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D1: Critically analyse the role of lay personnel within the court system of England and Wales
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D1: Critically analyse the role of lay personnel within the court system of England and Wales
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1INVESTIGATION APPROACHES IN ENGLAND AND WALES
1.0 Introduction
Criminal investigation is a key part of criminal justice. Therefore, a fair and effective
criminal justice system is an integral part of which criminal investigation builds public
confidence and encourages respect for law and order (Osterburg, & Ward, 2013). Therefore,
crime investigation is the process by which the perpetrator of a crime, or intended crime, is
identified through the gathering of facts /evidence. Additionally, crime investigation may
refer to a practical science that entails studying of facts, used in identifying, locating and
proving an accused person with criminal record guilty (Lushbaugh, & Weston, 2012).
However, in some case, crime investigation entails clear assessment of whether a particular
crime committed and thus being investigated took place in the first place. Investigation can
be reactive, i.e. applied to crimes that have already taken place, or proactive, i.e. targeting a
particular criminal or forestalling a criminal activity planned for the future. As such, for a
criminal investigation to be considered complete, such investigation must include searching,
interrogating, interviewing, collecting and preservation of evidence as well as other various
key investigation methods.
According to Newburn, Williamson, & Wright, A (2012), there are key approaches applied in
the overall management of crime investigation. In some states, crime investigation is typified
by jurisdictions with a civil law tradition, and hence the overall mandate of crime
investigation is given to a prosecutor or judicial officer, such as a investigating judge. In such
a case, those tasked with investigating a crime normally work based on the management of
the prosecutor or investigating judge, and in some cases, there may even be a special law
enforcement agency designated as judicial police. An additional approach also found in
jurisdictions with a common law tradition about crime investigation is where the whole crime
investigation work is delegated to the law enforcement agencies specifically the police who
work independently from the influence of the prosecutor or the presiding judge until the time
when the case, and the charged suspect, is handed over for prosecution in the courts of law.
There are, however many variations within both basic systems (Stelfox, 2013). For instance,
in many common law jurisdictions, prosecutors work closely with police investigators for at
least some types of crimes. Nevertheless, irrespective of the system adopted, crime
investigation remains the same i.e. identifying who committed the criminal act and gathering
sufficient evidence to ensure a conviction.
, 2
In many civil law systems, there are often two phases described in the crime investigative
process i.e. the pre-investigation or intelligence phase and the investigation itself. Usually the
police are wholly responsible for the pre-investigation which seeks to identify whether an
offence has actually been committed and to gather basic information after which a prosecutor
will assume control. In the come countries, including those based on a common law model,
there is no such phased approach with the term investigation applying to the entire process
beginning the moment in which a crime first comes to notice (Alison, 2013).
Today with continued advancement in technology, criminal investigators are commonly
employing various modern scientific techniques known collectively as forensic science.
Criminal investigation is an ancient science practice that may have roots as far back as c.
1700 BCE in the writings of the Code of Hammurabi. In the code it is suggested that both the
accuser and the accused had the right to present evidence they collected. However, in modern
era criminal investigations are in most cases undertaken by well-trained government agencies
mostly law enforcement agencies. However, private criminal investigators are also commonly
engaged especially in completion or assisting in criminal investigation (Stelfox, 2012).
An early recorded professional criminal investigator was the English constable. Around 1250
CE it was recorded that the constable was to record matters of fact, not matters of judgment
and law. Over the years, crime investigation in England and wales has developed into a
comprehensive system where those tasked with investigating have uncovered highly sensitive
crimes. Therefore, this essay seeks to detail the various investigation approaches in England
and Wales.
1.1 Crime Investigation in England and Wales
Crime investigation in England and Wales is very elaborate. As such, all the that the agencies
of criminal justice including, the police, the Crown Prosecution Service (CPS), the courts, the
prison service and the probation service all have separate and distinctive functions though
they operate towards a common overarching goal i.e. crime control (Wu, & Wu, 2012). In
England and Wales, crime investigation is the structure and organisation of criminal justice
that is characterised by fragmentation, differential roles and aims amongst institutions
forming parts of the criminal justice system, coupled with the absence of a single
Governmental department charged with responsibility for criminal justice policy and its
implementation which accounts for a differential of functions all aimed towards the common
goal of crime control. It is argued that determining what constitutes an institution of the
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