The Criminal Justice System

The criminal justice system in the UK is made up of a number of agencies each responsible to a government department. There are two main aims of the criminal justice system:

  • To reduce crime and the fear of crime and their social and economic costs
  • To increase confidence in the system

What is the Criminal Justice System?

The Criminal Justice System in England and Wales is made up of a number of agencies and departments. The main agencies are:

  • The Police Servicelegal aid image
  • The Court Service
  • The Prison Service
  • The Probation Service

The government departments that oversee the Criminal Justice System are:

  • The Ministry of Justice (MOJ)
  • The Home Office

If someone is mentally ill and going through the criminal justice system, they may be 'diverted' to health and social care services. In the criminal justice system these are often referred to as Forensic Mental Health Services. These services include psychiatric hospitals and community mental health services.

How does the system work?

People come into contact with the Criminal Justice System because they are suspected of committing a criminal offence. The usual process of going through the system is: 

  • being arrested having been suspected of committing an offence
  • being taken to the police station where the person accused is interviewed
  • if the offence is relatively minor, the police may decide whether or not to charge the person with the offence
  • if the offence is more serious, the police may refer the case to the Crown Prosecution Service (CPS) who will decide whether or not wire rimmed glasses on top of a pile of papersto charge the person for the offence 
  • if charged with an offence, the person (known as a defendant) will appear at a Magistrates’ Court where the Magistrates may deal with the case themselves or send (‘commit’) the case to a Crown Court if the offence is particularly serious
  • there may be several court hearings during which the suspect will make a plea (say they are guilty or not guilty)
  • sentencing which could include an array of ouctomes such as imprisonment, community order or fine
  • being detained in a prison – either as a remanded prisoner (awaiting or going through a trial at court) or as a sentenced prisoner (convicted and found guilty of an offence)
  • being supervised by the probation service either having been released from prison with conditions to meet in the community or if serving a community order

Mental health can be considered at any stage, which could result in the defendant being 'diverted' out of the criminal justice system and into health and social care services to get the help they need, which could be hospital.

Where can I get further information?

Sibling support group

More information on the process of what happens at each stage of the criminal justice system, the possible outcomes and how mental health can be considered can be found on the website and in the following factsheets:

Got a question? Not sure of your rights? Need advice? We can provide mental health advice and information on practical issues - contact our Rethink Advice & Information Service.