FAQ

What does the Criminal Justice System (CJS) do?

The Criminal Justice System is one of our major public services. It works to prevent and deal with crime and offenders in this country. Core activity includes: protecting the public and supporting victims and witnesses, bringing offenders to justice, turning offenders away from crime and stopping crime from happening in the first place.

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Which groups is the CJS made up of?

The Criminal Justice System is made up of several agencies: the police, the judiciary and the courts. Three Government departments share the responsibility for the CJS. These are the Home Office, the Department for Constitutional Affairs, and the Crown Prosecution Service. A National Criminal Justice Board with made up of representatives from all of these departments oversees 42 Local Criminal Justice Boards which operate around the country. 

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How is the LCJB going to improve public confidence in the CJS?

The LCJB believes there are two key aspects to improving public confidence; making improvements to the CJS itself and communicating those improvements to the public.

The LCJB has put in place many improvements, including introducing new ways of dealing with crime, improving the support provided to victims and witnesses, speeding up the courts process and working with young people to prevent them from entering into crime.

The Board has also introduced new face to face events with the public, including Question Time, You be the Judge and community sentencing events. In addition, the Board has extended its consultation with partners and community groups.

Since the LCJB was set up, the prospect of becoming a victim of crime has reduced and the likelihood that an offender will be brought to justice for their crime is at an all time high. The LCJB recognises there is much more to be done and will introduce further improvements this year.

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 What is an “offence ‘brought to justice”?

An offence brought to justice is defined as a notifiable offence which results in a caution, conviction, formal warning, penalty notice or an offence taken into consideration at court.
Bringing offences to justice is one of the key measures of success of the CJS in England and Wales. It is measured in percentage terms – how many crimes are brought to justice as a proportion of all recorded crime.

Success for the LCJB is also measured in terms of the number of offences brought to justice for more serious categories of crime, such as serious violent offences, serious sexual offences or serious acquisitive crime.

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What is being done to support victims of crime?

One of the key aims of the LCJB is to increase the proportion of victims and witnesses who are satisfied with the way they are treated by the CJS. This will be achieved by putting victims at the heart of the LCJB’s work and providing high standards of service. For example:

  • Witness Care Units have been set up to keep witnesses informed at every stage as their case progresses through the CJS.
  • Special Measures are considered for certain witnesses – for example giving evidence by video link or using screens in court so that witnesses do not have to see or be seen by the defendant.
  • Victims now have the opportunity to provide a written Victim Personal Statement, which outlines the impact the crime has had on them. This statement can be read out at court, and is considered during sentencing.
  • The Witness Service, present in every court in Lancashire, assists witnesses giving evidence. They provide pre-trial visits so that witnesses can become more comfortable with the environment. They can meet witnesses at a separate entrance on arrival at court and provide a safe place to wait during the trial.
  • Victim Liaison Officers are available from the Youth Offending Teams and the Probation Service. Victims of serious and sexual crime committed by adult offenders are kept informed of changes to terms of sentences (for example if someone is to be released on licence). Victims of offences committed by young people are informed of sentences passed and invited to become involved in restorative justice processes.
  • The Code of Practice for Victims of Crime and the Witness Charter, which set out the services that victims and witnesses can expect to receive from the criminal justice system, have recently been brought into force.
  • Victim Support is a charity which provides confidential support for all victims of crime, even if a crime has not been reported or does not come to court.

If you are a victim of crime and need support, contact 0845 30 30 900 or visit www.victimsupport.org.uk/vs_england_wales/contacts/lancashire to find the contact details for your local branch.

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What support is offered to victims of domestic violence?

The LCJB takes domestic violence very seriously and wants victims of domestic violence to be confident that they can report crimes and that they will be supported throughout the criminal justice process.

Specially trained police officers are available to handle reports of crime, with specialist lawyers available to prosecute cases appropriately. Specialist Domestic Violence Courts have been set up specifically to handle such cases, and in some instances, cases can proceed without the need for the victim to give evidence in court. Independent Domestic Violence Advisors are available to provide help and support to victims.

CJS agencies work in partnership with other groups such as Women’s Aid to provide support to those who report crimes and need to flee their situations.

If you are in immediate danger from domestic violence, call 999. If you are not in any immediate danger you can contact Lancashire police on 0845 1 25 35 45. For confidential advice & support contact the National Domestic Violence Help line on 0808 2000 247.

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What is the LCJB doing to address the lower confidence that black and minority ethnic communities (BME) have in the criminal justice system?

The LCJB is stepping up its efforts to identify and explain disproportionality at key points in the CJS, and put appropriate strategies in place to address disparities which cannot be explained or objectively justified.
A dedicated Diversity Coordinator is being recruited to assist in this work.

Individual LCJB agencies have adopted new practices to attract more staff from diverse and ethnic communities. They are addressing ethnicity, gender and disability issues with regard to recruitment. Agencies have targets for staff recruitment that take into account faith, race and gender.
Each agency carries out different activities.

For example:

  • the police monitor crime statistics, particularly in relation to Stop and Search, to ensure there is no discrimination in the approach being taken.
  • the CPS has recently established Hate Crime Scrutiny Panels at which members of the public are invited to examine CPS case files and to offer a community perspective on the way that cases are handled and any lessons that can be learned.

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What are you doing to reduce bureaucracy and paperwork?

New initiatives and measures have been put in place across the criminal justice system to reduce bureaucracy and improve effectiveness and efficiency.

For example:

  • Street-issued Fixed Penalty Notices for Disorder have been introduced which enable police officers to deal with low level anti-social behaviour offenders on the street. By issuing a Fixed Penalty Notice there and then, rather than back at the police station, an average of eight officer hours are saved and officers remain visible, policing our communities 
  • Restorative Approaches have been introduced, where both parties involved in a dispute are brought together and the matter resolved amicably. In many cases this can be done immediately, speedily and effectively. This avoids the need to arrest those involved.
  • The LCJB has been focusing on speeding up the court process. This has been achieved by reducing the number of hearings in a case, providing better information to all involved in a case and encouraging defendants to enter a plea at the earliest possible hearing.

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How are people with special needs or disabilities supported throughout the CJS?

The Crown Prosecution Service considers the needs of victims and witnesses with disabilities or special needs, so that they can request that the court allows appropriate Special Measures to be applied in court when the witness gives evidence.

Victim Support and the Witness Service offer additional support and assistance to victims and witnesses, including assisting with attendance at court.

For those who are brought into custody, custody officers are trained to identify medical conditions and special needs. Custody suites have dedicated healthcare provisions.

Those people brought into custody who are identified as having learning difficulties or mental health needs, have a right to be represented by a member of the Appropriate Adult Service during questioning. The custody officer is responsible for arranging for this representation. The Appropriate Adult is there to advise the person being questioned and observe whether or not the interview is conducted properly and fairly.

The Code for Crown Prosecutors makes special provision for those in custody who are being considered for charge, and who have mental health issues. The code outlines that there is a balance to be struck between the public interest in diverting a defendant with significant mental illness from the CJS and other public interest factors in favour of prosecution, including the need to safeguard the public.

If there is significant evidence to establish that a defendant or suspect has a significant mental illness, a prosecution may not be appropriate unless it is needed in the public interest for example because of the seriousness of the alleged offence or the likelihood of re-offending. Information about the person's condition and the availability of any suitable alternatives to prosecution will be relevant and will need to be considered. The Primary Care Trusts assist with referrals and appropriate intervention measures. 

70% of prisoners are identified as having some form of identified illness (including mental health, drug or alcohol related illnesses). Prisoners are assessed as they enter into custody and undergo a complete custody care plan and educational needs assessment. The Prison Service work with the Primary Care Trust to meet the needs of disabled prisoners and those with mental health problems.

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What is being done to tackle the risk of terrorism in Lancashire?

The police and the Crown Prosecution Service (CPS) are working with our communities to raise awareness about the risks of terrorism.

Lancashire Constabulary has launched a new Counter Terrorism initiative that stimulates debate around the sensitive subjects of extremism in society.

Workshops are being hosted across the county to enable community groups from any background to be County Terrorism Officers for the day in a bid to strike up dialogue and debate to engage in issues around terrorism. They are also partnering with Community Facilitators to deliver Counter Terrorism workshops at schools, colleges and universities. The scheme is currently being piloted across the North West and Lancashire police are amongst the first in the country to trial the new technique.

Joint events between the CPS and the police have featured case studies illustrating ways in which individuals can be targeted for involvement in potential terrorist activities, and outlining warning signs that the public can look out for.

The CPS has hosted events at which specialist prosecutors have explained the way in which terrorism cases are reviewed and prosecuted. These events have provided an opportunity for direct discussion with members of minority communities about issues which affect confidence in the CJS.

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What is a police caution?

A caution is a warning given by the police to adults who admit they are guilty of an (often first-time) minor offence.

There are two types of cautions; a simple caution and a conditional caution.

A simple caution aims to reduce the likelihood of them offending again and divert them from appearing in court. It is given at the discretion of a senior police officer.

It can only be given if there is evidence that an offender is guilty and the offender agrees they committed the crime. The offender must be eighteen years of age or over and must agree to be given the caution. A simple caution is not a criminal conviction, but is recorded on the police database and may be considered at court if the offender is tried for any future offence.

A conditional caution differs from a simple caution in that the offender must agree to comply with certain conditions to receive the caution. It also better addresses the needs of the victim – allowing action to be taken to rehabilitate the offender or to repair the damage caused by the offence.

The conditions that can be attached to a conditional caution must have one or more of the following objectives:

  • Rehabilitation – conditions that help to change the behaviour of the offender, reduce the likelihood of them re-offending or help to reintegrate the offender into society
  • Reparation – conditions that aim to repair the damage done either directly or indirectly by the offender
    Rehabilitative conditions could include attendance on drug or alcohol misuse programmes or interventions tackling other addictions or personal problems, such as gambling or debt management courses.

Reparative conditions could include apologising, repairing damage or paying compensation to the victim. Where the offending has resulted in damage to community property, reparation may take the form of unpaid work to repair that damage or of a payment to an appropriate local charitable or community fund.

A conditional caution can only be administered on the direction of a Crown Prosecutor as an alternative to a court appearance. If the subject of a conditional caution fails to comply with the conditions, he or she is prosecuted for the original offence.

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Who decides whether somebody should be charged?

The Crown Prosecution Service (CPS) makes the decision as to whether a person should be charged in all but minor cases. Their decision is made based on the evidence presented to them by the police. Consideration is given to whether there is a realistic prospect of conviction, based on the evidence available and, if so, whether the public interest requires a prosecution.

CPS lawyers are available to police in Lancashire 24 hours a day, seven days a week, either on site in the police station, or via a 24-hour telephone service. Police and prosecutors work together to build strong cases to put before the courts.

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What is the role of the Crown Prosecution Service (CPS)?

The Crown Prosecution Service (CPS) is a national organisation responsible for prosecuting criminal cases investigated by the police in England and Wales.

The Lancashire Area employs around 100 lawyers (a mixture of solicitors and barristers) and around 150 support staff who play a vital role in preparing and, in some cases, prosecuting cases. CPS Lancashire considers around 50,000 cases each year, ranging from motoring offences to murder.

In all but minor cases, prosecutors make the decisions to charge a suspect with an offence and once a charge is brought, a prosecutor is responsible for conducting the case in court. Information on how decisions are made is contained in the Code for Crown Prosecutors which is available on line at www.cps.gov.uk.

The CPS has a developing role in supporting victims and witnesses. Although the CPS acts on behalf of the public as a whole, rather than on behalf of individual victims, it will provide an explanation to a victim whose case is dropped or where the charge is reduced in seriousness.

Joint CPS/Police Witness Care Units operate from CPS offices around Lancashire and provide information, support and practical assistance to victims and witnesses.

Sentence is a matter for the courts rather than the CPS, but prosecutors apply for compensation for victims in appropriate cases and try to take the profit out of crime by seeking confiscation orders against offenders who have gained significantly from their crimes.

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What is an Anti-social Behaviour Order?

An Anti-Social Behaviour Order (ASBO) is a court-issued, community-based order that places restrictions upon a person. The restrictions are linked to the type of anti-social behaviour that the person was committing.

An ASBO aims to tackle repeat behaviour where stress or harassment is being caused to the local community and to prevent future anti-social behaviour. 

An ASBO can ban an offender from:

  • continuing the offending behaviour 
  • spending time with a particular group of friends 
  • visiting certain areas 

ASBOs are issued for a minimum of two years.  

An ASBO is a civil order, not a criminal penalty. This means it won’t appear on an individual's criminal record. However, a breach of an ASBO is a criminal offence punishable by a fine or up to five years in prison. 

An ASBO is the final stage of the process to tackle anti-social behaviour. The first stage is an Acceptable Behaviour Contract, agreed to by the recipient, their parent/guardian if under 18 years of age and the police or other body (e.g. housing department or school). If this is not successful, then a warning letter is sent. If this stage fails then it is for the court to decide if the behaviour warrants an ASBO.

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What is being done to tackle drinking on the street?

The police can require an underage person to stop drinking alcohol in a public place and can confiscate and dispose of the alcohol.

Local authorities have the power to designate certain public areas as "no drinking" areas or zones under the Criminal Justice and Police Act 2001. They are put in place based on necessary evidence being presented, typically by police and local communities. The police enforce the order and can issue Fixed Penalty Notices for non-compliance.

Agencies in Lancashire take proactive steps to raise awareness about the risks of alcohol consumption, including Operation Summer Nights.

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How are you dealing with young people engaging in anti-social behaviour?

Only a small proportion of young people enter into anti-social behaviour, although the LCJB recognises that this behaviour can pose a real problem for local communities.

Each community has their own Community Beat Manager and Police Community Support Officers. Community members concerned about anti-social behaviour should contact local officers who will try to attend and deal with the situation. They have powers to confiscate alcohol from youths in a public place, should this be found.

Steps are taken to prevent the behaviour from continuing or escalating. For example, a young person may be asked to enter into an ‘Acceptable Behaviour Contract’ with their parent/guardian and the police, or other body (e.g. school) to ensure that certain conditions are complied with.

Preventative measures and activities may also put in place, for example, sporting activities for young people and parenting support groups.

If there is a persistent problem, or Acceptable Behaviour Contracts are breached, local police officers will collate the necessary evidence with a view to obtaining Anti-social behaviour orders (ASBOs).

Lancashire’s Youth Offending Team works with young people who have been identified as being involved in, or at risk of getting involved in anti-social behaviour through their GRIP (Group Intervention Panel) programme.

Young people aged 8-17 can be referred onto the programme by agencies such as the police, schools, health service, or Lancashire Fire and Rescue Service. The young people and their families are given an assessment and offered a tailored package of intervention for up to 12 weeks.

Just over 500 young people went through the GRIP programme in 2007/8. Of these, only 7% have gone on to re-offend.

Lancashire Youth Offending Team has also employed an Arts Dedicated Worker who uses creative arts programmes to prevent young people from getting involved in anti-social behaviour or offending.

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What are you doing to tackle offending by young people?

Only a small minority of young people embark on anti-social behaviour or criminal activity and one of the best and most cost-effective ways to reduce youth crime is to prevent young people from getting into trouble in the first place.

A range of activities has been put in place for young people at risk of offending or entering into anti-social behaviour. These include:

  • The Youth Inclusion Programme, which gives young people somewhere safe to go where they can learn new skills, take part in activities with others and get help with their education and careers guidance. Positive role models – the workers and volunteer mentors – help to change young people's attitudes to education and crime.

Young people who are most at risk of offending are identified for the Programme through a number of different agencies including Youth Offending Teams (YOTs), police, social services, local education authorities and schools.

  • The Youth Offending Teams’ Parenting Support Groups, which aim to give new skills and coping mechanisms to parents of those young people at risk of offending.
  • Lancashire’s Youth Offending Team works with young people who have been identified as being involved in, or at risk of getting involved in anti-social behaviour through their GRIP (Group Intervention Panel) programme.

Young people aged 8-17 can be referred onto the programme by agencies such as the police, schools, health service, or Lancashire Fire and Rescue Service. The young people and their families are given an assessment and offered a tailored package of intervention for up to 12 weeks.

Just over 500 young people went through the GRIP programme in 2007/8. Of these, only 7% have gone on to re-offend.

When young people first get into trouble, behave anti-socially or commit minor offences, they can usually be dealt with by the police and local authority outside of the court system, using a variety of orders and agreements. This is to stop young people getting sucked into the youth justice system too early, while still offering them the help and support they need to stop offending.

One innovative approach is Restorative Justice, where a young offender meets with the victim they offended against, in a supervised setting. The victim outlines the real impact the crime had on them. The offender has the opportunity to apologise for their crime and to agree to make amends. Evidence suggests that this has a powerful impact on preventing future offending.

For more information about the range of warnings, reprimands and court orders available, in addition to custodial sentencing, visit: the Youth Justice Board website.

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How are sentencing decisions reached?

There is a range of complex factors to be considered when reaching a sentencing decision in addition to the gravity and the aggravating circumstances of the offence committed.

A court must take into account whether the defendant has pleaded guilty, and if so, at what stage, and give the appropriate credit for a guilty plea. Any previous convictions, or the previous good character of the defendant must be considered. Any relevant matters to do with the defendant’s situation (e.g. drug/alcohol dependency, mental/medical state) will be considered, and the court will very often consider reports from the Probation Service or Youth Offending Team and the views of the victim or community impacted by the offence.

So that consistency in sentencing can be achieved, the Court must also have regard to the guidelines on the offence issued by the Sentencing Guidelines Council, and to any Court of Appeal Guideline Sentencing Decisions.

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Why aren’t custodial sentences served completely in prison?

Under the Criminal Justice Act, if someone receives a custodial sentence, at least half that sentence should be served in custody; the remainder in the community ‘on licence’, under the supervision of the Probation Service. The Probation Service would set out reparation and rehabilitation programmes as part of the supervision.

Where an offender is sentenced to a term of imprisonment over 12 months, strict guidelines are in place for the Parole Board when deciding whether or not the offender can be released on licence. This will take into account, for example, compliance with their prison plan, disciplinary record and risk to the community. When released on licence, conditions are applied, and the offender supervised by the Probation Service. If the conditions of the licence are revoked, they will be returned to prison.

Indeterminate Public Protection Sentences are applied to offenders of whom a court has formed the opinion that there is a significant risk of further harm to members of the public arising from further specified offences. They remain in prison until such time as they are deemed to be no longer a risk. That decision is made at a parole hearing, at which licence conditions and probation supervision requirements are set for release. If these are breached, the offender would be recalled to prison.

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Are community sentences really demanding of offenders?

Community sentences combine punishment with changing offenders' behaviour and making amends - sometimes directly to the victim of the crime. They can also encourage the offender to deal with any problems that might be making them commit crime - like drugs.

Offenders are given a single generic community order with a range of possible requirements. Courts are able to choose different elements to make up a bespoke community order which is relevant to that particular offender and the crime(s) they committed.

The order can include up to 300 hundred hours of compulsory, unpaid work.

Technological advances, such as electronic tagging and voice recognition provide new ways to restrict liberty and reduce crime. 

If the order is breached, the offender is brought back to court, and the court can either make the community sentence more onerous, or can re-sentence for the original offence including custody.

The range of requirements available with a generic community sentence or Community Order is:

  • Compulsory (unpaid) work;
  • Participation in any specified activities;
  • Programmes aimed at changing offending behaviour;
  • Prohibition from certain activities;
  • Curfew;
  • Exclusion from certain areas;
  • Residence requirement;
  • Mental health treatment (with consent of the offender);
  • Drug treatment and testing (with consent of the offender);
  • Alcohol treatment (with consent of the offender);
  • Supervision;
  • Attendance at meetings

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 What support is given to prisoners and their families to integrate them into society on release?

Families can have a large role to play in reducing re-offending, and contact is encouraged through telephone calls and visits whilst the offender is in custody.

On release, the priority is to protect the public, but support is offered to offenders and their family.

Whilst in custody, an offender’s needs are assessed. Work is undertaken to assist with developing necessary skills to enable future employment (which is an important factor in preventing future offending). This would include literacy and numeracy education if necessary. Services and support required on release are ‘sign-posted’ for each offender.
If the offender received a custodial sentence of 12 months or more, they are released on licence, under the supervision of the Probation Service. The terms of their licence will include relevant programmes and support, for example with family, employment or drug and alcohol issues.

There is a family link service for young people in custody that considers what they need on release – this includes access to education, building positive relationships, tackling drug/alcohol misuse and access to housing.

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