AC 3.1-explain the role of agencies in social control Flashcards
Who summed the philosophy of the police and what year?
Sir Robert Peel-1829
What are the five philosophies of the police according to Sir Robert Peel?
1) The basic mission of the police is to prevent crime and disorder
2) The police’s ability to perform their duties depends on the publics cooperation and approval
3) The use of physical force is a last resort
4) The police’s duty is to impartially serve the law
5) The police are the public and the public are the police (meaning police must also uphold the law)
What does the Police Code of Ethics state?
Police are public servants who need to maintain the respect and support of the public in order to perform their duties
What are the four aims and objectives of the police?
1) Keep peace and maintain order
2) Protect life and poverty
3) Prevent, detect and investigate crime
4) Bring offenders to justice
What specific legal powers do the police have under the Police and Criminal Evidence Act 1984?
They have the legal power to stop, question, search, arrest, detain in a police station and interview a member of the public in relation to the crime
What three sources provided the £15.2 billion police budget in 2020/21?
1) Two thirds comes from central government
2) Most from local council tax
3) Small amount comes charging for services such as policing football matches
By how much did the funding fall between 2010-2018 and what were the consequences for the police?
19%
This led to 20,000 less officers and by 2020 there were only 123,000 officers throughout England and Wales by 2020
What are the four working practises of the police?
1) National and local search
2) Types of criminality and offender
3) Police duties
4) Specialist policing
For the national and local reach, how many regional police forces are there in England and Wales? Give an example of two
39 regional police forces eg. the Metropolitan Police and South Wales Police
What other specialist police organisations are there in the UK apart from the Met police?
National Crime Agency
British Transport Police
Border Force
For the types of criminality and offenders, what specialist law enforcement agency deals with certain types of crime and criminals? (police)
HM Revenue and Customs deals with tax evasion and tax fraud
What are the six police duties?
1) Patrolling a particular area
2) Working with the community
3) Responding to publics calls for assistance (both routine and emergency)
4) Securing crime scenes
5) Gathering evidence from witnesses
6) Apprehending offenders
For specialist policing, what are the three most common departments in police forces?
1) Criminal Investigations Department (CID)
2) Fraud and drugs squad
3) Special Branch
For specialist policing, what are the six less common specialist units?
1) Covert operations and surveillance teams
2) Traffic and mounted police
3) Air support
4) River police
5) Underwater search teams
6) Dog handler units
What other policing specialists operate nationally as part of the National Crime Agency?
Child exploitation and online protection (CEOP)
What is unarmed policing and how does this reflect Peels philosophy?
When the police don’t carry weapons on themselves
Reflects Peels philosophy that the use of force should be used as a last resort in upholding the law
What are special constables? (police)
Unpaid, part time volunteers who undergo the same training and have the same legal powers as paid officers
What are Police Community Support Officers (PCSO’s)? Give an example
PSCO’s work in neighbourhood policing teams to deal with/prevent crime
They have limited powers when dealing with anti social behaviour eg. can only issue fixed penalties for littering
They may also ask an officer to arrest someone
What are the Police and Crime Commissioners (PCC’s)?
Elected representatives of people in area covered by a police force which give the local population a voice in policing by being directly accountable to the electorate
What are the Police and Crime Commissioners (PCC’s) aims?
To cut crime and ensure efficient and effective policing
What is the CPS?
The CPS prosecute criminal cases that have been investigated by police and other investigative organisations in England and Wales
When was the CPS established?
It was set up in 1986 under the Prosecution of Offences Act 1985
Why did the CPS take over the prosecuting role from the police?
There was a risk of bias in allowing police to investigate and prosecute cases
What are the five philosophy and values of the CPS?
1) Independence and fairness (prosecuting without bias)
2) Honesty and openness
3) Treating everyone with respect
4) Behaving professionally and striving for excellence
5) Equality and Inclusion
What are the five aims and objectives of the CPS?
1) Advise police in investigations about lines of inquiry and evidence needed to build a case
2) Independently assesses evidence submitted by police
3) Decide whether to prosecute and if so what charges should be given
4) Prepare prosecution cases and present it in court
5) Assist, inform and support victims and prosecution witnesses
Where does the funding for the CPS come from and what is their budget?
Most comes from the government, the rest is recovered when courts award costs against defendants with about half a billion pounds per year
By how much did the funding fall in 2018 and what were the consequences for the CPS?
25%
The CPS had lost a third of its staff which let to concerns of poor/less effective performances
What are the two working types for the CPS?
1) Types of criminality and offender
2) National and local reach
What type of criminality does the CPS deal with?
Some very minor offences, but typically takes responsibility for all serious cases
How many regional area teams prosecute cases locally for the CPS?
14
Who is the CPS headed by and what is their role?
The Chief Crown Prosecutor works closely with local police forces and other criminal justice partners
When the CPS decides whether or not to prosecute a case, what two tests are used?
1) The evidential test
2) The public interest test
What is the evidential test? (CPS)
Prosecutors are satisfied in that there is enough evidence for a realistic prospect of convicting a suspect
The prosecution cannot proceed if the evidential test fails which three factors?
The evidence isn’t admissible, credible and reliable
What is the public interest test? (CPS)
The next step deciding whether the prosecution is in the public interest
What seven factors must be considered for the public interest test? (CPS)
1) How serious is the offence?
2) What is the suspects level of culpability (blame)?
3) What harm has the victim suffered?
4) The suspects age and maturity
5) What is the impact of the offence on the community?
6) Is prosecution a proportionate response to the offence?
7) Do information sources require protecting?
If there is not enough evidence available for an immediate prosecution, what test should be taken? (CPS)
The threshold test
In which two cases does the CPS apply the threshold test?
1) There are reasonable grounds to believe the suspect is guilty and that further evidence can be obtained later to secure a conviction
2) The offence is serious enough to justify immediate charging
What are the six principles (philosophies) for the judiciary as stated by the Guide to Judicial Conduct 2016?
1) Judicial independence-judges are free from government interference in decision making
2) Impartiality-not showing favour to one side over the other
3) Integrity-being honest with strong morals
4) Propriety-upholding society’s accepted standards of behaviour and morals
5) Ensuring equal treatment
6) Competence-knowledge and ability to do job
What two oaths do the judges swear on? (judiciary)
1) The oath of allegiance-loyalty to the queen, her heirs and successors
2) The judicial oath-to ‘do right to all manner of people’ (treat everyone equally)
What are the two aims and objectives of the judiciary?
1) In the crown court the judge must manage the trial, ensuring fairness to all parties, explain legal issues and procedures to members of the jury, sum the evidence and pass sentencing if there’s a guilty verdict
2) In the appeal courts judges make rulings on the appeals coming from the lower courts
What is the pay of the judiciary based on?
Based on advice of an independent body (Senior Salaries Review Body) which makes recommendations to the prime minister and Lord Chancellor on how much judges should make
In 2020, what did the Lord Chief Justice receive compared to district judges? (judiciary)
£262,000 compared to £112,000
What are the two working types for the judiciary?
1) Types of criminality and offender
2) National and local reach
Since judges reflect the importance of maintaining their independence to uphold the law and defend citizen rights, what two privileges do they receive?
1) Security of tenure-they cannot be removed from the office unless a petition is passed through the Houses of Parliament to the Queen
2) Their salary is guaranteed
Has a judge been previously removed from the office? (judiciary)
Only once, 1830, removal of corrupt judge
What types of criminality and offenders do the judiciary deal with?
The least serious cases are dealt by the magistrates and cautions are handled by the police
The judiciary deal with more serious cases
What is the national and local reach of the judiciary?
The Supreme Court has a nationwide jurisdiction and settles points of law of national importance
Those working in inferior courts (crown courts) handle the local cases
What is the philosophy of prisons?
Preventing victims by changing the lives of the offender
What are the three aims and objectives of prison services?
1) Protect the public from harm
2) Help people who have been convicted of offences to rehabilitate so they can contribute positively to society
3) Hold prisoners securely and implement sentences and orders of the courts
How are prisons paid for?
By the government out of general taxation
By how much did the funding fall in 2018 and what were the consequences for the prisons?
The budget in 2018 was £3 billion which was 16% lower than in 2010
This has led to staffs cuts with a 15% fall of officers
By 2020 a third of staff had less than three years experience
What was the average cost of keeping a prisoner in a public sector prison in 2019?
£41,136 per year or £42,591 per year for private prisons
How many prisons were there in 2019 and how many prisoners could be held at one time?
121 prisons which held around 80,000 at one time
Of the 121 prisons, how many were public sector prisons and who were they run by?
106 run by the government
Of the 121 prisons, how many were private prisons and who were they run by?
15 run by three private companies
Which three companies ran the private prisons?
Sodexo, G4S and Serco
Why was G4S stripped of its private prison name and made into a public sector?
It was stripped of its name due to the failings of the prison leading to one of Britain’s worst riots in 25 years (in 2016)
What types of criminality and offenders do the prisons deal with?
Deal with high risk offenders deemed unsuitable to serve their sentence in the community
What is the national and local reach for prisons?
Prisons are nationally organised, however a prisoner is first placed in a local prison and given a security classification based on a risk assessment
How many categories of prisons are there and what are they?
4-A, B, C, D
What prison type is category A? Give an example of the location of the prison
Closed
Belmarsh, Wakefield, Manchester
What prison type is category B? Give an example of the location of the prison
Closed
Pentonville, Wandsworth
What prison type is category C? Give an example of the location of the prison
Closed
Birmingham, Dartmoor, Ashfield
What prison type is category D? Give an example of the location of the prison
Open
Ford, Kirkham, Askham, Grange
What is the risk assessment for category A prisons?
Those who escape would be highly dangerous to the public eg. those convicted of murder, terrorism etc
What is the risk assessment for category B prisons?
Do not require maximum security, but escape still needs to be made very difficult eg. those convicted of threat of arson, sexual offences, firearms etc
What is the risk assessment for category C prisons?
Cannot be trusted in the open community but have neither the resources nor the will to make an escape attempt
What is the risk assessment for category D prisons?
Can be reasonably trusted not to try to escape eg. those convicted of a nonviolent crime/a drug crime/fraud
When a prisoner is placed onto an escape list, what are the four things that must be done?
1) Must be handcuffed
2) Must wear bright yellow clothing when moved
3) Must change cells frequently
4) Must have their clothes and some personal belongings removed from their cell before being locked at night
What have prisons been criticised for lacking?
Lack of opportunities for education, training and work experience
Why may there be a lack of useful activities for prisoners?
Due to the staff cuts of officers-fewer available to supervise prisoners undertaking activities
What are incentives and earned privileges (IEPs)? (prisons)
Rewards that are given when a prisoner follows the rules
What are the three levels for IEP’s? (prisons)
Basic, Standard, Enhanced
Upon entering prison, what IEP level is the prisoner placed on and what does that allow them to do?
The standard level allows prisoners to spend more of the money they earn
If a prisoner misbehaves, what IEP level are they reduced to and what does that allow them to do?
The basic level allows prisoners to only have the minimum of what the law says they must have eg. limited number of visits
If a prisoner is good, what IEP level are they upgraded to and what does that allow them to do?
The enhanced level allows them to have additional privileges eg. having a tv in their cell
What is the national probation service (NPS)?
A statutory criminal justice service that supervises high risk offenders released into the community and provides statutory support to victims of serious sexual or violent crime
What are the three ethical principles (philosophies) of the NPS?
1) Offenders can change for the better and become responsible members of society
2) Belief in the worth and dignity of the individual
3) Commitment to social justice, social inclusion, equality and diversity
What are the aims and objectives of the NPS?
Protect the public by rehabilitating offenders
What two clients does the NPS support?
1) Offenders serving a sentence in the community
2) Offenders who have been released on licence from prison
What three requirements do offenders serving a community sentence need to accomplish according to the NPS?
1) Do up to 300 hours unpaid work
2) Have a curfew or residency requirement
3) Have a group programme eg. for anger management
