3.1- explain the role of agencies in social control Flashcards
Police - philosophy
Summed up by Sir Robert Peel, who in 1829 founded the Metropolitan police, the first modern professional police force in Britain. Peel states the basic mission of the police is to prevent crime and disorder, the polices ability to perform their duties depends on the publics cooperation and approval, the use of physical force is a last resort, the polices duty is to impartially serve the law, the police are the public and the public are the police, police are just citizens in uniform upholding the law.
Police - aims and objectives
To keep the peace and maintain order, protect life and property, prevent , detect and investigate crime and bring offenders to justice. They have specific legal powers to stop, question, search, arrest detain in a police station and interview a member of the public in relation to a crime.
Police - funding
In 2020, 21 the total police budget was £15.2 billion, this comes from about 2/3 from central government, most of the rest comes from local council tax and a small amount comes from charging for services such as policing football matches. Polices funding fell by 19% between 2010 and 2018, this led to a fall in 20,000 in police numbers during the same period, by 2020 there 123,000 police officers in England and Wales.
Police - working practices
Nationally and local reach consists of 39 regional police forces in England and four in Wales, the Metropolitan police, South Wales police. One police force for Scotland and one for Northern Ireland. The police deal with virtually all types of offence and offender, some specialist law enforcement agencies do deal with certain kinds of crime and criminal (HM revenue and customs deal with tax evasion and tax fraud). Most police have genral duties with patrolling a particular area, working with local community etc.
Police - specialist policing
Departments with specialist duties, include the work of detectives in CID, fraud and drugs squad, and special branch. Found in most police forces: other units may include covert operations, surveillance teams, traffic and mounted police, air support, river police. They use unarmed policing, generally, special constables (undergo same training and have same legal powers), police community support officers have more limited powers, often dealing with anti-social behaviour on the streets and police and crime commissioners (elected representatives of the people of the area covered, set local forces policing priorities and budget).
CPS - aims and objectives
Set up in 1986 under the Prosecution of Offences Act 1985, took over prosecuting role from the police because there was risk of bias in allowing the police to both investigate and prosecute case. Police still prosecute minor cases but the CPS advise the police in their investigations and lines of enquiry, independently assess the evidence submitted to it by the police and keep cases under continuous review, decides whether to prosecute and if so, what charges should be brought, prepares the prosecution case and presents it in court, using its own layers and self- employed specialists, it assists, informs and supports victims and prosecution witnesses.
CPS - philosophy and values
Independence and fairness, honesty and openness, treating everyone with respect, behaving professionally and striving for excellence and equality and inclusion.
CPS - funding
Most comes from government, with a budget of around half a billion pounds per year, in addition the CPS recovers some of its costs when the courts award costs against defendants, as well as recovered assets confiscated from criminals. CPS has suffered significant funding cuts, in 2018, head of CPS reported that its budget had fallen by 25% and it had lost a 1/3 of its staff.
CPS - working practices
Except for very minor offences, CPS deals with full range of offences and criminals, deals with serious cases. CPS is a national body throughout England and Wales, with 14 regional area teams prosecuting cases locally, each headed by a Chief Crown prosecutor and works closely with local police forces and other criminal justice partners. CPS direct is virtual 15th area provides decisions to police nationwide, all day and year. Head of CPS is Max Hill.
CPS - decisions to prosecute
The evidential test (satisfied with amount of evidence for a realistic prospect of convicting the suspect, decide if evidence is admissible, reliable and credible). The public interest test (ask particular questions regarding the public, like how serious, harm to victim, age) and the threshold test (reasonable enough grounds to believe suspect is guilty and that further evidence can be obtained or it is serious enough for immediate charging, too risky for bail).
Judiciary - philosophy
Lay down standards for judges’ ethical conduct. Judicial independence, impartiality, integrity, propriety, ensuring equal treatment and competence. Judges swear oath: oath of allegiance and judicial oath (treat people equally, with impartiality and according to law).
Judiciary - aims and objectives
To interpret and apply the law to the cases that come before it in courts: Crown court: judge must manage the trial, ensuring fairness to all parties, explain legal issues and procedures to members of the jury, summing up the evidence and passing sentences. In appeal courts: judges make rulings on the appeals and that come before from lower courts, creating precedents.
Judiciary - funding
Based on advice of an independent body: Senior Salaries Review body, makes recommendations to Prime Minister and Lord Chancellor on how much judges should be paid. For example in 2020 the most senior judge, the Lord Chief Justice received £262,000 while district judges earned £112,000. Judges are well paid in most peoples standards, some senior lawyers can earn more than judges: some experiences barrister working in commercial law earn in excess of £1m.
Judiciary - working practices
Importance of maintaining their independence so they can uphold law and defend rights of citizens; they have security of tenure (cannot be removed from office expect by a petition to the Queen passed by both Houses of Parliament, their salary is guaranteed. Deals with all types of offence and offender, except for least serious cases, which is dealt by magistrates or by police. National and local reach, at senior level, supreme court has nationwide jurisdiction and settles points of law and national importance, judges working in lower courts handle local cases.
Prisons - philosophy
‘Preventing victims by changing the lives of offenders’.