Adult Justice System

What are the different stages of the criminal justice system?

Pre court

As an adult, police arrest is usually the first stage of the criminal justice process, where the police carry out initial questioning of someone suspected of a crime. The police follow set rules on the way they can question a person suspected of committing a crime. On arrival at a police station, the person who has been arrested should have their rights upon arrival explained to them by the custody officer. This includes the right to make a phone call and access to legal advice (see Gov.uk – Being arrested: your rights).

After being held for questioning, the police may decide to release the person without charge, give them a caution or place them on police bail. The police may decide not to grant bail meaning they have to remain in police custody for a short period of time whilst the police decide whether or not to bring charges. The Crown Prosecution Service (CPS) is the independent authority responsible for advising the police on cases for possible prosecution.

(Source: After arrest | Prisoners’ Families Helpline)

Court

If charges are brought against a person, they become a defendant in court. Almost all criminal cases begin at a magistrates’ court. Whether they end there or are sent to the Crown Court depends on the seriousness of the crime. If a person either pleads guilty or are found guilty by magistrates or, for more serious offences, a jury, they become an offender and will be sentenced by the court. There are five purposes of sentencing, as set out in s.57 of the Sentencing Code (see Sentencing Council – how sentencing works). A Pre Sentence Report prepared by a Probation Officer assists the court when they may be considering a community or custodial sentence. 

Her Majesty’s Courts and Tribunal Service are responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. Victim Support provides a list of key organisations and who’s who within the Court processes (see Victims and Witnesses).

Victim Support provides an overview of what to expect for victims and witnesses going to Court. PACT / Prisoners Families Helpline provides an overview of going to court for someone charged with a crime.

Post Court

Community sentences and ‘community orders’ are imposed by courts, in line with sentencing guidelines, where they believe that this will be more productive than a prison sentence. They enable people to undertake rehabilitative programmes or work in the community whilst being supervised by the Probation Service in Wales, which is part of Her Majesty’s Prison & Probation Service. If a community sentence is not suitable, for example, due to the seriousness of the offence, different types of prison sentences exist, including determinate sentences, extended sentences, and life sentences (read more at Prisoners’ Families). Her Majesty’s Prison & Probation Service are also members of Community Safety Partnerships, which have a responsibility to work together to reduce reoffending (see Introduction to Community Safety).