Understanding the Criminal Justice System

To someone who hasn’t encountered it before, the Criminal Justice System can be complicated and overwhelming. This is not helped by the fact that often those coming into contact with the system are dealing with the consequences of a crime. This guide will explain in chronological order the different stages of the Criminal Justice System in order to simplify the process. 

Police

The first organisation to become involved when a potential crime is recognised is the police. They will investigate the matter and if they believe that an individual has committed an offence they can then make an arrest. Once this has happened there a number of things that can happen:

  • An out-of-court disposal may be used. This only applies when an individual has admitted guilt to the offence and the crime committed is low-level or first-time. The police handle this and no court appearance is necessary. Commonly they are cautions recorded by the police, potentially with a conditional element such as fixing damages or attending a rehabilitation program. Failing to comply can lead to prosecution.
  • Being released on bail means that the suspect is let out of police custody, either while the police gather more evidence or whilst awaiting a court trial. This also may come with certain conditions such as surrendering your passport, agreeing to not contact certain people or having to attend the police station at agreed times. Failing to comply can lead to a further arrest.
  • Additionally the police may take No Further Action (NFA) after an arrest or whilst an individual is on bail. This means they have decided there is not enough evidence to progress with the case or that it is not in the interest of the public. The case is closed and a written letter will confirm this outcome.  

Crown Prosecution Service

If none of the above happen then the police will consult with the Crown Prosecution Service (CPS). This independent organisation is responsible for proving the guilt of a suspect in the courtroom, this means that when cases are brought forward by the police and other bodies, they have several duties:

  • Cases need to be examined to ensure there is enough evidence for a chance of conviction and if prosecution is within the interest of the public.
  • They may advise in the police investigation.
  • The exact criminal offence, referred to as a charge, needs to be decided.
  • The case will need to be presented in court.
  • Additionally they will support victims and witnesses, ensuring they feel heard.

Upon doing their examination of the case the CPS may rule to take NFA, and likewise to above the case will be closed. If the CPS decide to go ahead with the case then the Police will then charge the suspect. It is additionally possible to be charged without an arrest taking place, usually in less severe offences, a Notice of Criminal Charge can be received in the post.

Youth Court

Youth Courts are a specialised type of Magistrates Court for individuals aged between 10 and 17. The key difference in the Youth courts are:

  • Children are referred to by their first names and are allowed to sit with a supporting adult
  • Members of the public are not allowed in the courtroom unless given permission
  • Media reporting is restricted- children are not allowed to be identified
  • Judges may dress more casually and will speak directly to the child in order to make it easier for them to understand the process

On their first appearance the child will be asked to plead guilty or not guilty, then a decision will be made about whether to keep the case within the Youth Court, as in most cases, or in serious instances for the case to instead be heard at the Crown Court.

Youth Court sentences are also different:

  • Discharges similar to those used in Crown Court may be applied as well Financial orders which often are passed upon the parents or guardians to pay.
  • Youth Rehabilitation Orders are community sentences which can last up to three years. They can include curfews, activity requirements and supervisions.
  • Detention and Training Orders are custodial sentences for those aged between 12-17 years. The maximum sentence length is two years. The first half of the sentence will be in custody and the second half is supervised community release. Breach of requirements can lead to being taken back into custody.

Magistrates Court

No matter the severity or complexity of the case, all adult criminal charges in the UK will first be brought before the Magistrates court and most will also finish there. More serious cases will be passed to the Crown Court after the initial hearing. If the case is to remain within the Magistrates Court then the suspect is expected to enter a plea, to state whether they are guilty or not guilty of the offence. 

In the event of a suspect pleading guilty the following can occur:

  • The court can impose a fine of an unlimited amount
  • The court can impose a prison sentence of up to 12 months for a single offence
  • The case can be passed to crown court for sentencing if Magistrates court have insufficient powers 
  • Additional sentences can include unpaid community work or bans. The Court can also give a combination of punishments.

In the event of a suspect pleading not guilty a trial can take place within the Magistrates Court, the case will be adjourned, or suspended, until the agreed upon date. A trial is typically overseen by one presiding justice and two additional magistrates who will not speak in court. These magistrates are made up of individuals who volunteer their time. In longer or more complex cases a District Judge may instead sit in court, they are full time members of the judiciary.

If a trial results in a guilty verdict then any of the above list could be applied, in the case of a not guilty verdict the suspect will be free to go.

Crown Court

A similar process to the Magistrates Court is followed within the Crown Court, the suspect will first be asked to enter a plea. Sentences within this court are also similar but the Crown Court is able to give significantly higher punishments then the Magistrates. If a suspect pleads not guilty then a trial by Jury will be conducted.

Juries are made up of a randomly selected group of 12 citizens, they will hear the evidence given by both sides of the case and then they must reach a majority verdict on whether they believe the suspect to be guilty or not guilty of the offence. The judge will then conduct the sentencing in the instance of a guilty decision. 

There are four main types of Sentences within the Crown Court:

  • Custodial- Prison sentences can be given of any length, including whole life sentences in which an individual will never be released from prison. Offenders often spend half their sentence in prison and the remainder on licence within the community. Breaking the conditions of licence can mean they will be sent back to prison for the rest of their sentence.
  • Community- Often involves a combination of rehabilitation requirements and community activities such as litter picking. Unpaid community work can vary in length between 40 to 300 hours.There are many other possible requirements such as curfews, travel bans, mental health treatment and electronic monitoring. 
  • Fines- These are the most common type of sentence and are unlimited in the amount that be ordered to be paid. Compensation orders can also be passed in which money must be paid to the victim of the crime.
  • Discharges- In some instances a judge may rule that the experience of being prosecuted and taken to court is enough of a punishment. However if the offender goes on to commit another crime within an allotted amount of time then a sentence can be passed for both the new and original crime.

The Probation Service oversees offenders with community services and those released from prison. Their aims are to rehabilitate individuals therefore reduce reoffending and protect the public. They can also provide reports to the courts on backgrounds and sentencing recommendations.

Becoming involved or knowing someone involved in the Criminal Justice System can be challenging for individuals. This guide has aimed to set out the functions of different organisations within the system without the density of legal jargon in order to make it more understandable. In this manner it is hoped that those finding themselves involved in the Criminal Justice system can follow the guide to better perceive what is going on around them.  

Helplines

The Survivors Trust

The Survivors Trust is a national organisation providing support for people affected by rape, sexual abuse and sexual violence. They support survivors, their families, friends and professionals with information, advice, emotional support and signposting to specialist services.

Phone: 0808 801 0818
Opening times: Monday–Thursday, 10am–12:30pm, 1:30pm–3pm and 6pm–8pm; Friday, 10am–12:30pm and 1:30pm–3pm; Saturday, 10am–12:30pm; Sunday, 6pm–8pm
Text: 07860 022 956
Email: helpline@thesurvivorstrust.org
Website: www.thesurvivorstrust.org

Victim Support

Victim Support is an independent charity providing free, confidential support for people affected by crime and traumatic incidents. They support people affected by issues including bullying, abuse, sexual violence, domestic abuse, hate crime and other crimes.

Phone: 0808 1689 111
Opening times: 24 hours a day, 7 days a week
Live chat: Available 24 hours a day
Website: www.victimsupport.org.uk

Samaritans

Samaritans is a charity providing emotional support to anyone who is struggling to cope or needs someone to talk to. They are there for people experiencing all sorts of difficulties, including stress, anxiety, loneliness, relationship or family problems, bereavement, feeling overwhelmed and concerns about mental health or suicide.

Phone: 116 123
Opening times: 24 hours a day, 7 days a week, 365 days a year
Website: http://www.samaritans.org

Childline
Childline is a free service for young people to talk to a counsellor about anything. The service is available 24 hours a day, 7 days a week. Childline is available to anybody who is 18 years old or younger.

Phone: 0800 1111
Opening times: Available 24 hours a day, 7 days a week, 365 days a year
You can also find helpful resources, speak to a counsellor online or send a message on their site.
Website: www.childline.org.uk

For adults concerned about a child, the NSPCC can be contacted 

NSPCC

NSPCC is a children’s charity that works to protect children and prevent abuse and neglect. They provide support and advice for adults about child abuse, neglect, child safety, online safety and children’s mental and emotional wellbeing. 

Phone: 0808 800 5000
Opening times: 10 am–4 pm, Monday–Friday
Email: help@nspcc.org.uk
Email opening times: 11 am–4 pm, 7 days a week
Website: www.nspcc.org.uk

YoungMinds

YoungMinds is a national charity supporting the mental health and wellbeing of children and young people. They provide information, advice and support for parents and carers who are concerned about a young person’s mental health, and help people understand mental health difficulties, find appropriate support and access useful resources. Their Parents Helpline can provide information, advice, emotional support and signposting to other services. 

Parent helpline: 0808 802 5544 (9:30 am – 4 pm on Mondays, Thursdays and Fridays, and from 9:30 am – 6 pm on Tuesdays and Wednesdays)
Email: parents@youngminds.org.uk
Webchat: https://www.youngminds.org.uk/parent/parents-helpline/