very in-depth and clear lecture notes from student at city university of London studying the English legal system. I personally revised from these notes and achieved a 2:1 in this module.
9084 AS LAW — Unit 2.2: The Criminal Justice System
9084 AS Law — Unit 3: Legal Personnel
judges
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City University (City)
LLB Law
English legal system
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Criminal justice system
The most important tool society has for controlling anti social behaviour. Its concern is with
regulating behaviour by imposing sanctions on those who break those rules.
The difficult challenge that faces those developing the rules of criminal law and procedure is
balancing the provisions of criminal law with the preservation of liberty and freedom of the
individual.
How successful is it?
Lots of positives e.g jury trial (fair, being judged by your peers)
But also failings e.g miscarriages of justice
Why do miscarriages of justice happen?
Eye witnesses identifying the wrong person
Misconduct or errors by the prosecution
Faulty forensic evidence
False confessions
Unreliable evidence of those with a criminal background
Inadequate legal representation
Those involved in the criminal justice system
Police
Crown prosecution service
Serious fraud office
National crime agency
Other investigating/prosecuting authorities
Magistrates courts
Crown courts
Appeal courts
Criminal cases review commission
Prison services
National probation service
Criminal defence service
Criminal injuries compensation scheme for victims
Other victim and witness care services
The police
Central to the criminal justice system. Tradition of local police forces- forging links. Sometimes
strained relations e.g Mark Duggan: summer riots. Reforms increasing centralised powers. Police
reform and social responsibility act 2011 (directly elected police commissioners). Corruption risk?
Home affair committee 2002
“…civilians with insufficient training, working in poor conditions, for less money while doing jobs
that until recently were undertaken by police officers”.
Police federation on the role of community support officers- “Community Support Officers are
supposed to just be the eyes and ears of the police service and therefore should not be placed in
, potentially confrontational situations, which detaining someone clearly is. They do not have the
appropriate experience, the right training or adequate safety equipment to deal with this, which
places the wellbeing of the public, police officers and themselves in jeopardy. By giving them more
powers, we are effectively taking them away from the communities they serve and creating even
greater confusion as to the differences between CSOs and police officers.”
Police powers
Pre arrest powers
Powers of arrest
Powers after arrest: detention, interrogation, finger prints and DNA profiles
Safeguards for the suspect
Trial process
Criticism and reform
Pre-arrest powers
1. Stop and account “there is no national requirement for an officer who requests a person in a
public place to account for themselves…to make any record of the encounter, or to give the
person a receipt”.
2. Stop and search code A
Home office: some stop and search decisions were being based on ‘broad generalisations and more
superficial criteria’
Stop and search: drugs and terrorism
Drugs – s.23 Misuse of Drugs Act 1971: reasonable suspicion in possession of a controlled drug
Terrorism – Terrorism Act 2000 s.44 (passed after 9/11).
In 2008: 41,000 stopped & searched – 28 arrests, none connected to terrorism
R (on the application of Gillian) v Commissioner of Police for the Metropolis (2006)
2010 s.44 powers suspended
Protection of the Freedoms Act 2012 s.44 repealed. New S & S powers inserted as s.47a Terrorism
Act 2000.
Stop and search procedures
Before carrying out search, police must identify themselves and the station where they are based,
and tell the person to be searched the grounds for the search. R v Bristol 2008. Reasonable force
may be used s.117.
Can require removal of outer clothing.
Must ask person stopped, their name, address and to define their ethnicity.
Codes of guidance: best use of stop and search
From college of policing. All police forces signed up. Members of the public can accompany officers
on patrol to see how powers used. If large number of complaints, force must explain to community
scrutiny group how it is using the powers.
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