Essay
Criminology Unit 3 AC2
Criminology Unit 3 AC2 including answers for ac2.1, ac2.2, ac2.3, ac2.4 and ac2.5.
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AC2.1 - Explain the requirements of the Crown Prosecution Service for theprosecution of suspects.
The main public prosecutor in England and Wales is the Crown Prosecution Service, also known as
CPS. It was set up in 1986 under the Prosecution of Offences Act 1985. Taking over the role of
prosecuting from the police as there was a risk of bias in allowing them to investigate and prosecute
cases. The CPS also gives advice to the police during their investigations about lines of inquiry and
about what evidence they might need to build a case.
The CPS must first pass the Full Code Test to prosecute a case. It takes place once the police have
completed all reasonable lines of inquiry and is made up of two different stages.
The first is the evidential test, where before prosecuting the prosecutors must be satisfied that there is
sufficient evidence for a realistic prospect of conviction. Prosecutors must decide that the evidence is
admissible, reliable and credible and if it is found not to be then the prosecution must not go ahead.
This means that they need to make sure there is enough reasonable evidence to allow the
magistrates, jury, and judge to find the suspect guilty or not guilty. If a case does not pass this
evidential test then the case must not proceed to court. This could be if there is not enough evidence
it may also fail the admissibility section of the test. Colin Stagg was arrested for the murder of
Rachell Nickell and was subjected to an undercover honey trap police operation. This evidence that
was collected was later found inadmissible in court as it was collected through illegal means. They
must also decide whether the evidence is reliable. For example, if the witnesses are truthful and of
good character. The CPS, however, failed in the case of Damilola Taylor where the witness was
ill-prepared for court and was later exposed for lying and the case collapsed.
The second part of the test is the public interest test where there is enough evidence for a realistic
prospect of conviction. They have to consider seven questions although they may not all be relevant
in every case. The first question is, how serious is the offence? This can affect the likelihood of
prosecution, like if the crime is more serious. Another is, what harm has the victim suffered? As the
more vulnerable the victim is the more likely it is that a prosecution is required like where the suspect
targeted or exploited the victim. In these cases, the prosecutor should take into account the impact
the offence has had on them. In addition to the impact on the offending community. Even though this
is a question the CPS follow in the case of Christopher Kapessa the family of a 14-year-old boy has
accused the CPS and South Wales Police of institutional racism for not prosecuting a suspect over his
death. In every case, evidential and public interest tests must be passed for a prosecution to occur.
The threshold test can be applied to cases that have not met the full requirements of the full code test.
There are five conditions that must be met before the suspect can be charged to start with, there must
be reasons to believe that the suspect has actually committed the crime and there must be grounds to
believe that there can be more evidence obtained that will provide a realistic prospect of conviction.
The crime must be serious enough for the suspect to be charged immediately and to be substantial
grounds to object to bail on the grounds that they could interfere with the witness and mess up the
case, and lastly it must be in the public interest to actually charge the suspect if these requirements
are not met then it's unlikely that the perpetrator will be charged. Any decision made under the
threshold test must be kept under review and the prosecutor should obtain additional evidence from
the police. In the case of Liam Allan, the prosecution's case rested largely on the complainant's
account. It took two years from his arrest to be heard in court. Before the trial the prosecution was
asked to disclose all text and social media messages, however, they failed to do so. As soon as the
material had been seen the case was dropped immediately. If the system had operated correctly
these messages should have been passed by the officer in the case to the CPS before a decision on
whether to charge was made.
AC2.2 - Describe trial processes.
, There are three types of offences within the criminal system and they determine where they can be
tried. The first are summary offences; these are minor offences such as motoring offences and assault
and these are tried at a magistrates court. Sentencing for these crimes can range from 3 to 6 months
imprisonment. Triable either way cases can either be tried at the magistrate’s court or the crown court,
although the first hearing will be at the magistrate’s court. Examples of these offences include murder,
rape, robbery and GBH. Indictable offences are the most serious and include offences such as theft,
fraud, and assault occasioning actual bodily harm. These can be tried in either a magistrates court or
crown court.
All decisions made by the magistrate’s court before the trial are called pre-trial matters. Usually, it
deals with the points of law such as whether certain evidence is admissible. Before starting the trial
the defendant will be read out the charge and asked to plead guilty or not guilty. If the defendant
pleads guilty the magistrates hear evidence, then either pass a sentence immediately or adjourn the
case for reports before sentencing at a later date. On the other hand, if they plead guilty the
magistrates must make decisions about reports, legal aid and bail before the trial goes ahead. the
defendant may be offered a plea bargain, this is where the prosecutor and defendant arrange a deal
for the defendant to plead guilty in return for some concession. This comes in three main types:
charge bargaining, count bargaining and sentence bargaining. Charge bargaining is where the
defendant pleads guilty to a less serious charge, and therefore receives a lighter sentence. Count
bargaining is where the defendant pleads guilty to one charge, in return for others being dropped.
Sentence bargaining is where the defendant pleads guilty to the original charge, in return for a more
lenient sentence.
Before a trial, it is possible for the accused to be released on bail, meaning they are allowed
temporary release while they are awaiting their trial. The custody officer may refuse bail if the
accused's name and address cannot be established. There are two types of bail, the first being
unconditional. This is where the court imposes no conditions except to attend court as required. The
second is conditional bail where the court imposes conditions that the defendant must agree to before
being released such as curfew or no contact with a certain person. A magistrate is able to grant bail
due to the Bail Act of 1976 however they can also have someone remanded to custody too, this is
where the court refuses bail or the defendant breaches the conditions. The court may refuse bail if the
defendant has previously been denied bail, they are likely to commit an offence while on bail or if they
have been charged with a serious offence.
Within England and Wales, there are two broad types of criminal courts. The first is the courts of the
first instance where the case is originally held, these could be either magistrate’s court or the crown
court. Then there are appellate courts where appeals are heard, these could be at either the supreme
court or the court of appeals. After the pre-trial phase, if the defendant pleads not guilty, the
magistrates will either choose a date for the defendant to appear in the magistrate’s court for trial or if
it is an indictable offence, send the case to be heard in the crown court. Over 95% of all criminal
cases are heard in the magistrate’s court. This is because they deal with less serious offences. The
Magistrates court sits with three magistrates who are known as lay people, these are members of the
community who have no legal qualifications. However, they are assisted by a clerk of the court, who
has legal qualifications. The clerk will help advise the magistrates on points of the law. It is the role of
the magistrates to decide whether the accused is guilty or not. If they are found guilty the magistrates
have the power to impose fines of up to £5000 and/or 6 months in prison. Once you are convicted of
an offence in the magistrate’s court you have the right to appeal against either your conviction or your
sentence. As long as you appeal within 21 days of being sentenced, your appeal is heard as a re-trial
in the crown court by a judge and two magistrates. The court can then decide either to uphold or
dismiss the conviction or reduce or increase the sentence. If the appeal is won, it may mean you are
entitled to compensation. However, if you lose you may then have to pay costs.
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