Detailed Information
Crime Reported
What happens if a crime is committed?
A member of the public - usually the victim - contacts the police. If they phone, they are passed to a call handler who takes the details of the crime, establishes the urgency of the situation and dispatches officers to the scene or takes details to be investigated at a later stage.
Response times can be critical - often the police can disrupt a crime in progress or arrive in time to arrest the offender and prevent further harm or distress to victims and witnesses.
For more information visit:
www.crimereduction.gov.uk
www.victimsupport.org.uk
Investigation/Arrest
How is a crime investigated?
When a crime is reported, the first people involved are the police, who have responsibility for investigating the crime and catching and charging suspects.
They'll begin by making a crime report. They may then take statements from victims and witnesses, and search the crime scene for evidence. As the investigation proceeds, they'll aim to identify a suspect, who will then be arrested for questioning or summoned to appear before a court.
If someone with mental health or learning difficulties is arrested, the police will ask an 'appropriate adult' - like a parent or social worker - to sit in on the interview. Likewise, an appropriate adult is required if a juvenile is arrested. Members of the Youth Offending Team may also be called in to offer advice and support.
Once the investigation is complete, the police will either:
- charge the suspect
- summon them to return at a later date
- give them a formal warning (a 'caution')
- release them
Once charged, suspects are either bailed to appear in court at a future date or, if the offence is serious, remanded in custody. The CJS is getting tougher on enforcing bail and ensuring defendants turn up in court.
For more information about the police visit
www.police.uk or
www.staffordshire.police.uk
Preparing for Court
What happens once someone has been charged?
When a charge is made, the case is handed over to the Crown Prosecution Service (CPS). There, a Crown Prosecutor, who is a lawyer employed by the CPS, 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 new Criminal Justice Act 2003 gives responsibility for charging most suspects to the CPS. The police will retain charging responsibility for less serious offences, such as motoring offences.
Why the change? Early involvement of the CPS should help the police identify which cases to proceed with, and free up more of their time for investigation. This should mean the charge is right first time, resulting in more guilty pleas and fewer cases dropped in court.
The CPS is also responsible for:
- preparing cases for court
- prosecuting cases at the Magistrates' Court
- directing prosecution in the Crown Court and higher courts
Most prosecutions in the Magistrates' Courts are dealt with by Crown Prosecutors or by agents (local barristers or solicitors) appointed by the CPS. CPS Designated Case Workers provide administrative support, prepare cases for court and may handle straight forward guilty pleas.
In the Crown Court, only 'Higher Court Advocates' are allowed to prosecute and defend cases. This right to conduct cases is known as 'rights of audience' and is granted only to barristers and solicitors who have gained a Higher Court Qualification.
For more information about the CPS visit
www.cps.gov.uk
Magistrates Court
What happens at the Magistrates' Court?
There are three types of cases that come to Magistrates' Courts.
- Summary offences - where the defendant is not entitled to 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 at 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, like media reporting restrictions, will be considered. 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 of up to six months' imprisonment and/or a fine of up to £5,000.
If they are acquitted, and provided there are no other cases pending against them, they should be able to leave immediately, judged innocent in the eyes of the law.
Over 95% of all cases put before the courts are dealt with in the Magistrates' Courts. Cases are heard either by three lay magistrates or by one District Judge. The lay magistrates or 'Justices of the Peace', as they are also known, are local people who volunteer their services. They don't have formal legal qualifications, but are given legal and procedural advice by qualified clerks who handle the general administrative court work.
District Judges, however, are legally qualified. They are paid, full-time professionals and are usually based in the larger cities.
For more information abut Magistrates' Courts, visit:
www.courtservice.gov.uk
www.magistrates-association.org.uk
www.staffs- mcs.gov.uk
Crown Court
What happens at Crown Court?
Because of the seriousness of offences tried in the Crown Court, these trials take place with a judge and jury. The Crown Court deals with:
- Indictable- only offences like murder, manslaughter, rape and robbery
- Either-way offences transferred from the Magistrates' Court
- Appeals from the Magistrates' Court
- Sentencing referrals from the Magistrates' Court
Sentencing referrals happen when someone is convicted in the Magistrates' Court but the Magistrates believe that the offence requires a stronger punishment than they can impose. In situations like this, the case is sent to Crown Court where the judges have the power to pass a more appropriate sentence.
If the defendant is found not guilty they are discharged without a conviction being recorded against their name.
If the defendant pleads guilty or is found guilty by the jury, the judge will sentence them. sometimes this will happen immediately after the verdict. In other more complex cases, for example, if there are questions about the defendant's state of mind or what kind of sentence would be suitable, the judge may delay sentencing and ask bodies like the Probation Service, to submit a report on the case.
For more information about the Crown Court visit:
www.courtservice.gov.uk and
www.dca.gov.uk
Sentencing
How are sentences decided?
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.
A sentence needs to:
- protect the public
- punish the offender fairly and appropriately
- encourage the offender to make amends for their crime
- contribute to crime reduction - by stopping re-offending
There are four types of sentence available to the courts, depending upon the seriousness of the offence:
- discharges
- fines
- community sentences
- imprisonment
Community sentences, which combine punishment and rehabilitation and making amends, can include 'restorative justice' - making amends directly to the victims of crime. Imprisonment is only used for the most serious offences and offenders. As well as sentencing guidelines, which judges and magistrates are given, all imprisonable offences have a maximum term laid down by Parliament. There are also mandatory minimum sentences for some serious repeat offenders.
Punishment & Rehab
In the Community
What happens when someone goes to prison?
Community sentencing comes under the supervision of the National Probation Service (NPS). In court, the probation staff provide advice and reports on sentencing and assess re- offending risk. NPS runs and enforces community-based sentences;
- Community Punishment Order
- Community Rehabilitation Order
- Community Punishment & Rehabilitation Order
- Drug Treatment and Testing Order
Community sentences force offenders to understand the consequence of their actions and give them the means to change their behaviour and attitudes. These are often combined with measures to tackle issues like literacy, unemployment or homelessness which can contribute to re-offending. These are often specific to the offence like drink-driving or domestic violence.
It also supervises many who have just been released from prison under licence conditions. When potentially dangerous offenders are due for release, the NPS works with the Police and other partners to increase levels of public protection.
For more information visit:
www.probation.homeoffice.gov.uk
www.staffordshireprobation.org.uk
In Custody
What happens when someone goes to prison?
When someone is convicted of an offence and sent to prison, they pass into the care of The Prison Service. For a long sentence, they could be held in a prison anywhere in the country. For shorter sentences, however, they are likely to remain in their local area.
The Prison Service is responsible for the security, supervision, training and rehabilitation of offenders. This can involve carrying out security checks and searches, maintaining proper order and supervising visits.
Whilst public safety is paramount, everyone in prison has to be treated with fairness and humanity. As well as trying to reduce crime by promoting law- abiding behaviour, the Service aims to provide productive activities that will educate and rehabilitate prisoners so that they won't re-offend when they are released.
For more information about the prison service visit:
www.hmprisonservice.gov.uk
National Offender Management Service
What is NOMS?
In January 2004, the Home Secretary announced the creation of a new single National Offender Management Service, which will build on the achievements of the Prison Service and the National Probation Service.
The new service will provide end-to-end management of offenders - whether they are serving their sentence in prison or in the community - and have the responsibility for both punishing offenders and reducing offending.
