FAQs

Finding out more about the Criminal Justice System

Click on the questions to find out the answers!

What does the Criminal Justice System do?

The Criminal Justice System (CJS) is one of our major public services. It works to prevent and deal with crime and offenders in the country. Core activities include:

  • protecting the public and supporting victims and witnesses; 
  • bringing offenders to justice; 
  • turning offenders away from crime;
  • stopping crime from happening in the first place.

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Who makes up the CJS?

Within central government, three departments are jointly responsible for the Criminal Justice System and its agencies. 
They are the:

  • Home Office – oversees the Police, the Prison Service and the National Probation Service, and sponsors the Youth Justice Board, Criminal Injuries Compensation Authority and the Criminal Case Review Commission.
  • Department for Constitutional Affairs – oversees the Magistrates’ Courts, the Crown Court, the Appeal Court and the Legal Services Commission.
  • Attorney General’s Office – oversees the Crown Prosecution Service.

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What is a Local Criminal Justice Board?

Local Criminal Justice Boards (LCJBs) were introduced in 2003. The Local Criminal Justice Board brings together the chief officers of the CJS agencies. Accountable for local targets and working together to improve the whole of the CJS in their area, LocalCriminal Justice Boards are a landmark in developing solutions across the whole of the system.

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What happens when a crime is reported?

When a crime is reported, the first people involved are the police, who have responsibility for investigating the crime and catching the suspects. They will begin by making a crime report. They may then take statements from victims and witnesses and search the crime scene for evidence. They’ll aim to identify a suspect, who will then be arrested for questioning or summoned to appear before a court.

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What happens once someone has been charged?

When a charge is made, the case is handed over to the Crown Prosecution Service (CPS). A Crown Prosecution lawyer will review the prosecution file and witness statements. They will then decide whether or not the case should proceed and what the correct charge should be. The CPS is also responsible for preparing cases for court, prosecuting cases at the Magistrates’ Court and directing prosecution in the Crown and higher courts.

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What happens once a case goes to court?

There are three types of cases that come to the Magistrates’ Courts:

  • Summary offences, where the defendant is not entitled to a trial by jury. These offences include motoring offences and minor assaults.
  • Either-way offences, where the defendant can be tried either at the Magistrates’ Court or the Crown Court. Such offences include theft and handling stolen goods.
  • Indictable-only offences, such as murder, manslaughter, rape and robbery, which must be heard in the Crown Court. 

If the case is an indictable-only offence, the involvement of the Magistrates’ Court is brief. A decision will be made on whether to grant bail and other legal issues will be considered, like media reporting. The case will then be passed to the Crown Court.

If the defendant is charged with a summary offence, or an either way offence that is being dealt with in the Magistrates’ Court, they will have to enter a plea of guilty or not guilty. If they plead guilty or are convicted after pleading not guilty, the magistrates have the power to pass a sentence up to six months imprisonment and/or a fine of up to £5000.

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What types of sentences are available to the courts?

There are four types of sentence available to the courts, depending upon the seriousness of the offence.

They are:

  • discharges;
  • fines
  • community sentences 
  • imprisonment. 

When deciding what sentence to impose, magistrates and judges have to take account of both the facts of the case and the circumstances of the offender. To help them, they may ask the Probation Service to produce a report about the offender, including a proposal regarding the sentence. 

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What is the National Probation Service?

In court, probation staff provide advice and reports on sentencing and assess re-offending risk. The National Probation Service runs and enforces community-based sentences, for example a community punishment order or a drug treating and testing order. It also supervises many who have just been released from prison under licence conditions.

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What is the Youth Offending Team?

Youth Offending Teams (YOTs) are multi-agency partnership organisations, resourced by staff seconded from local authority social services and education departments, the National Probation Service, police and primary care trusts. 
YOTs work with young offenders aged from 10-17 years old, from the point they first come into contact with the Justice System, through to arrest, final warning and sentence at youth and crown court. They also provide intensive community supervision of young offenders and also undertake preventative work with young people from the age of eight and their families.

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How can Victim Support help in Court?

All criminal courts in Norfolk now have a Witness Service, managed by Victim Support Norfolk. Trained staff and volunteers help victims, witnesses and their families and friends in court by familiarising them with the court before the hearing, supporting them on the day, giving information about court procedures and arranging further help after court.

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Where can people learn more about the Criminal Justice System?

You can learn more about the Criminal Justice System by visiting CJS Online at www.cjsonline.gov.uk

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