Service, who are a voluntary service are based at each court in Cheshire, Halton and Warrington to give information and support to witnesses, victims, their families and friends when they go to court.

Crown Court - Indictable offences and some ‘either-way’ offences are dealt with by a judge and jury at the Crown Court and are generally the more serious offences. There may be some procedural hearings at the Crown Court to settle legal issues before the trial. The defendant and witnesses will be told of the date of the trial and where the Crown Court is. There are three Crown Court centres in Cheshire; Chester, Warrington and Knutsford. At the start of a trial the jury is selected and sworn in (jurors take an oath to judge the evidence fairly). After the evidence has been presented by the prosecution and the defence, the judge then sums up the whole case for the jury, who have to decide whether the defendant is guilty or not guilty. At the conclusion of the case, the jury usually “retire” (go to a private room) to discuss the evidence they have heard, and make up their minds before they announce their decision to the court. If there is any reasonable doubt in their minds, the jury must find the defendant not guilty. If the defendant is found not guilty, he is discharged and provided there are no other matters to consider, he is free to leave without any conviction being recorded against his name. In cases where the defendant accepts his guilt by pleading guilty, or is found guilty by the jury, the judge will sentence the defendant either at that time or after calling for additional reports, for example, from the Probation Service.

YOUTH OFFENDING TEAMS (Cheshire, Halton & Warrington)

Youth Offending Teams (YOTs), were established under the Crime and Disorder Act 1998 and are in place in each local authority area. YOTs are multi-agency partnership organisations, resourced by seconded staff from the following agencies: Local authority social services and education departments, National Probation Service, Cheshire Police, Relevant Primary Health Care trusts (Health). YOTs work with young people aged 10 to 17 years inclusive, who offend, from initial arrest through to final warning, or sentence by the Youth Panel of the Magistrates’ Court or the Crown Court. Multi-disciplinary YOT staff provide the following services: Programmes to meet the specific needs for young people who offend subject to reprimand and final warning, Pre-sentence reports and specific sentence reports for local courts, Supervision of young people subject to a range of community based sentences, custodial sentences and following their release from custody, YOTs also contact victims of youth crime and, where possible and appropriate, involve victims directly in mediation, or direct reparation. Young people also take part in community based projects. YOTs also work with persistent young offenders, through the government’s Intensive Supervision and Surveillance Scheme. This aims to provide intensive supervision of young people who offend regularly in the community.

NATIONAL PROBATION SERVICE

The National Probation Service advises the courts on the personal circumstances of those found guilty, the most suitable community sentence (if any) and the likelihood of the defendant re-offending.This is done by way of a Pre-Sentence Report (PSR), which usually requires the case to be put off for three weeks, or a Specific Sentence Report (SSR), which can be prepared on the day of the court hearing.

The Probation Service supervises those offenders sentenced to community sentences, and those released from prison on licence after serving a sentence of 12 months or more. In doing so, it aims to educate and encourage them to stop re-offending by putting them through programmes known to be most likely to cut re-offending and by attending to any underlying social problems. If offenders don’t comply, the Probation Service will take their cases back to court or, if there has been a breach of a prison licence, back to prison. The Probation Service also contacts the victims of violent and sexual crimes where the offender is sent to prison for 12 months or more. This is to explain to them the structure of the offender’s sentence and any licence period, the timing of any reviews for temporary release, and also to get the victims’ views on matters as they occur, including any licence conditions to which the released prisoner may be subject.

HM PRISON SERVICE (HMPS)

After the courts have sentenced someone to prison, the Prison Service has the job of keeping them in custody. There are over 70,000 people currently in custody, and 40,000 staff whose job it is to look after them with fairness and humanity whilst also maintaining the highest standards of security possible for the general public. Offenders who are sentenced could be sent to a prison anywhere in the country if they are serving a long sentence, but are likely to remain in the North West if they are serving a shorter sentence