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criminal justice system part1

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  • English legal system
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  • English Legal System

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.

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  • July 6, 2020
  • 8
  • 2018/2019
  • Class notes
  • Unknown
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  • english legal system

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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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