The CJS is one of the major public service systems of the UK. It comprises of the police, criminal barristers, the Crown Prosecution Service , the courts, and the National Offender Management Service amongst others. This article will briefly describe how the system works in practice.

Often the crime is initially reported by a victim or witness, which puts the Criminal Justice process into play. Once reported, the police are the first people to get involved; and their role is to investigate the crime, identify the suspects, bring them into their custody, and then interview them. The police will then either:

• Charge the suspect;
  
  

• Release them with an order to return at a later date;
  
  

• Or, release them without charge.

It is generally the Crown, and not the police, who decides whether to charge the suspect, as well as what is/are the applicable charge(s). They can charge the suspect with a summary offence (a less serious offence, e.g. minor assault); an either-way offence (a more serious offence, e.g. theft or drug offence); or an indictable offence (a serious offence, e.g. murder or manslaughter). If you have been charged with an offence, it is advisable to contact one of our Criminal Solicitors today.

Virtually every case in the Criminal Justice System starts in the Magistrate’s Court and then, depending on the nature of the offence; will either continue there or it goes on to the Crown Court to be dealt with by a judge and jury. Summary offences are managed entirely in the Magistrate’s Court; either-way offences as the name implies can be tried in either court; and indictable offences must be heard in Crown Court. Any appeals from the Magistrate Court’s decisions are also heard in the Crown Court.

When it comes to sentencing types, there are 4 options for the courts to consider. In order of severity, they are:

• Discharges;
  
  

• Fines;
  
  

• Community Sentences;
  
  

• Imprisonment.

If a case is heard in the Magistrate’s Court, the magistrates have a maximum jurisdiction to impose a fine of up to £5,000 or imprisonment for a period of up to 6 months. In the Crown Court, when sentencing, judges must keep in mind the 4 main goals of sentencing which are: deterrence, rehabilitation, incapacitation and retribution. They must also abide by Parliament’s maximum imprisonment term which is set forth for each imprisonable offence. If you are currently involved in the Criminal Justice System and need advice, be sure to contact one of our legal professionals today.

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