The Justice Process
Working Together for Justice
The Thames Valley Local Criminal Justice Board is made up of The Police, the CPS, Her Majesty's Courts Service (HMCS), Her Majesty's Prison Service (HMPS), The Probation Service and the Youth Offending Teams (YOTS).
The Criminal Justice System (CJS) is here to help to create a safer, fairer and more just society by maintaining law and order and administering justice.
The Justice Process Step by Step
- Crime Reported
- Investigation/Arrest
- Preparing for Court
- Magistrates' Court
- Crown Court
- Sentencing
- Punishment and Rehabilitation
The Crime is Reported
A member of the public - usually the victim - contacts the police, usually be phone. The person who takes the call or report runs through a series of questions designed to establish the level of seriousness or urgency of the report and either dispatches officers or takes details to be followed up at a later stage.
Investigation and Arrest
The Police will 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 summonsed to appear before a magistrate.
If someone with mental health or learning difficulties is arrested, the police will ask an appropriate adult - a parent or a social worker - to sit in on the interview. An appropriate adult is also required if a juvenile is arrested. Members of the Youth Offending Team may also be called to offer help 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 or caution
- Release them
Charging is undertaken in consultation with the Crown Prosecution Service who will look at the evidence and advise the police on the likelihood of conviction in a court of law.
Once charged suspects are either bailed to appear in court at a future date or, if the offence is more serious, remanded in custody.
Options Open to the Police
Adult
Release without charge
Simple Caution
Conditional Caution
Cannabis warnings
Penalty Notices for Disorder
Fixed Penalty Notices (for driving offences)
Youth
Reprimands
Final Warnings
Penalty Notices for Disorder (only for those aged 16-17)
Simple Caution
A simple caution is used to deal quickly and simply with those who commit less serious crime. It aims to divert offenders away from court and reduce the likelihood that they will offend again.
Conditional Caution
A conditional caution differs from a simple caution in that you must comply with certain conditions to receive the the caution and avoid prosecution for the offence that has been committed. As with simple cautions, conditional cautions aim to keep lower level offenders from overburdening the system.
Preparing for Court
The Crown Prosecution Service is responsible for preparing cases for court as well as prosecuting cases in the Magistrate's Courts and 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) who have been appointed by the CPS. CPS designated caseworkers provide administrative support, prepare cases for court and may handle straightforward guilty pleas.
Only Higher Court Advocates are allowed to prosecute or defend in the Crown Court. This right to conduct cases is known as a 'Right of Audience' and is granted only to solicitors or barristers who have gained a higher court qualification.
The Magistrates' Court
95% of cases are heard at the Magistrates' Court and only the most serious cases go to the Crown Court. The types of cases heard in the magistrates' court are
- Summary Offences - where the defendant is not entitled to trial by jury and include motoring offences and minor assaults
- Either Way Offences - where crimes such as handling of stolen goods may be heard at either Crown or Magistrates dependant upon the level of seriousness and complexity
- Indictable offences - where the magistrate will decide on issues of bail or media restrictions before the case is passed to the Crown Court
The Crown Court
Crown Court trials take place with a judge and a jury and cover serious, indictable offences such as rape, manslaughter and murder. They also cover
- 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 a Magistrates' Court but the Magistrate believes that the offence requires a stronger punishment than they can impose. In such situations the case is sent to the Crown Court where the judges have the power to impose a more appropriate sentence.
If the defendant is found not guilty then they are discharged. If the defendant, however, is found or pleads guilty then the judge will sentence them. Sometimes this may happen immediately after the verdict but in other, more complex cases, the judge may delay sentencing in order to take into account appropriate reports on the case.
Sentencing
When deciding what sentence to impose, magistrates and judges will have to take account of both the facts of the case and the circumstances of the offender. To help them they will have available a report about the offender from the Probation Service or Youth Offending Team which will include a proposal on sentencing.
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
Imprisonment is only used for the most serious crimes and offenders. As well as sentencing guidelines, which all judges and magistrates are given, all imprisonable offences have a maximum term laid down by Parliament. There are also mandatory minimum sentences for serious repeat offenders.
Punishment and Rehabilitation
The Prison Service is responsible for the security, supervision, training and rehabilitation of offenders whilst in custody. The Probation Service is responsible whilst offenders are on licence or serving community sentences.
While public safety is paramount, everyone in prison has to be treated with fairness and humanity. the prison service aims to provide productive activities that will educate and rehabilitate prisoners so that they won't re-offend as well as trying to reduce crime by promoting law abiding behaviour.
The National Probation Service provides reports and advice on sentencing and assesses the re-offending risk. They are also responsible for running and enforcing community sentencing as well as supervising those released from prison under licence.
Voluntary Sector Involvement
A number of national and local voluntary agencies are involved in helping to rehabilitate offenders. One of these is Nacro (The National Association for the Care and Resettlement of Offenders) which works with more than 25,000 people each year providing housing and helping them to find work.