Past paper questions & answers 2017-22

Question 1

2017 - 1a) Identify 2 of the personnel involved in the criminal justice system that a defendant may encounter before conviction. 2 marks

Answer 1

• Police.
• Courts.
• Barristers, solicitors and judges.
• Lay people - magistrates & juries.
• Probation service.
• Prison officers.

Question 2

2017 - 1b) With reference to the text, outline the limitations faced by the prison service in England and Wales. 4 marks

Answer 2

• Financial restraints – cost per prisoner and limited government funding.
• Overcrowding – no of prisoners and facilities available - 91% rise in prison pop over the past 20 yrs. March 2015, 70 out of 117 prisons in England and Wales
  were overcrowded.
• Shortage of staff – inability to staff, resulting in prolonged periods of confinement. The no of staff employed, fallen by 29% in the last four yrs.
• Recidivism rates – re-offending rates and lack of rehabilitation of prisoners. Almost half of adults
  re-convicted within one yr of release.

Question 3

2017 - 1c) Explain why imprisonment acts as an external form of social control. 4 marks

Answer 3

• Threat of imprisonment acts to persuade or compel/coerce members of society to conform to the rules.
• Fear of punishment/possible imprisonment may deter people from offending.
• Idea of a loss of liberty may ensure social control.
• Possibility of a substantial term of imprisonment may deter people from committing serious crimes.
• Fear of the consequences of a prison sentence in future life, such as loss of employment, may act as a social control mechanism.

Question 4

2017 - 1d) Describe the relationship of the prison service with other agencies in the criminal justice system. 7 marks

Answer 4

• Prison Service and the courts - prisoners must be brought to and from the court when hearings are listed so administration and communication between the two are important. Prisoners would be held in court cells pending their court hearing and return to prison.
• Prison Service and the police - prisoners are held locally once arrested, transported to prisons if a remand into custody has been ordered by the courts. Police would
  arrest a prisoner recalled whilst on probation and ensure return to prison.
• Prisons and lawyers – lawyers may seek visits to prisons for legal consultations.
• Prison and the judiciary - it is the judge who sets a term of imprisonment, including the length, type and whether it is concurrent or consecutive.
• Prison Service and the probation service - liaison and preparation between the two agencies when prisoners are released, overseeing prisoner once released if on licence or parole, liaison between the two should there be any issues and recall to prison is appropriate.

Question 5

2017 - 1e) Evaluate the effectiveness of social control inside prisons. 8 marks

Answer 5

Positive effects:
- Protection of society
- Prevention of crime
- Rehabilitation of offenders
- Reparation to society
- Education/training of offenders
Negative effects:
- Criminal offences are committed e.g. whilst in prison which suggests that social control might not be achieved.
- Disturbances in prisons e.g. HMP Birmingham riots in 2016 or riot at HMP Oakwood in 2014.
- Significant rise in prison disturbances and callouts of the National Tactical Response group (prison’s anti-riot squad).
- Serious attacks within prison are at a record high.
- Attacks on prison officers.
- Use of prohibited drugs and their availability within prisons.
- Literacy and numeracy ages. Government proposals to
release early if prisoners improve their skills.

Question 6

2017 - 2a) Outline the process used by the government for making laws such as The Theft Act 1968. 3 marks

Answer 6

• Collection of proposals through consultation, e.g. Green
  Paper and White Paper.
• Bill enters Parliament and proceeds through both the House of Commons and the House of Lords.
• Various stages involving debates and voting takes place e.g. First Reading, Second Reading, Committee Stage etc.
• Royal Assent given to enable the Bill to become law.

Question 7

2017 - 2b) Describe the role of the judge in a Crown Court trial. 4 marks

Answer 7

• The system is adversarial, which means that the parties run their cases, with the judge acting as referee.
• The judge has to ensure, that the jury understands the evidence and the issues.
• The judge will deal with any points of law that have to be decided and will advise the jury on how to apply the law to whatever facts they find.
• The judge will advise the jury on procedure and will explain their duties.
• The judge will ensure a fair trial
• The judge will pass sentence if the defendant is found guilty.
• Under the Criminal Justice Act 2003, it is possible for a judge to sit alone, without a jury, to determine a verdict.

Question 8

2017 - 2c) Assess how two forms of punishment meet their aims. 5 marks

Answer 8

• Imprisonment & rehabilitation - comments on
  re-offending rates, training programmes, use of examples such as legal cases, particular offences or statistics in support of answer. Differences between long and short custodial sentences.
• Community sentences & rehabilitation - sentence can be a combination of requirements tailored to meet offender’s needs e.g. unpaid work or curfew. This can address particular aspects of sentencing or particular offences such as curfew to prevent night-time burglaries. May include treatment programme to deal with anger control, drug or alcohol abuse. Use of examples such as legal cases, particular offences or statistics in support of answer.
• Suspended sentence & deterrence - a period of
  imprisonment suspended by up to two years, possibility of prison if re-offending takes place may prevent the individual from further offending. Use of examples such as legal cases, particular offences or statistics in support of answer.
• Imprisonment & retribution - acts as a revenge for the victim and society for the wrong done, deprives offender of their liberty, e.g. mandatory life sentence for offence of murder. Use of examples such as legal cases, particular offences or statistics in support of answer.
• Fines and retribution – common punishment for minor
  offences where offender is made to pay financially for wrong doing. Limits the amount of money offenders have to spend. Use of examples such as legal cases, particular offences or statistics in support of answer. If the offence causes harm to a victim, the offender can also be required to make a compensation payment (reparation).

Question 9

2017 - 2d) Analyse the aims of the prison sentence imposed by the judge in Ian’s case. 8 marks

Answer 9

• Deterrence
  ] Criminal Justice Act 2003 actually mentions deterrence
  as an aim of punishment.
  ] Deterrence in general to send out a clear message to
  potential burglars that prison is likely as a sentence.
  ] Individual deterrence for Ian who must serve the prison
  sentence and would be likely to return to prison for future reoffending.
• Retribution
  ] Idea based on the offender’s behaviour as deserving punishment.
  ] It does not seek to alter future behaviour. ‘An eye for an eye’.
  ] Ian’s offending has adversely affected the public and now he must go to prison.
• Incapacitation or protection of the public.
  ] Punishments must serve a useful purpose for society.
  ] Whilst Ian is in prison, the public are not being affected by his criminal activity.
• Rehabilitation.
  ]A forward-looking aim with a hope that the offender’s
  behaviour will be altered and they will not re-offend.
  ]Prison would provide direction and rehabilitate him into
  society.
• Denunciation.
  ] Society expressing disapproval of criminal activity.
  ] It shows that justice is being done.
  ] It reinforces the moral boundaries of acceptable conduct and can mould society’s view. Ian, and others, are being told his behaviour is not acceptable.

Question 10

2017 - 3a) Describe two models of criminal justice. 2 marks

Answer 10

*Due process model
- The most important function of criminal justice is to provide due process, or fundamental fairness under the law.
- Criminal justice should concentrate on defendants’ rights, not victims’ rights.
-Police powers should be limited to prevent official
oppression of the individual.
* Crime control model
- The repression of crime should be the most important
function of criminal justice because order is a necessary
condition for a free society.
-Criminal justice should concentrate on promoting victims’ rights rather than on protecting defendants’ rights.
- Police powers should be expanded to make it easier to
investigate arrest, search, seize, and convict.
- Legal technicalities that restrict the police should be
eliminated.

Question 11

2017 - 3b) Describe two envrinomental measures used by agencies to achieve social control. 2 marks

Answer 11

Crime Prevention Through Environmental Design
(C.P.T.E.D.).
* Suggestion that the form and arrangements of buildings & open spaces can encourage or discourage crime.
* Promotion of reduction of opportunity to commit crimes and fostering of positive use of space.
* Reference to C Ray Jeffrey & CPTED used in numerous
countries especially America.
* Examples of design such as transparency & green areas.
* Gated lanes / alley gates – restricting access to housing and so prevent access to lanes for potential criminal activity.
* Red traffic light camera – to strengthen formal surveillance.
* Roadside checker - to alert conscience.
* Examples of uses and success of design such as changes to the New York bus terminal or Birmingham City Bull Ring market stalls.
* Gated lanes - introduction in many major towns and cities such as Glasgow, London, Liverpool and Cardiff.
* Prison design such as pentopticon, open prisons and super max designs.

Question 12

2017 - 3c) Using examples, explain what is meant by internal forms of social control. 4 marks

Answer 12

*Social control involves pressures to persuade or compel
members of society to conform to the rules.
*Internal forms - regulating own behaviour in accordance with accepted forms
* Rational ideology - such as an individual’s conscience,
feelings of guilt, anxiety or worry from within. May be a result of upbringing. For example stealing a pen from school.
* Tradition – could relate to religion or culture. For example religions which ban consumption of alcohol or Christians eating red meat on Good Friday.
* Internalisation of social rules and morality –knowing what is right or wrong based upon social values. For example queue jumping or failing to return excess change.

Question 13

2017 - 3d) Explain the role of the police in social control. 6 marks

Answer 13

*Divided into force areas and managing own budgets.
* Monitor all criminal activity - respond to emergency calls.
* Provide a policing service to the community - patrols.
* Reduce crime.
* Work in partnership with other community organisations.
* Work with & support other agencies in the criminal justice system such as courts and probation service.
* Investigate crime - arrest, detain & question suspects in
accordance with legal obligations.
* Testify in court.
* Neighbourhood policing - local areas.
* Police Community Support Officers (PCSO) – support police officers with some powers.

Question 14

2017 - 3e) Discuss limitations on the police achieving social control. 7 marks

Answer 14

• Legislation and its constraints.
• Budget issues.
• Police by consent - co-operation of public required.
• Keeping up to date, e.g. rapid spread of new forms of
  communication, changes in technology and the increase in cross border criminality.
• Growing income inequality and the fragmentation of families and communities.
• Staffing issues including numbers, visibility and skills.
• Civil unrest such as London riots 2011.
• Statistics including those relating to ineffective crime
  recording and investigations
• Relationships with other agencies such as CPS or courts.
• Insufficient powers.

Question 15

2018 - 1a) Outline the role of the prison service in England & Wales. 3 marks

Answer 15

• To keep those sentenced to prison in custody, helping them lead law-abiding and useful lives, both while they are in prison and after they are released.
• To work with courts, police and local councils, as well as
  voluntary organisations, to do this.

Question 16

2018 - 1b) Describe judicial involvement in law-making. 4 marks

Answer 16

• Judicial law making or judicial precedent is law made by
  judges in the courts. When a case appears before them they
  must make a judgement and this forms the law. It must be
  followed in future cases by the courts in the hierarchy.
• Credit relevant examples such as the legal principle in
  Donoghue v Stevenson was applied in Daniels v White.
• A judge in the higher courts may also need to interpret words
  or phrases in a statute. This is known as statutory
  interpretation. A judge has a variety of rules that can be used
  to aid interpretation e.g. literal rule.

Question 17

2018 - 1c) Explain how a judge might achieve public protection by passing sentences. 5 marks

Answer 17

• A custodial sentence would protect the public as the
  defendant would be in prison and away from the public. A
  judge can give a life sentence and recommend it means life, if
  appropriate.
• A judge can pass orders requiring a defendant to adhere to a
  curfew which restricts the time they can interact in the open
  with the public.
• Electronic tagging can be seen as a restriction that could
  protect the public as it will restrict the defendant’s movement.
• Disqualifications from driving can protect the public,
  particularly where the offending involves driving.

Question 18

2018 - 1d) Evaluate the effectiveness of the police service in achieving social control. 6 marks

Answer 18

Effective
* Official statistics including recorded crime and solved crime.
* Public safety – on a daily basis from routine police work.
* Crime prevention advice.
* Targeting of certain crimes e.g. use of mobile phone whilst
driving.
* Counter terrorism work – detecting, investigating and
preventing terrorist threats and networks.
* Information from Her Majesty’s Inspectorate of Constabulary
(HMIC) who independently assesses police forces and
policing across activity from neighbourhood teams to serious
crime and the fight against terrorism.
Not effective
* Police can only investigate crimes that are reported to them
(reference to the dark figure of crime).
* Crimes not investigated can sometimes be deemed
unsolvable in a process known as ‘screening out’.
* Reference to cases from previous units such as Colin Stagg,
Stephen Lawrence, Birmingham 6 etc.
* Police involvement in the Hillsborough Disaster.
* Any examples of police activity both positive and negative. For
example ‘The Duke of York has accepted an apology from
police after he was mistaken for an intruder in the gardens of
Buckingham Palace because “sometimes they get it wrong”.

Question 19

2018 - 1e) Examine the limitations of achieving social control in prisons. 7 marks

Answer 19

• Overcrowding in prisons.
• Reduced number of prison officers.
• Finances.
• Industrial action by prison officers.
• Attacks on prison officers and rioting in prison -1990
  Strangeway riots or at HMP Oakwood in 2014.
• Rioting in HMP Birmingham (and others) in 2016.
• Significant rise in prison disturbances and callouts of the
  National Tactical Response group (prison’s anti-riot squad).
• Use of prohibited drugs and their availability within prisons.
• Record number of deaths within prisons.
• Use of information and statistics from the Prison Reform Trust
  and the Bromley Briefings Prison Fact File.

Question 20

2018 - 2a) Outline the role of the jury in a Crown Court case. 3 marks

Answer 20

• Listen to evidence including witnesses, expert evidence, written
  testimony, photographs and other exhibits.
• Make notes if so desired.
• Ask questions, via the judge.
• Listen to closing and opening speeches from barristers.
• Be advised on the law by the judge.
• Consider verdict in secret.
• Unanimous and majority verdicts possible.

Question 21

2018 - 2b) Examine how campaigns for change have highlighted limitations of agencies involved in the criminal justice system. 6 marks

Answer 21

• The campaign for Sarah’s Law highlighted the failure to inform
  parents and others concerned about the welfare of children
  about paedophiles living in an area.
• Ann Ming’s campaign to abolish the law on double jeopardy for
  murder and other serious offences highlighted limitations in the
  law. This was needed to bring justice in the case of Billy Dunlop.
• The Snowdrop campaign, following the Dunblane massacre,
  forced the government to pass new laws banning handguns
  above 22 calibre and restricting smaller calibre weapons to
  secure gun clubs.
• The campaign for Lilian’s law highlighted the inadequacies of
  the drug driving law. The new offence, brought in as a result of
  the campaign, removed the need for police to prove a
  substance impaired a person’s ability to drive.
• Bobby Turnbull’s campaign, which highlighted the limitations in
  the gun licencing laws, saw amendments to the Firearms Act
  which prevent a person who receives a suspended sentence of
  three months or more from purchasing or possessing a firearm.

Question 22

2018 - 2c) Describe how one model of criminal justice could apply to Colin’s case. 6 marks

Answer 22

• The most appropriate model for Colin’s case is the crime control
  model.
• This involves the repression of crime being the most important
  function of criminal justice because order is a necessary
  condition for a free society. Colin’s claims about the police
  action would be relevant here.
• Criminal justice should concentrate on promoting victims’ rights
  rather than on protecting defendants’ rights. This could account
  for the judge giving such a harsh sentence as, according to
  Colin, he is related to the victim.
• The criminal justice process should operate like an assembly line conveyor belt, moving cases swiftly along toward their disposition. This could account for Colin’s claim that the police
  failed to consider other suspects.
• If the police make an arrest and a prosecutor files criminal
  charges, the accused should be presumed guilty because the
  fact-finding of police and prosecutors is highly reliable. This
  could explain Colin’s claims about his case.
• The due process model with links to Colin’s case.

Question 23

2018 - 2d) Discuss retribution and rehabilitation as aims of sentencing. 10 marks

Answer 23

• Retribution - Idea based on an offender’s behaviour is deserving
  of punishment. It does not seek to alter future behaviour merely
  to inflict punishment in proportion to the offence. Let the
  punishment fit the crime. An eye for an eye. If a person’s
  offending has adversely affected the public or if the public
  requires protection then a prisoner must go to prison. For
  example an increased sentence for crimes with a racial motive.
  Retribution contains an element of revenge, in that society and
  the victim are being avenged for the wrong done. For example,
  longer prison sentences for causing death by dangerous driving
  were justified in this way. The maximum prison sentence was
  increased from 5 to 10 years for this offence in 1993, and in the
  Criminal Justice Act 2003 it was increased again to 14 years.
• Rehabilitation - A forward-looking aim with a hope that the
  offender’s behaviour will be altered and they will not re-offend.
  Prison aims to provide direction and rehabilitate prisoners back
  into society. Rehabilitative sentences can also be controversial
  since it may appear that the offender is being “rewarded” for
  committing crimes (such as “holidays” for youth offenders). This
  can cause a great deal of outrage in society. Such sentences
  are also expensive and require investment of resources. It is
  also debatable as to whether it is justifiable for the state to
  change the way people think, rather than just punish them for
  their wrongful conduct. This can be seen in community
  sentences. The abuse of drugs causes many crimes and there
  have been new punishments introduced to help rehabilitate the
  offenders. For example drug testing and treatment orders.
  Reformation is a very important element in the sentencing
  philosophy for young offenders.

Question 24

2018 - 3a) Identify how the agencies in the Ministry of Justice are funded. 1 mark

Answer 24

The agencies are government funded and are paid through
taxes.

Question 25

2018 - 3b) Explain the role of the Nation Probation Service in achieving social control. 5 marks

Answer 25

• The priority of the National Probation Service is to ‘protect the
  public by the effective rehabilitation of high risk offenders, by
  tackling the causes of offending and enabling offenders to turn
  their lives around.’
• Preparing pre-sentence reports for courts, to help them select
  the most appropriate sentence.
• Managing approved premises for offenders with a residence
  requirement on their sentence.
• Assessing offenders in prison to prepare them for release on
  licence to the community, when they will come under
  supervision.
• Helping all offenders serving sentences in the community to
  meet the requirements ordered by the courts. Probation would
  be expected to challenge offending behaviour, work towards
  positively changing an offender’s attitude, protect the public
  and work with partners to reduce re-offending.

Question 26

2018 - 3c) Assess the effectiveness of one (or more) charity in achievinhg social control. 5 marks

Answer 26

• The Prince’s Trust  it could be argued that this is an effective
  charity. It was founded in 1976 and has helped 825,000 young
  people across the U.K. It helps 13 to 30 year-olds who are
  unemployed or struggling at school to transform their lives.
  More than 3 in 4 people will achieve a positive outcome,
  moving into jobs, education and training. There are several
  initiatives including one which aims to help ex-offenders make
  a positive transition back into the community. Individual
  success stories should also be credited.
• The Howard League for Penal Reform is the oldest penal
  reform charity in the UK having been established in 1866. It
  aims for less crime, safer communities and fewer people in
  prison. It has run many successful campaigns such as’ Books
  for Prisoners’ campaign which won a charity award in 2015
  and a campaign to reduce the criminalisation of children by
  working closely with police forces in England & Wales. This
  resulted in the number of child arrests falling by 58% between
  2010 and 2015. Individual success stories should also be
  credited.

Question 27

2018 - 3d) Describe relationships between the police, the Crown Prosecution Service and the courts as a case proceeds through the criminal justice system. 6 marks

Answer 27

• The police will investigate a potential crime and liaise with the
  CPS regarding charge. The police will ensure arrested
  suspects held in police custody are brought before the courts.
  They will also arrest a prisoner recalled whilst on probation
  and ensure their return to prison.
• The CPS will advise the police during the early stages of an
  investigation. They will review cases submitted by the police
  for prosecution, prepare cases for court and present hose
  cases at court. In each case reviewed, the prosecutor will
  consider whether there is sufficient evidence and, if so,
  whether the public interest requires a prosecution
• The CPS will also carry out the advocacy for hearings in either
  the magistrates’ court or the crown court.
• All cases will start in the magistrates’ court with summary
  offences staying there for determination. Either way cases
  where trial by jury is selected and all indictable offences will
  proceed to the crown court.

Question 28

2018 - 3e) Discuss reasons why individuals abide by the law. 8 marks

Answer 28

• Internal forms of social control such as conscience, upbringing
  and family traditions may make individuals abide by the law.
• Coercion is the use of force to achieve a desired end. It may
  be physical or non-violent. For example the police and prison
  services have the power to restrict liberty of person. The
  police have rights of arrest and detention mainly under the
  Police and Criminal Evidence Act 1984. Enforced detention is
  overseen by HM Prison Service.
• Fear of punishment is inherent in deterrence where
  punishment is used as a threat to deter people from offending.
  The concept of deterrence has two key assumptions,
  individual deterrence and general deterrence. The courts will
  impose sentences to prevent people from committing further
  crimes. For example a suspended sentence or a conditional
  discharge.
• External pressures persuade or compel members of society to
  conform to their rules. The most visible form of external social
  control is exercised by people and organisations specifically
  empowered to enforce conformity to society’s laws.
• Control theory - Walter C. Reckless argued that a combination
  of internal psychological containments and external social
  containments prevents people from deviating from social
  norms.
• Travis Hirschi stresses the importance of the individual’s bond
  to society in determining conforming behaviour.
• The Police Service, the courts, the National Probation Service
  and the HM Prison Service are the most obvious agents of
  external social control.
• The Ministry of Justice introduces sentencing policies to use
  coercion and the fear of punishment to control crime. For
  example mandatory minimums such as life for murder, 7
  years for 3rd drug offence and 3 years for 3rd burglary.

Question 29

2019 - 1a i) Identify who would have found Sarah guilty in the Crown Court. 1 marks

Answer 29

The jury are responsible for the verdict of guilty.

Question 30

2019 - 1a ii) Identify who would have imposed the prison sentence. 1 mark

Answer 30

The judge would be responsible for imposing the prison
sentence.

Question 31

2019 - 1b) Describe the crime control model of criminal justice referred by Sarah’s lawyer. 4 marks

Answer 31

*This model involves the repression of crime being the most
important function of criminal justice, because order is a
necessary condition for a free society.
* It concentrates on promoting victims’ rights rather than on
protecting defendants’ rights.
* The method suggests that the criminal justice process
should operate like an assembly-line conveyor belt, moving
cases swiftly along toward their disposition.
* If the police make an arrest and the CPS brings a charge,
the accused should be presumed guilty because the factfinding of police and CPS is highly reliable.
* An example of a case, such as Colin Stagg.
* Examples of relevant areas of law may include abolition of
the double jeopardy rule and extended pre-charge
detention for terrorist suspects.

Question 32

2019 - 1c) Describe one behavioural tactic used by prisons to achieve social control. 5 marks

Answer 32

Token economies
* May be used to control behaviour. They are based on the
psychological concept of behaviour modification. This
means rewarding positive behaviour and punishing
negative behaviour. An institutional management draws up
a list of behaviours they wish to promote.
The Incentives and Earned Privileges system
* Introduced in 1995, this is an essential tool of prison
management. It promotes conforming behaviour through
rational choice. Enabling people to earn benefits in
exchange for responsible behaviour encourages prisoners
to engage with sentence planning and ensures a more
disciplined and controlled environment that is safer for staff
and prisoners. Other outcomes include a reduced risk of
self-harm and improved staff–prisoner relationships.
Prison Rules
* Prisons must impose rules to keep control and prevent
further crime occurring. The following are examples of
rules of behaviour that are prohibited in prison:
behaving in a way that could offend, threaten or hurt
someone else; stopping prison staff from doing their jobs;
causing damage to the prison; not doing what prison staff
say. The following are examples of punishments if prison
rules are broken: you could get a caution; your privileges
(such as having a TV in the cell) could be taken away for
up to 42 days; up to 84 days’ of any money earned could
be stopped; locked in a cell alone, away from other
prisoners for up to 35 days. This is called cellular
confinement.

Question 33

2019 - 1d) Discuss two possible aims of the priosn sentence imposed on Sarah. 6 marks

Answer 33

Deterrence
* S142 Criminal Justice Act 2003 mentions deterrence as an
aim of punishment. General deterrence to send out a clear
message to potential offenders that prison is a possibility.
* Individual deterrence to Sarah, as she must serve the
prison sentence and would be likely to return to prison for
future re-offending.
Retribution
* Idea based on an offender’s behaviour being deserving of
punishment. This could include the length of the sentence
– 3 years – and the fact that a weapon – a knife – was
used. It does not seek to alter future behaviour.
Incapacitation or protection of the public
* Punishments must serve a useful purpose for society.
While Sarah is in prison, the public are not being affected
by her criminal activity. The public are safe from someone
using a knife as a weapon.
Rehabilitation
* A forward-looking aim with a hope that the offender’s
behaviour will be altered and they will not re-offend. Prison
would provide direction and rehabilitation, allowing Sarah
to return to society.
Denunciation
* Society expressing disapproval of criminal activity. It shows
that justice is being done. It reinforces the moral
boundaries of acceptable conduct and can mould society’s
view. Sarah is being told that her behaviour is not
acceptable.

Question 34

2019 - 1e) Discuss how theories of criminology have influenced the aims of sentencing. 8 marks

Answer 34

Rehabilitation
* Individualistic theories of criminality would support
rehabilitation as an aim of punishment. For instance,
behaviour modification treatment, such as anger
management courses, focus on techniques to extinguish
undesirable behaviours and promote desirable ones.
Retribution
* A right realist approach would consider retribution as a
fitting method of punishment. This is because it ensures
the defendant is being punished to an appropriate level,
without consideration of the reasoning behind the crime or
prevention of future offending.
Individual Deterrence
* The social learning theory would consider individual
deterrence as an appropriate aim. Prisons are often
classed as universities of crime so it may be that some
offenders are learning how to commit more crime from
fellow prisoners. The prevalent subculture, such as a peer
group, is one of the main ways observational learning
takes place. So it is important to deter this approach.
General deterrence
* The social structure theory, and in particular Marxism, is
likely to view criminality and punishment as inevitable given
the capitalist society in which we live. Sentences are a
means to control the working class who are heavily policed
in comparison to the upper classes.
Reparation
* The left realist approach may see such an aim as a way of
providing practical measures to reduce crime and produce
a long-term change to a more equal, caring society.
Denunciation
* A functionalist approach to criminality would see social
control as a means of achieving solidarity in society. The
setting of boundaries of acceptability towards crime
strengthens social cohesion and the willingness of
members of society to cooperate with one another.
* In addition, it could be argued that labelling offenders as
criminal produces further crime, as offenders start to view
themselves as criminals. This can lead to a self-fulfilling
prophecy, where offenders start to internalise the label and
begin acting and behaving in a way that mirrors the label.

Question 35

2019 - 2a) Describe what a crown prosecutor would say about the role of the Crown Prosecution
Service in the organisation of the criminal justice system. 5 marks

Answer 35

• established under the Prosecution of Offences Act 1985
• power to decide charge in all but minor offences under the
  Criminal Justice Act 2003
• must decide which cases should be prosecuted, keeping
  them all under continuous review
• determine the appropriate charges in more serious or
  complex cases and advise the police, particularly during
  the early stages of investigations
• prepare cases and present them at court using a range of
  in-house advocates, self-employed advocates or agents
• provide information, assistance and support to victims and
  prosecution witnesses
• use of evidential test and the public interest to determine
  whether or not to prosecute
• funding, philosophy and working practices.

Question 36

2019 - 2b) Discuss the role of the police service in achieving social control. 5 marks

Answer 36

• The aim of the police is to reduce crime and maintain law
  and order. This involves the protection of life and
  property and preservation of the peace and prevention
  and detection of criminal offences.
• They do this by working alongside communities and
  having the statutory powers of arrest, detention, search
  and interview. Their powers are substantially contained
  in the Police and Criminal Evidence Act (PACE) 1984.
• All police forces have teams of officers who are
  responsible for general beat duties and respond to
  emergency and non-emergency calls from the public.
• Nearly all police officers begin their careers in this area
  of policing, with some moving on to more specialist roles.
  For instance, ‘neighbourhood officers and Criminal
  Investigation Department (CID) dealing with
  serious/complex crimes
• funding, philosophy and working practices.

Question 37

2019 - 2c) Examine how crime committed by those with moral imperatives is a limitation in achieving
social control. 6 marks

Answer 37

• A moral imperative is a strongly felt principle that may
  compel a person to act illegally. In other words, offenders
  can commit crime as they believe they are doing the right
  thing from a moral viewpoint.
• Assisted suicide could be argued to be a crime committed
  with a compassionate motive. In the UK, helping someone
  to die is a criminal offence. However, a family member may
  resort to such action if they believe it is at the express wish
  of the victim. Example Kay Gilderdale.
• Anti-vivisection protestors also believe their actions are the
  right thing to do. Attempts to protest against experiments on
  live animals can result in criminal offences.
• It can be difficult to change the mind-set of offenders with a
  moral imperative. Hence this can be a limitation in achieving
  social control. Punishment is unlikely to alter their views.

Question 38

2019 - 2d) Evaluate the effectiveness of the police service and the Crown Prosecution Service in
achieving social control. 9 marks

Answer 38

Police
* examples of successful policing, including work in the
community preventing crime and protecting the public.
* prevention of anti-social behaviour
* credit any local force initiatives such as the Durham force
with Checkpoint
* reference to cases that have an impact on the
effectiveness of the police, such as Stephen Lawrence
* statistics, such as those from the Office for National
Statistics.
CPS
* independence of the CPS. Use of full codes test to produce
the due process model of criminal justice
* establishment of CPS Direct
* references to cases such as Lord Jannar and Damilola
Taylor
* comments such as it being over centralised, bureaucratic
and too close to the police
* official reports such as Glidewell and Narey
* failure to disclose evidence in rape cases.

Question 39

2019 - 3a) Describe how the Probation Service is funded. 3 marks

Answer 39

• This is a government sponsored agency that manages
  high-risk offenders within the community. The government
  provides funding from income tax revenue.
• The agency is part privatised. The medium and lower risk
  offenders are managed by 21 Community Rehabilitation
  Companies. These are businesses and are self-funded,
  working for profit.

Question 40

2019 - 3b) Using the text and your own knowledge, evaluate the effectiveness of the Probation
Service. 5 marks

Answer 40

issues regarding the part privatisation of the agency. A joint
report in June 2017 (HM Inspectorate of Probation and HM
Inspectorate of Prisons, 2017) by the Chief Inspectors of
Probation and Prisons says staff are focused on paperwork
and targets at the expense of prisoners
* criticisms that the work done by the 21 Community
Rehabilitation Companies (CRC) are having a negligible
impact on reducing prisoner offending rates. The above
report contains many criticisms that have an impact on the
effectiveness of the probation service
* criticisms include too many prisoners have been released
not knowing where they would sleep that night. Also, in too
many cases, prisoners’ risk to the public has been
inadequately assessed before release
* credit relevant examples, such as triple killer Joanne
Dennehy, who was under the supervision of probation
workers when she murdered three men in 2013. David, or
Braddon, who was on probation, – with a CRC – when he
murdered, by beating to death, 18 year old Conner
Marshall in 2015.
* A strength is provided through the monitoring and support
of offenders, for example drug treatment.

Question 41

2019 - 3c i) Identify two aims of a probation order as a court punishment. 2 marks

Answer 41

• rehabilitation
• retribution
• deterrence
• reparation
• Protection of society/incapacitation.

Question 42

2019 - 3c ii) Explain how probation orders act as an external form of social control. 7 marks

Answer 42

• Probation is an external form of social control that acts as a
  pressure to try and persuade or compel members of
  society to conform to the rules.
• Probation uses coercion to achieve a desired result. A
  threat of future punishment for the law breaking.
• Probation orders also act as a deterrent or threat to stop
  people from further offending.
• There is an individual deterrence with a continued threat of
  custody for future breaking of the law, including a breach of
  the terms of the order.
• Probation orders could be seen as a general deterrence by
  members of society. This includes the fear that a probation
  order be given together with the restrictions and conditions
  it imposes. People can envisage the potential
  consequences of breaking the law.
• There may be reference to a control theory to explain why
  people do not commit crime. For example Walter C
  Reckless or Travis Hirschi.
• Probation Service works with other agencies to safeguard
  the public, for example MAPPA (multi-agency public
  protection arrangements).

Question 43

2019 - 3d) Analyse the relationship between the Probation Service and other agencies in the criminal
justice system. 8 marks

Answer 43

• The Probation Service is part of HM Prison and Probation
  Service, formally called National Offender Management
  Service (NOMS). This is part of the Ministry of Justice,
  which also includes the courts and prisons.
• The National Probation Service (NPS) oversees prisoners
  once released from prison, if on licence or parole.
• The police may be called upon to assist if a person on
  probation reoffends. The police will arrest an offender
  released from prison who breaches the terms of his or her
  release and is recalled.
• The NPS will liaise, and make preparations, other agencies
  when prisoners are about to be released.
• There will be overseeing with all of the prisoners who have
  served a sentence of up to two years, and released on
  licence, for a minimum of 12 months.
• Probation officers will attend the court and provide advice
  about any breaches. They may be called upon to prepare a
  report for the court, especially if the court is considering
  imposing a probation order. The judge or magistrate could
  order such a probation report.

Question 44

2020 - 1a) Briefly explain the role of one charity involved in achieving social control. 4 marks

Answer 44

The Prison
Reform Trust; The Prince’s Trust; and the National Association for the Care and
Resettlement of Offenders (NACRO). Those candidates who refer to the role of the
charity suggested in the scenario—the Howard League for Penal Reform—may
outline its role as follows:
* It petitions to have fewer people in prison and to transform prisons for those who
remain behind bars.
* It works with Parliament, the public, the media and numerous other agencies in
the criminal justice system.
* It is independent from the government and is funded by voluntary donations and
membership subscriptions.
* It works to educate the public on social control issues. For example, its
Citizenship and Crime project in primary and secondary schools has reached
over 22,000 children aged from 10 to 16.
* It has secured welfare support for children in and out of custody.

Question 45

2020 - 1b) Briefly describe the limitations of charities in achieving social control. 4 marks

Answer 45

• Charities may be limited by their financial resources. They are generally funded
  through voluntary donations and/or membership subscriptions. However, income
  is not guaranteed and this may have an impact on their effectiveness.
• Charities cannot force a government to note, act upon nor implement their
  proposals.
• Much of their work is dependent upon publicity and raising awareness of their
  aims via the media.
• Several charities are active in the area of social control; as such, support for their
  activities may be shared with other charitable organisations.
• Charities working in this sector must work in partnership with other agencies to
  be effective. They are, therefore, often dependent on those agencies’ support of
  their aims.

Question 46

2020 - 1c) Briefly explain how recidivism can cause limitations for the prison service in
achieving social control. 4 marks

Answer 46

Recidivism or persistent reoffending rates have increased, leading to a rise in the
prison population.
* While recidivism is taking place, prisoners are not being rehabilitated and the
increasing prison population is having an impact on the ability to rehabilitate. In
other words it becomes a vicious circle.
* Statistics from the Bromley Fact Files suggest a 41,000 increase in the number of
prisoners from between 1993 and 2015.
* There is a lack of rehabilitation, which can add to the size of the prison
population.
* A limited budget must be spent on an increasingly large prison population. This
further reduces the available resources.
* The ratio between staff and prisoners has widened, leading to an increase in
violence directed towards both prisoners and staff.
* With an increase in released prisoners, social provision is limited and this can
lead many prisoners to feel that they have few options and so they reoffend. This
limited provision may include finance, housing and employment.

Question 47

2020 - 1d) Briefly explain how a lack of resources can be a limitation within prisons. 4 marks

Answer 47

Limited funding leads to a lack of resources in the prison system. This has an
impact on a range of provisions available.
* Prison conditions may be argued to be poor in some cases, for example HMP
Liverpool.
* Too few staff/prison officers means the prisoners are confined to their cells for
most of the day. Consequently this can restrict rehabilitation.
* Limited resources may lead to prisoner unrest, for example prison riots such as
those in HMP Birmingham in 2016.
* Limited resources may also affect the offer of education within prisons. This in
turn may limit rehabilitation, especially given many prisoners’ low levels of literacy
and numeracy.
* Statistics from the Bromley Fact Files suggest that 51% of those entering prison
are assessed as having literacy skills equivalent to those of an 11-year-old child.
Numeracy skills are equivalent to those of a 9-year-old child.

Question 48

2020 - 1e) Describe the relationships between the courts and agencies of formal
punishment (the prison service and the probation service) within the criminal
justice system. 9 marks

Answer 48

Probation services and other agencies such as the police attend MAPPA (Multiagency public protection arrangements) meetings to assess and report on an
offender’s risk to the public.
* The probation services may be required to attend either the magistrates’ court or
Crown Court to provide a report about offenders (pre-sentence report).
* The probation pre-sentence report is used by the court for guidance on the
appropriate sentence.
* The probation service may attend court to provide information about how the
offender is progressing on a community order.
* Where there is a breach of a community/probation order, the offender may be
returned to court for further sentencing and a possible prison sentence.
* The probation service may liaise with the prison when an offender is about to be
released. They attend meetings in prison and provide reports to prison governors
that help determine whether a prisoner should be released and under what
conditions.
* If a prisoner has served between 2 days and 2 years, on release they must serve
a probation order of a minimum of 12 months.
* If an offender is on remand, the courts and prison service must liaise with each
other to ensure the defendant appears before the court.
* The prison service may need to produce the offender for a court appearance via
a video link rather than in person at a court.

Question 49

2020 - 2a) Identify four features of the parliamentary [governmental] law-making
process. 4 marks

Answer 49

The usual way for laws to be made is through parliament, which is made up of
the elected members of the House of Commons, the House of Lords and the
monarch.
* The pre-parliamentary stages include the Green Paper, which is a consultation
stage and the White Paper, which contains firm proposals for the new law.
* A Bill enters either House and passes through several stages, including First
Reading, Second Reading and the Committee Stage.
* All the stages are then repeated in the other House.
* A proposed law may be sent back and forth between the two Houses with
suggested amendments (ping pong).
* The final stage is Royal Assent, in which the monarch gives approval and the Bill
becomes an Act.

Question 50

2020 - 2b) Discuss the aims of the community order imposed on Ellie. 6 marks

Answer 50

Retribution
* This is an idea based on an offender’s behaviour being deserving of punishment.
It is also considered to be revenge.
* Candidates may refer to the number of hours ordered (300 hours is the maximum
that a court is allowed to order) as retribution on Ellie for the crime she
committed.
* Retribution does not seek to alter future behaviour, instead it is a backwardsfacing punishment.
Incapacitation or protection of the public
* This proposes that punishments must serve a useful purpose for society.
* For the duration of the order, Ellie is monitored and therefore the public—and
Poppy—should be protected.
Rehabilitation
* This is a forward-looking aim that seeks to alter criminal behaviour and prevent
reoffending.
* The 300 hours of work is likely to be carried out at a community project. By the
end of the order, it is hoped that Ellie will be able to return to society and that she
will not reoffend.
Denunciation.
* Through this, society expresses its disapproval of criminal activity and
demonstrates that justice is being done. It reinforces the moral boundaries of
acceptable conduct and can mould society’s view.
* By the granting of the community order, Ellie is being told her behaviour is not
acceptable.

Question 51

2020 - 2c) Describe the contribution of environmental measures such as CCTV in achieving social control. 6 marks

Answer 51

Candidates may refer to any relevant environmental measures used to achieve social
control. Examples of these include: gated lanes; and Crime Prevention Through
Environmental Design (CPTED) ideas. Those candidates who refer to the measure
suggested in the scenario—CCTV—may describe its contribution as follows:
* Closed-circuit television (CCTV) is a key surveillance tool that is used regularly
by the police in criminal investigations.
* This high-level technology can provide images to help secure a conviction.
* CCTV usage is widespread in communities, with local authorities, individuals and
business premises utilising them.
* Cameras can be disguised so offenders are unaware that they are being filmed.
* CCTV may be used to demonstrate innocence as well as guilt.
* Candidates may support their description with an example. In the case of CCTV,
this could be the London riots in 2011.
* CCTV may act as a deterrent and prevent people from committing offences for
fear of being caught.
* However, it may be suggested that the high cost of CCTV may limit its
widespread effectiveness.

Question 52

2020 - 2d) Discuss the role of social control agencies involved in bringing Ellie to justice. 9 marks

Answer 52

Police
* Ellie will have been arrested, detained and interviewed by the police under their
powers outlined in the Police and Criminal Evidence Act (1984).
* They receive and act upon contact from the public, for instance Poppy will have
reported the burglary to the police.
* The police have specialist teams such as the CID (Criminal Investigation
Department) who specialise in serious crimes such as burglary.
* Aspects such as structure, funding, working practices and reach may also be
credited.
Crown Prosecution Service (CPS)
* The police will have sought permission from the CPS to charge Ellie with
burglary.
* They will prepare the case for court and attend the hearings to conduct the
prosecution on behalf of the Crown.
* They use a Full Codes Test to decide whether or not to prosecute, namely the
Evidential and Public Interest Test.
* Aspects such as structure, funding, working practices and reach may also be
credited.
Courts (including judiciary)
* As burglary is an either-way offence, there will be a mode of trial hearing to
decide which court will deal with Ellie’s case.
* The courts involved may include the magistrates’ court and Crown Court.
* The magistrates’ court will have a bench of three lay magistrates who decide both
the outcome of a case and the punishment. In a trial in a Crown Court there will
be a jury, who decide guilt or innocence. There is also a judge who will pass
sentence if the case is proved.
* Aspects such as structure, funding, working practices and reach may also be
credited.
Probation
* The probation service will monitor the community order placed upon Ellie.
* An offender manager will ensure compliance of the order.
* The probation service tries to protect the public by the effective rehabilitation of
high-risk offenders by tackling the causes of offending and enabling offenders to
turn their lives around.
* If Ellie fails to carry out the terms of the order, the probation service may seek her
return to court for breach.
* Aspects such as structure, funding, working practices and reach may also be
credited.

Question 53

2020 - 3a i) Identify three features of the crime control model of justice. 3 marks

Answer 53

• The repression of crime is the most important function of criminal justice because
  order is a necessary condition for a free society.
• Criminal justice should concentrate on promoting victims’ rights rather than
  protecting defendants’ rights.
• The criminal justice process should operate like an assembly line or conveyor
  belt, moving cases swiftly along toward their disposition.
• If the police make an arrest and a prosecutor files criminal charges, the accused
  should be presumed guilty because the fact-finding of police and prosecutors is
  highly reliable.
• The model links to zero-tolerance where no crime is acceptable.
• The model is similar to the theory of right realism requiring punishment for an
  offence, no matter what the reason behind the commission.

Question 54

2020 - 3a ii) Identify three features of the due process model of justice. 3 marks

Answer 54

This model focuses on the presumption of innocence and the necessity of
producing fairness by protecting the defendant’s legal rights.
* It asserts that police powers should be limited to prevent official oppression of the
individual.
* The justice system should safeguard all the rights of an individual to provide
against a wrongful conviction.
* Justice should involve a thorough investigation where there is protection of the
innocent by legislative obstacles to overcome before a conviction can occur.
* This relates to the left realism approach to criminality with a focus on the
inequalities created by a capitalist society. A more equal and caring society would
eventually eliminate crime.

Question 55

2020 - 3b) Briefly describe how prisons serve as a method of social control. 4 marks

Answer 55

• The term social control refers to the techniques and strategies for preventing
  criminal behaviour in any society.
• The most visible form of external social control is exercised by people and
  organisations specifically empowered to enforce conformity to society’s law. This
  can include prisons.
• Prison provides coercion or force to achieve the desired result of incarceration.
• Prison also acts as a deterrent, as some people fear it.
• Deterrence has two aspects: individual and general.

Question 56

2020 - 3c) Discuss retribution and rehabilitation as aims of punishment for offences such as driving while using a mobile telephone. 6 marks

Answer 56

Candidates may refer to any relevant offence. Examples of these include offences
where the public is put at risk of harm from the offending. These may include several
driving offences and crimes of violence such as assault and robbery. Those
candidates who refer to the offence suggested in the scenario—driving while using a
mobile telephone—may discuss retribution and rehabilitation as follows:
Retribution
* Retribution may include ideas such as “just desserts”, “an eye for an eye” or “let
the punishment fit the crime”. For example, where an offence has adversely
affected the public, or when the public requires protection from the perils of
drivers who use mobile telephones when driving, then a prisoner may go to
prison.
* Retribution could be achieved by the increased prison sentence sought by the
campaign group.
* Retribution does not seek to alter future behaviour, merely to inflict punishment in
proportion to the offence.
* Retribution contains an element of revenge, in that society and the victim are
being avenged for the wrong done.
* It may be linked to the criminological theory of right realism.
Rehabilitation
* Rehabilitation seeks to reform an offender and change their thinking. It is a
forward-thinking punishment that aims to discourage an offender from
reoffending.
* Also known as reformation, this aim presumes that criminal behaviour is a result
of free will and rational choice. In other words, it is caused by factors that the
defendant can actually do something about.
* A person does not need to use a mobile telephone while driving and has the free
will to avoid its use.
* If an offender appreciates the dangers of driving while using a mobile telephone,
they may cease such behaviour.
* Courses making a defendant aware of the dangers of this offence may be
ordered by a court.
* It may be linked to individualistic theories of criminality such as behaviour
modification.

Question 57

2020 - 3d) Assess how forms of punishment meet the aim of public protection in cases
where individuals drive while using a mobile telephone. 9 marks

Answer 57

• Custodial sentences are likely to protect the public from individuals who drive
  while using a mobile telephone. This is due to the fact they are isolated from
  society and prevented from driving.
• However this protection only lasts during the period of imprisonment and may not
  be a deterrent once the individual is released from custody.
• A suspended sentence may offer public protection, as an individual faces an
  immediate period of imprisonment if they carry out further criminal activity during
  the period of suspension.
• A disqualification from driving order would remove the individual’s right to drive a
  vehicle and hence provide protection by way of incapacitation. However, an
  individual could decide to drive while being disqualified and hence there is little
  protection provided.
• A community order may require an individual to attend a training programme to
  educate them on the dangers of using a mobile telephone while driving. This
  education may result in rehabilitation and a changed view, where the offender no
  longer wishes to drive while using a mobile telephone.
• A financial penalty or a fine may lead to protection if the offender struggles to
  meet the payment and is therefore discouraged from reoffending. However,
  failure to pay the fine may result and a fine default situation can occur.
• Some candidates may argue that protection is not achieved by any punishment.
  This is an acceptable viewpoint.

Question 58

2022 Summer - 1a) Identify one aim of the police service in achieving social control. 1 mark

Answer 58

• To keep law and order
• To protect the public
• The prevention and detection of criminal offences
• The exercise of police powers such as arrest, detention and interview

Question 59

2022 Summer - 1b) Explain the reach, and other working practices, of the police service in
achieving social control. 6 marks

Answer 59

• In England and Wales the police service has both a national and local
  reach
• It is divided into 43 territorial police force areas: 39 in England and 4 in
  Wales, for example Cleveland, Kent and Heddlu De Cymru (South Wales
  Police)
• Each force area has police officers working on patrol and general duties,
  responding to emergency and non-emergency calls from the public
• The service is operative 24 hours a day, 365 days a year
• The police exercise powers including arrest, stop and search, and
  detention. Many of these powers are contained in the Police and Criminal
  Evidence Act 1984
• After a probationary period of working on the beat, many police officers
  opt for more specialised areas of work. Such roles include Criminal
  Investigation Department (CID), drug squad, dog handlers and specialist
  operations such as firearms, royal protection and counter terrorism
• There is a hierarchy in the police service, including various ranks such as
  constable, sergeant, inspector, superintendent and chief constable

Question 60

2022 Summer - 1c) Examine how finance can be a limitation for agencies in achieving social
control. 9 marks

Answer 60

• All the agencies in the criminal justice system face financial pressures
  with a reduced budget. This includes the police and probation services
• There have been many references in the press to a reduced police
  budget, for instance the central grant to police has decreased by 25% in
  real terms between 2010/11 and 2014/15. Inevitably, this will limit the
  number of police officers available to investigate and detect crimes. Her
  Majesty’s Inspectorate of Constabulary (HMIC) issued a warning that a
  shortage of detectives and investigators amounts to a “national crisis”
• Prison services also suffer from budget cuts. According to the
  Prisonphone website (2017) between 2011/12 and 2014/15, the former
  National Offender Management Service (NOMS) decreased its budget by
  a quarter, which equated to £900 million. Clearly this had a significant
  impact on the prison population, including incidences of suicide, self-harm
  and attacks on staff. The Prison Officers’ Association has warned that
  inmates with mental health problems are in extra danger without a boost
  in resources. A lack of finances may have also contributed to unrest and
  rioting in prisons, for example HMP Birmingham in 2016
• The CPS is not immune to financial problems, and has experienced staff
  cuts, which has arguably led to a marked decline in its performance with
  inadequate case progression and preparation. Clearly, this could lead to
  miscarriages of justice, and therefore decreases the effectiveness of
  social control.
• The effectiveness of groups such as the Prison Reform Trust is impeded
  by the lack of secure funding due to their reliance on voluntary
  contributions. If they do not receive public donations, they are unable to
  function. In addition, any government grants that the organisations are
  able to claim also are being reduced
• There are problems within the probation services and this has affected the
  resources available and the efficiency of support. The work of the
  Community Rehabilitation Companies (CRC) has also been affected by
  resources. Some have gone into liquidation

Question 61

2022 Summer - 1d) Evaluate Philippa’s viewpoint regarding the effectiveness of the probation
service in achieving social control. 9 marks

Answer 61

• Probation Officers are academically qualified and highly experienced in
  managing offenders, including those of high risk, those undertaking
  community orders or those on release from prison
• Community orders can be much more effective than other punishments
  such as custody. The probation service usually oversees the community
  orders
• The probation service can assist offenders in accessing treatment for
  drugs and alcohol addiction
• The probation service manages “approved premises” to provide offenders
  with accommodation as they try to settle back into the community
• There has been much criticism over the past few years of both the
  National Probation Service and privatised Community Rehabilitation
  Companies (CRCs)
• Part-privatisation of the probation service was criticised in a joint report in
  June 2017 by HM Inspectorate of Probation and HM Inspectorate of
  Prisons by the Chief Inspectors of Probation and Prisons who stated that
  staff are focused on paperwork and targets at the expense of prisoners’
  welfare
• There are criticisms that the work carried out by the 21 Community
  Rehabilitation Companies are having a negligible impact on reducing
  prisoner offending rates. In June 2020 the government announced it
  would terminate all CRC contracts by June 2021 and services would be
  transferred to the newly formed Probation Service run by the government.
• The June 2017 report named above contains many criticisms that have an
  impact on the effectiveness of the probation service. These criticisms
  include too many prisoners having been released not knowing where they
  would sleep that night. Also, in too many cases, prisoners’ risk to the
  public has been inadequately assessed before their release
• Examples may include: Usman Khan who killed two people on London
  Bridge in November 2019 following a prisoner rehabilitation conference;
  David Braddon who was on probation – with a CRC – when he murdered,
  by beating to death, 18-year-old Conner Marshall in 2015; or the killing of
  5-year-old Alex Malcolm by Marvyn Iheanacho who was on probation with
  the National Probation Service at the time of Malcolm’s murder

Question 62

2022 Summer - 2a) Briefly describe the parliamentary (governmental) process of making laws. 4 marks

Answer 62

• A collection of proposals is put together through consultation in the form
  of a Green Paper
• Firm proposals are then put forward in a White Paper
• A bill enters parliament and proceeds through both the House of
  Commons and the House of Lords
• There are various stages involving debates, and voting takes place
  including the First Reading, Second Reading, Committee Stage
• Royal Assent must be given to enable the bill to become law

Question 63

2022 Summer - 2b i) Identify three features of the due process model of criminal justice. 3 marks

Answer 63

• This puts the defendant at the heart of the case
• It allows all legal rights
• It links to the theory of left realism
• It aims to minimise police powers
• It emphasises the presumption of innocence (until proven guilty)

Question 64

2022 Summer - 2b ii) Identify three features of the crime control model of criminal justice. 3 marks

Answer 64

• This puts the victim at the heart of the case
• It tries to restrict legal rights
• It links to the theory of right realism
• It aims to maximise police powers
• It adopts a conveyor-belt approach to crime control, where speed
  is of the essence

Question 65

2022 Summer - 2c) Explain how the court system acts as an external form of social control. 6 marks

Answer 65

• It is the court system that determines the decision in a criminal case. This
  may be the magistrates, who determine both liability and impose a
  punishment, or – in the Crown Court – a jury which decides liability, and a
  judge who imposes the sentence
• The process of attending court may act as a deterrent due to the
  consequences of punishment and also the shame and embarrassment of
  attending court
• There is an individual deterrent, with the sentence for an individual, and a
  general deterrent to prevent others from breaking the law and receiving
  similar punishment
• The court tries to persuade or compel people to abide by the law or
  conform to the punishment given
• The fear of punishment and consequences such as loss of liberty or
  financial punishment means that courts are an external form of social
  control
• There may be reference to a control theory to explain why people do not
  commit crime, for example Reckless or Hirschi

Question 66

2022 Summer - 2d) Describe the relationship between the police, courts and prisons during the
process of a criminal case. 9 marks

Answer 66

• The police service is the agency that investigates crimes prior to court
  hearings. This includes interviewing witnesses and collecting relevant
  evidence
• The police will ensure a charged suspect is placed before the court where
  bail is refused. If bail is granted, the police will give a date to the
  defendant to attend the local magistrates’ court
• All criminal cases will start in the magistrates’ court. All summary offences
  remain there but either way offences may be sent to the Crown Court for
  a jury trial and indictable offences must go to the Crown Court
• The police often attend court to give evidence in a criminal case, and they
  may attend court to seek search and arrest warrants
• The court is the agency that passes custodial sentences and ensures that
  the defendant is taken to prison
• If a prisoner on remand needs to be brought before the court, the prison
  and court must liaise to make the appropriate arrangements
• If someone is released from prison on licence or parole and is thought to
  be in breach of their conditions, the police will arrest them and place them
  before the court
• The police and prison services will liaise when a prisoner is to be released
  and requires further monitoring. There will be a multi-agency meeting to
  ensure the public are protected, for example MAPPA (multi-agency public
  protection arrangements)

Question 67

2022 Summer- 3a) Identify three aspects of the role of a judge in a criminal case. 3 marks

Answer 67

• To make any decision concerning points of law
• To ensure any case is fair and human rights compliant
• To inform the jury about the law and their role
• To impose a punishment following a guilty verdict or guilty plea
• To decide bail applications

Question 68

2022 Summer - 3b) Identify three features of financial penalties as a form of punishment. 3 marks

Answer 68

• A monetary payment, ordered by a court, to be paid by a defendant
• Often the sentence is given for minor offences such as minor driving
  offences or minor theft
• A frequent punishment from a magistrates court
• A court will take account of the defendant’s financial circumstances before
  giving a financial penalty
• Financial penalties for summary offences are on an increasing scale
• Compensation may be paid to a victim of a crime, or the Victim Surcharge
  Fund
• A financial contribution to the prosecution’s costs could be ordered by the
  court.

Question 69

2022 Summer - 3c) Discuss the aims of Jake’s prison sentence. 6 marks

Answer 69

Deterrence
* S.142 Criminal Justice Act 2003 actually mentions deterrence as an aim
of punishment, so the court may have this aim in mind when ordering a
prison sentence
* A general deterrence sends out a clear message to potential offenders
that prison is a possible option
* Individual deterrence lets the individual know that further custody is
available to a court for reoffending
* Individual deterrence lets Jake know that further custody is available to a
court for reoffending
Retribution
* This idea is based on an offender’s behaviour being deserving of
punishment. This idea is based on Jake’s behaviour being deserving of a
prison sentence
* It does not seek to alter future behaviour, but deprive Jake of his liberty
* It can be seen as the punishment fitting the crime as Jake’s offending is
so serious only a custodial sentence can be justified
* It is seen as revenge or “an eye for an eye” as the seriousness of the
offence warrants Jake losing his freedom
Incapacitation or public protection
* Jake’s prison sentence can serve a useful purpose for society
* The public are safe from a dangerous offender
* The restrictions include a loss of liberty and confinement
Rehabilitation
* A forward-looking aim with a hope that the offender’s behaviour will be
altered and they will not reoffend
* A forward-looking aim with a hope that Jake’s behaviour will be altered
and he will not reoffend
* The aim of prison is to provide direction and rehabilitation for Jake. This
could include programmes such as anger management and managing
relationships

Question 70

2022 Summer - 3d) Assess how community orders meet the aims of punishment. 9 marks

Answer 70

• The aims of punishment can include retribution, reparations, rehabilitation
  and deterrence
• A community order combines punishment with activities carried out in the
  community. For example, up to 300 hours of unpaid work and tasks can
  include removing graffiti or cleaning overgrown areas
• Rehabilitation in the form of treatment is possible, for example, relating to
  drugs or alcohol
• According to the Bromley Briefings, the use of community sentences has
  nearly halved since 2006 and account for just over 9% of all sentences
• However they are 8.3% more effective than short custodial sentences at
  reducing reoffending rates. This suggests some success with the aim of
  rehabilitation
• Some studies have suggested that more than three quarters of those sent
  to prison have at least one previous community sentence. This would
  suggest that they do not rehabilitate and prevent reoffending
• 70% of offenders complete their community orders. This could suggest
  that deterrence is provided by this sentence. However, 30% are in breach
  of the conditions, for example, by reoffending and are returned to court for
  an alternative sentence. This suggests that deterrence is not effective
• Community sentences are also much less expensive than a prison
  sentence which is an advantage when budgets are limited
• Examples may include Eric Cantona, who was – ultimately – sentenced to
  training young footballers after he kung-fu kicked an opposition supporter;
  or footballers Wayne Rooney and Joey Barton who were both sentenced
  to unpaid work in the community. This could link to success of retribution
  as an aim of punishment
• In Scandinavia, community orders are the main form of sentencing and
  recidivism is very low, therefore it could be argued that the sentence
  succeeds as a deterrent

Question 71

2022 Summer - 3e) Briefly describe how internal forms of social control contribute to individuals
abiding by the law. 4 marks

Answer 71

• Values and norms can influence rational ideology
• Tradition is an incentive to some individuals
• Family and the social milieu in which individuals are socialised may have
  an impact
• Religious teachings can have a strong influence on individuals’ outlooks
• Conscience and a personal sense of morality may encourage individuals
  to abide by the law
• Candidates may refer to theories such as those of Freud, Hirschi and/or
  Reckless

Question 72

2022 Winter - 1a) Describe the model of justice that reflects Horace’s viewpoint. 6 marks

Answer 72

• Horace’s viewpoint is reflected by the due process model.
• This model focuses on the presumption of innocence and the necessity to
  produce fairness. It is argued that it is important to protect the defendant’s
  legal rights.
• The model proposes that police power must be limited to prevent official
  oppression, and the rights of individuals should prevent wrongful
  convictions.
• The model outlines that there must be a thorough investigation of a case
  with legislative obstacles to protect the rights of the innocent.
• The right to appeal a decision in a criminal case is a feature of this model.
• Examples may be provided, and these may include: the Police and
  Criminal Evidence Act (1984); and the Human Rights Act (1998).
• It links to the theory of left realism, which focuses on the reasons why
  people commit crimes.

Question 73

2022 Winter - 1b) Briefly describe what is meant by internal social control. 4 marks

Answer 73

• Social control refers to techniques and strategies for preventing criminal
  behaviour in society.
• Internal social control involves regulating one’s own behaviour in
  accordance with accepted forms
• It can be seen as one’s conscience, customs or values.
• It may be linked to religion or family traditions.
• Often, we conform to rules because our sense of self-respect demands it.
• Internal social control allows for the internalisation of social rules and
  morality
• Some examples may be given and these may be linked to, for example,
  religious fasts such as Ramadan or Lent, or they may be linked to why
  people do not steal as it is governed by one’s conscience.

Question 74

2022 Winter - 1c) Examine the weaknesses of the Crown Prosecution Service (CPS) in
achieving social control. 6 marks

Answer 74

• Candidates may argue that the CPS is an over-centralised and
  bureaucratic organisation.
• Candidates may refer to official reports such as Glidewell and Narey,
  which reviewed the effectiveness of this agency.
• The CPS has been found wanting in some areas, and it has been argued
  to have made a number of prosecuting errors. For example, those relating
  to Lord Janner and Damilola Taylor.
• Concerns have been raised about the relationship between the CPS and
  the police. Candidates may exemplify this by noting the difficulties
  experienced during the efforts to prosecute Abu Hamza.
• Further problems include the failure to disclose evidence in rape cases.
• Candidates may also note that in some cases the CPS has been liable to
  pay damages. For example, the case of the radio presenter Paul
  Gambaccini, who was paid damages for prosecution by the CPS
  regarding unfounded sexual abuse charges.

Question 75

2022 Winter - 1d) Describe the organisation of the criminal justice system as it is experienced
by the CPS (Mari) and the defence (Horace). 9 marks

Answer 75

The CPS (Mari)
* As a member of the CPS, Mari would work closely with the police service.
The CPS provides advice to the police and makes the decision whether to
prosecute and, if so, what the appropriate charge will be.
* The CPS may be contacted by the police 24 hours a day by using CPS
Direct.
* The CPS prepares for the court hearings and keeps the case under
review
* It also attends court and carries out the advocacy in the case. This could
be either a Magistrates’ court or the Crown Court.
* The CPS will also be in contact with defence lawyers, who may negotiate
various aspects of criminal cases with representatives from the CPS. For
instance plea bargaining, which could include acceptance of a guilty plea
to a lower charge.
* The CPS and the defence team will appear in court together.
* The CPS may also appear in an appeal case. This could be in the High
Court, Court of Appeal or the Supreme Court.
The defence (Horace)
* Defence lawyers may need to attend the police station to advise clients.
They will work with the police during this time and in any subsequent court
proceedings.
* A defence lawyer and the CPS appear in court together and conduct the
case for the defence and prosecution respectively.
* The CPS will disclose evidence to the defence to enable them to prepare
their case.
* The court is likely to be either a Magistrates’ court or the Crown Court
depending on the seriousness of the case.
* A defence lawyer may need to attend prison to visit a client remanded in
custody.
* The probation service may be asked to produce a pre-sentence report on
the defendant and may discuss issues with the defence lawyer.

Question 76

2022 Winter - 2a) Explain how the police may be perceived as an external form of social control.
6 marks

Answer 76

• External social control may be defined as influences that persuade or
  compel a person to conform with rules so that they do not commit crime.
• The threat of police action, such as arrest and detention, serves as an
  external form of social control.
• Many people have a fear of punishment and all the consequences of
  being arrested by the police. It may result in a loss of a job, relationship or
  housing problems.
• If court proceedings follow, this may serve as a general deterrent to
  society.
• The shame or embarrassment of being arrested and questioned by the
  police may act as a method of external social control.
• The police may act as a pressure to try and persuade or compel members
  of society to conform to the rules.
• The police could be seen as using their power as coercion to achieve a
  desired result. This may include the threat of future punishment for rule
  breaking.
• Candidates may refer to control theories such as Travis Hirschi or Walter
  C Reckless.

Question 77

2022 Winter - 2b) Briefly describe how the judiciary can contribute to law making. 4 marks

Answer 77

• The judiciary provides law making through both judicial precedent and
  statutory interpretation.
• Judicial precedent involves following previous legal decisions of a similar
  nature within the court hierarchy. Methods of avoidance, such as
  distinguishing, may produce new legal decisions. Where there is no
  existing decision, a judge would create law by an original precedent. An
  example is the case of Donoghue v Stevenson, 1932.
• Statutory interpretation involves a judge deciding the meaning of a word
  or phrase in an Act. Rules such as the literal rule are available for
  guidance. This interpretation forms part of the law for future cases.
• An example is the case of Whiteley v Chappell, 1868 when the meaning
  of the phrase “entitled to vote” had to be considered.

Question 78

2022 Winter - 2c i) Describe the aims of the suspended sentence given to Rory. 6 marks

Answer 78

Deterrence
* The suspended sentence will only be activated if Rory commits a
further offence: if he does not re-offend, he will not go to prison.
* This threat is held over him for 12 months.
* It may be successful in deterring him from committing any further
crimes.
* This would be seen as an individual deterrence.
Retribution
* This is an idea based on an offender’s behaviour being deserving of
punishment. It is also considered to be revenge.
* In Rory’s situation, retribution may be seen as the ongoing threat of
prison for the next 12 months.
* Retribution does not seek to alter future behaviour and is a
backwards facing punishment.
Incapacitation or protection of the public
* This idea suggests that punishments must serve a useful purpose for
society.
* The 12-month monitoring of Rory may provide some protection for
society as he may be deterred from committing further offences due
to the fear of going to prison.
Rehabilitation
* This is a forward-looking aim. It anticipates that Rory’s criminal
behaviour will be altered and he will not re-offend.
* Rory knows that if he commits further crime then he will go to prison.
* This threat may cause him to be rehabilitated.
Denunciation
* Through denunciation, society expresses its disapproval of criminal
activity. It shows that justice is being done.
* Denunciation reinforces the moral boundaries of acceptable conduct
and can mould society’s view.
* In this scenario, Rory is constantly being reminded that his behaviour
is not acceptable to society.

Question 79

2022 Winter - 2c ii) Evaluate the effectiveness of the police and the probation service in
achieving social control. 9 marks

Answer 79

Police
* The police work in the community to prevent crime, keep the public safe,
and to combat anti-social behaviour.
* They issue notices ordering people to cease unacceptable behaviour and
referring matters to a court if necessary.
* There are many specialist units trained to deal with issues such as
terrorism or incidents involving weapons.
* They are often the first to appear at the scene of a crime and are always
contacted in an emergency.
* They provide crime prevention advice.
* Police can only investigate crimes that are reported to them (reference to
the dark figure of crime).
* Criticisms over failing to record crimes reported to them.
* Crimes not investigated can sometimes be deemed unsolvable in a
process known as “screening out”.
* Reference to cases from previous units, such as Colin Stagg, Stephen
Lawrence, and the Birmingham Six may be made.
* Police involvement in the Hillsborough Disaster may be addressed.
Probation Service
* Their main priority is to protect the public.
* They are frontline professionals who provide a localised delivery of
services to offenders.
* They supervise high-risk offenders and try to reduce reoffending.
* Issues regarding the part privatisation of the agency. A joint report in
June 2017 (HM Inspectorate of Probation and HM Inspectorate of
Prisons, 2017), by the Chief Inspectors of Probation and Prisons says
staff are focused on paperwork and targets at the expense of prisoners.
* Criticisms that the work done by the 21 Community Rehabilitation
Companies (CRCs) are having a negligible impact on reducing prisoner
offending rates. The above report contains many criticisms that have an
impact on the effectiveness of the probation service.
* Criticisms include that too many prisoners have been released not
knowing where they would sleep that night. Also, in too many cases,
prisoners’ risk to the public has been inadequately assessed before
release.
* Credit relevant examples such as triple killer Joanne Dennehy who was
under the supervision of probation workers when she murdered three
men in 2013. Or David Braddon who, on probation with a CRC, murdered
− by beating to death − 18-year-old Conner Marshall in 2015.

Question 80

2022 Winter - 3a i) Identify how state prisons are funded. 1 mark

Answer 80

• the Ministry of Justice;
• the government;
• taxation.

Question 81

2022 Winter - 3a ii) Identify two aims of prisons. 2 marks

Answer 81

• the punishment of offenders, or retribution for their offence;
• the rehabilitation of offenders;
• protection of the public or incapacitation;
• the deterrence of future crime;
• the denunciation by society for the wrong done.

Question 82

2022 Winter - 3b) Briefly explain the role of charities, such as Broken System, in social control. 4 marks

Answer 82

NACRO (National Association for the Care and Resettlement of Offenders)
* NACRO’s role is to change lives, build stronger communities and reduce
crime.
* It supports people, including those who have mental illnesses, who are in
custody, who have a drug addiction, young people and veterans.
* Between 2017 and 2018, NACRO helped 32,000 people and, 71% moved on
to sustainable accommodation.
* Their philosophy includes to focus on outcomes, and to be courageous,
inspiring, reliable and proud.
* Working practices include offering support online for matters such as
resettlement advice.
* They develop individually tailored resettlement action plans for people.
* They offer apprenticeships, traineeships and work programmes.
Prison Reform Trust
* This charity works to create a just, humane and effective penal system.
* Their objectives include to reduce unnecessary imprisonment and promote
community solutions to crime. Improve treatment and conditions for prisoners
and their families and to promote equality and human rights in the justice
system.
* They do not receive funding from the government and are entirely dependent
on voluntary donations.
* They carry out research on prison life and run campaigns to improve the
penal system, for example “Out of Trouble”, which sought to reduce the
number of children and young people in prison.
The Howard League for Penal Reform
* This is the oldest penal reform charity in the UK.
* It aims for less crime, safer communities and fewer people in prison.
* It works with Parliament, the media, numerous agencies in the criminal justice
system and members of the public.
* The charity is independent of the government and is funded by voluntary
donations and membership subscription.
* It runs campaigns such as “Books for Prisoners”, which won a charity award
in 2015.

Question 83

2022 Winter - 3c) Describe the contribution of environmental tactics and measures that are
used by agencies to achieve social control. 9 marks

Answer 83

• Candidates may refer to Crime Prevention Through Environmental Design
  (CPTED). This proposes that the form and arrangements of buildings and
  open spaces may encourage or discourage crime.
• There may be reference to examples of design, including those that
  encourage the use of transparent materials and green areas.
• Candidates may also refer to gated lanes/alley gates. These restrict
  access to lanes for potential criminal activity. They have been introduced
  in several British towns and cities including Cardiff, Glasgow, Liverpool
  and London.
• Other innovations may include traffic light and/or speed cameras and
  roadside checkers, which strengthen formal surveillance.
• Candidates may use a range of examples to supplement their
  descriptions. These may include successfully implemented environmental
  measures such as changes to the New York bus terminal or Birmingham’s
  Bull Ring market stalls.
• There may also be reference to prison design, for example the
  deployment of the panopticon and super-max designs as well as the use
  of open prisons.

Question 84

2022 Winter - 3d) Assess how prison sentences and community orders meet the aims of
punishment. 9 marks

Answer 84

Prison sentences
* While a prisoner is in custody, they cannot commit crimes in society. Hence
the aim of crime reduction may be met. This aligns with the Right Realism
theory, for example if the prison sentence was to be served in a Category A
prison, this sentence would be focused on incapacitation and public
protection.
* By the reduction of a prisoner’s freedom and some liberties it could be argued
that retribution is met. This is especially the case for long-term sentences or
life sentences. Again, this aligns with Right Realism, adherents of which are
focused on the retribution-related features of punishment, for example, the
mandatory life sentence for a murder conviction.
* While in prison, inmates may be able to access rehabilitation schemes
relating to drug and/or alcohol abuse, and education (including literacy and
numeracy). This could be linked to Left Realism, for which the aim is to
remove the desire to re-offend.
* In their assessment, some candidates may also identify shortcomings of
prison sentences. Aspects covered may include the fact that crimes are
committed within prisons, and the rise in prison numbers, as indicated in the
Bromley Briefings, which show that prison numbers have doubled in the past
20 years.
Community orders
* Community orders can be a combination of requirements tailored to meet the
offenders’ needs, for example unpaid work or curfew.
* This can address particular aspects of sentencing or particular offences such
as curfew to prevent night-time burglaries. This allows the punishment to
focus on the aim of prevention of crime.
* These orders may include a treatment programme to deal with anger control,
drug or alcohol abuse. This allows for the possibility of behaviour
modification, which may achieve the aim of rehabilitation.
* A community order can require up to 300 hours of unpaid work. This may
include tasks such as removing graffiti or cleaning overgrown areas. This can
be seen as achieving the aim of reparation.
* In addition an order requiring an offender to use their spare time to carry out
work for the benefit of the community may be seen as retribution.
* Use of examples such as legal cases, particular offences or statistics in
support of answer.
* In their assessment, some candidates may also identify shortcomings of
community orders. For example, these can be breached, which results in a
lack of public protection.