Criminal Justice System
Actors
Important to know about the criminal justice system, It is a product of our society. A way for society
to declare what is not appropriate. It is there to punish wrong doers and to grant justice.
For the criminal justice system there must be a crime of some form. Crimes that fall under the remit
of criminal law can take a range of different forms e.g. assault all the way through to things like
companies that may break environmental regulations. The remit of criminal law is very broad.
Police
Over half of all crimes in England and wales are even reported. Police can be perceived as unable to
do anything or the offense too trivial.
Of the crimes that are reported 4/5ths are investigated and potentially prosecuted on the onus of the
individual. The other 1 fifth are reported or discovered by the police themselves.
They are tasked with investigating offenses, although they don’t always do so. The police have a great
deal of discretion in their functions they have the ability to decide whether and how to investigate
crimes. They may choose not to investigate because they feel the claims are false or not worth their
time or they may not have the resources. This can negatively affect the way people view the police. If
a victim or witness comes forward and the police take no action they are unlikely to do so again.
Meaning crimes or criminals may go unpunished. And if they lack the resources like a lack of officers
it may lead to crimes going unpunished.
Policing is the first interaction people have with the system, negative interactions can hurt individuals
ability or will to seek justice. Half of all incidents reported as crimes to the police are not reported as
such as evidence can be unconvincing or evidence can be lacking. Of those that are recorded as
crimes police only trace 28% to an offender. Of those the most common is when the victim
themselves actually sees the offender. E.g. assault can be more successfully detected than a burglary.
One a crime has been reported, investigated and a suspect identified. The police will bring the
suspect in for questioning this can be trough a voluntary interview where the police ask the suspect
to come down and they do so of their own free will or through arresting the suspect in connection to
the crime. Typically a police officer must inform the individual why they are under arrest otherwise
the arrest may be deemed unlawful.
Regardless of whether they are questioned voluntarily or under arrest they will be provided with the
following caution. “You have the right to remain silent but it may harm your defence if you do not
mention when questioned something you later rely on in court. Anything you do say may be given in
evidence” It is important as it mentions that if facts or not mentioned then the court may draw an
inference from the silence. This means that the suspect may not be believed if they give an account
later because it may be felt they made it up or did not want it to be the subject of police scrutiny.
Once arrested the suspect must be informed they have the right to free independent legal advice.
This means they can speak to a solicitor by phone and when questioned the solicitor will attend the
questioning.
,There are 3 different types of advice that a solicitor may give
1) Answer the police questions and give an account. This allows them the opportunity to
submit a defence or admit an offence.
2) Provide a written statement this is often the case if they are vulnerable.
3) Exercise the right of silence
After the interview a choice can be made by the police. they can for minor offences they charge
the individual or if it is a more serious offence they have to defer to the crown prosecution
service.
The choices the police can make are
Refuse charge – They may have decided the individual was not involved or there was insufficient
evidence and do not take the case any further.
Issue a bail for further investigation – They may not have enough evidence or not be prepared to
charge the induvial with the offence at the time so they will give the individual a time to return
to the police station.
Issue a diversion – E.g. a caution
Charge the induvial – Typically this will be made with the crown prosecution service. If the
decision is to charge there will be a choice to grant bail or not. Bail allows the suspect to leave so
long as they agree to return for their trial at a later date.
A custody sergeant will decide if they will grant bail and if there are any conditions e.g. not to
contact the victim. If there is a concern the suspect will not attend court or will interfere with
witnesses then they may choose to keep the defendant in custody and not issue bail.
Crown Prosecution Service
The crown prosecution service will decide whether and what to charge the defendant with. The CPS
will represent the state against individuals who have been charged with criminal offences. The CPS is
relatively new and established under the Prosecution of offenses act 1985 and prior to this it was
the police who decided this.
There was complaints about the polices doing this and these where –
- Fairness and impartiality in the police making these calls. The police who investigated the
case may not be relied upon to make a fair decision on whether it satisfied the elements of
the offence.
- Inconsistences between forces and the standards they were using to prosecute.
- The police allowed too many weak cases to come to court which resulted in a high
percentage of judge directed acquittals.
,Look to 2 areas to prosecute an offence these are
- Evidential They have an objective assessment of the evidence. I there a realistic prospect of
conviction. This means that an impartial jury or bench of magistrates are more likely to
convict the defendant.
- Public Interest. Is a prosecution in the public interest. The CPS will look at the severity of the
offence and the harm caused to the victim and the impact on the community.
If the decision is to charge then the next step is to look at where the case will be heard.
Courts
In the UK there are 2 courts of first instance for criminal cases these are the magistrates court
and the crown court.
Magistrates court
- Where most criminal cases will be heard and determined 94%.
- There will be a panel or 3 magistrates typically or a district judge. They are volunteers with
no formal legal qualifications but the power to determine the rulings of law and the findings
of fact.
- Typically there will be an experienced chair and 2 wingers assisted by a qualified legal
advisor.
- Trials are much quicker and less formal than the crown court.
Crown Court
- There’s a Judge who will give directions as to what the law is
- There is also a Jury who will determine the facts and if they are made out.
- There are 12 Jury members aged 18-75 on the electoral roles, residents of the UK for at least
5 years, without a mental disorder and cannot be disqualified for any other reasons such as
conflict of interest.
- If a guilty verdict is found then the judge will determine the sentence.
The first appearance of the defendant will be in the magistrates court and where the case
finishes will depend on the classification of the offences. The determination of the court will
occur after the first hearing and the first hearing is where the defendant will plead guilty or not
guilty.
, The decisions on where the case will be heard depend on the type of offence committed. There
are three different types –
Summary offences –
Usually in the magistrates court.
Offences which carry a maximum sentence of 6 months imprisonment or a fine.
E.G. Common assault under the Criminal Justice Act 1998 traffic violations and public disorder.
Triable either way -
Can be heard in either court
Will typically require a determination of seriousness of the offence and potential sentence.
E.G. Burglary under the Theft Act 1968 or low level drug dealing.
Triable on Indictment Only –
Usually Crown court
Includes all common law offences unless statute has intervened.
E.G. Rape, Murder etc
Introduction to the Criminal Justice system part 2.
The Trial Process
Trial process in the UK is quite slow however most cases in the UK will not be dealt with through a
full adversarial trial. Most resort to some sort of pleading so there is no need to have a full trial. Due
to the pressure on the criminal justice system, the pleading is seen as a beneficial approach.
There are often benefits for a defendant to plead guilty early. They can often get a reduced sentence,
if they plead guilty they can get up to 1/3 of their sentence or potentially get access to interventions
that keep them out of prison all together. Average prison sentences are on average 1/3 less than
those who are convicted after a trial.
There can be issues such as innocent defendants pleading guilty straight away to lesser crimes which
they did not commit rather than risking a court hearing for a worse crime. Or a defended may plead
guilty to a lesser crime in order to avoid being charged for a more serious crime they are guilty of.
Actors
Important to know about the criminal justice system, It is a product of our society. A way for society
to declare what is not appropriate. It is there to punish wrong doers and to grant justice.
For the criminal justice system there must be a crime of some form. Crimes that fall under the remit
of criminal law can take a range of different forms e.g. assault all the way through to things like
companies that may break environmental regulations. The remit of criminal law is very broad.
Police
Over half of all crimes in England and wales are even reported. Police can be perceived as unable to
do anything or the offense too trivial.
Of the crimes that are reported 4/5ths are investigated and potentially prosecuted on the onus of the
individual. The other 1 fifth are reported or discovered by the police themselves.
They are tasked with investigating offenses, although they don’t always do so. The police have a great
deal of discretion in their functions they have the ability to decide whether and how to investigate
crimes. They may choose not to investigate because they feel the claims are false or not worth their
time or they may not have the resources. This can negatively affect the way people view the police. If
a victim or witness comes forward and the police take no action they are unlikely to do so again.
Meaning crimes or criminals may go unpunished. And if they lack the resources like a lack of officers
it may lead to crimes going unpunished.
Policing is the first interaction people have with the system, negative interactions can hurt individuals
ability or will to seek justice. Half of all incidents reported as crimes to the police are not reported as
such as evidence can be unconvincing or evidence can be lacking. Of those that are recorded as
crimes police only trace 28% to an offender. Of those the most common is when the victim
themselves actually sees the offender. E.g. assault can be more successfully detected than a burglary.
One a crime has been reported, investigated and a suspect identified. The police will bring the
suspect in for questioning this can be trough a voluntary interview where the police ask the suspect
to come down and they do so of their own free will or through arresting the suspect in connection to
the crime. Typically a police officer must inform the individual why they are under arrest otherwise
the arrest may be deemed unlawful.
Regardless of whether they are questioned voluntarily or under arrest they will be provided with the
following caution. “You have the right to remain silent but it may harm your defence if you do not
mention when questioned something you later rely on in court. Anything you do say may be given in
evidence” It is important as it mentions that if facts or not mentioned then the court may draw an
inference from the silence. This means that the suspect may not be believed if they give an account
later because it may be felt they made it up or did not want it to be the subject of police scrutiny.
Once arrested the suspect must be informed they have the right to free independent legal advice.
This means they can speak to a solicitor by phone and when questioned the solicitor will attend the
questioning.
,There are 3 different types of advice that a solicitor may give
1) Answer the police questions and give an account. This allows them the opportunity to
submit a defence or admit an offence.
2) Provide a written statement this is often the case if they are vulnerable.
3) Exercise the right of silence
After the interview a choice can be made by the police. they can for minor offences they charge
the individual or if it is a more serious offence they have to defer to the crown prosecution
service.
The choices the police can make are
Refuse charge – They may have decided the individual was not involved or there was insufficient
evidence and do not take the case any further.
Issue a bail for further investigation – They may not have enough evidence or not be prepared to
charge the induvial with the offence at the time so they will give the individual a time to return
to the police station.
Issue a diversion – E.g. a caution
Charge the induvial – Typically this will be made with the crown prosecution service. If the
decision is to charge there will be a choice to grant bail or not. Bail allows the suspect to leave so
long as they agree to return for their trial at a later date.
A custody sergeant will decide if they will grant bail and if there are any conditions e.g. not to
contact the victim. If there is a concern the suspect will not attend court or will interfere with
witnesses then they may choose to keep the defendant in custody and not issue bail.
Crown Prosecution Service
The crown prosecution service will decide whether and what to charge the defendant with. The CPS
will represent the state against individuals who have been charged with criminal offences. The CPS is
relatively new and established under the Prosecution of offenses act 1985 and prior to this it was
the police who decided this.
There was complaints about the polices doing this and these where –
- Fairness and impartiality in the police making these calls. The police who investigated the
case may not be relied upon to make a fair decision on whether it satisfied the elements of
the offence.
- Inconsistences between forces and the standards they were using to prosecute.
- The police allowed too many weak cases to come to court which resulted in a high
percentage of judge directed acquittals.
,Look to 2 areas to prosecute an offence these are
- Evidential They have an objective assessment of the evidence. I there a realistic prospect of
conviction. This means that an impartial jury or bench of magistrates are more likely to
convict the defendant.
- Public Interest. Is a prosecution in the public interest. The CPS will look at the severity of the
offence and the harm caused to the victim and the impact on the community.
If the decision is to charge then the next step is to look at where the case will be heard.
Courts
In the UK there are 2 courts of first instance for criminal cases these are the magistrates court
and the crown court.
Magistrates court
- Where most criminal cases will be heard and determined 94%.
- There will be a panel or 3 magistrates typically or a district judge. They are volunteers with
no formal legal qualifications but the power to determine the rulings of law and the findings
of fact.
- Typically there will be an experienced chair and 2 wingers assisted by a qualified legal
advisor.
- Trials are much quicker and less formal than the crown court.
Crown Court
- There’s a Judge who will give directions as to what the law is
- There is also a Jury who will determine the facts and if they are made out.
- There are 12 Jury members aged 18-75 on the electoral roles, residents of the UK for at least
5 years, without a mental disorder and cannot be disqualified for any other reasons such as
conflict of interest.
- If a guilty verdict is found then the judge will determine the sentence.
The first appearance of the defendant will be in the magistrates court and where the case
finishes will depend on the classification of the offences. The determination of the court will
occur after the first hearing and the first hearing is where the defendant will plead guilty or not
guilty.
, The decisions on where the case will be heard depend on the type of offence committed. There
are three different types –
Summary offences –
Usually in the magistrates court.
Offences which carry a maximum sentence of 6 months imprisonment or a fine.
E.G. Common assault under the Criminal Justice Act 1998 traffic violations and public disorder.
Triable either way -
Can be heard in either court
Will typically require a determination of seriousness of the offence and potential sentence.
E.G. Burglary under the Theft Act 1968 or low level drug dealing.
Triable on Indictment Only –
Usually Crown court
Includes all common law offences unless statute has intervened.
E.G. Rape, Murder etc
Introduction to the Criminal Justice system part 2.
The Trial Process
Trial process in the UK is quite slow however most cases in the UK will not be dealt with through a
full adversarial trial. Most resort to some sort of pleading so there is no need to have a full trial. Due
to the pressure on the criminal justice system, the pleading is seen as a beneficial approach.
There are often benefits for a defendant to plead guilty early. They can often get a reduced sentence,
if they plead guilty they can get up to 1/3 of their sentence or potentially get access to interventions
that keep them out of prison all together. Average prison sentences are on average 1/3 less than
those who are convicted after a trial.
There can be issues such as innocent defendants pleading guilty straight away to lesser crimes which
they did not commit rather than risking a court hearing for a worse crime. Or a defended may plead
guilty to a lesser crime in order to avoid being charged for a more serious crime they are guilty of.
