Past paper questions & answers 2017-22 Flashcards

Question

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

Answer 1

* 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.

Answer 2

* 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.

Answer 3

* 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.

Answer 4

* 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.

Answer 5

The jury are responsible for the verdict of guilty.

Answer 6

The judge would be responsible for imposing the prison sentence.

Answer 7

*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.

Answer 8

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.

Answer 9

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.

Answer 10

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.

Answer 11

* 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.

Answer 12

* 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.

Answer 13

* 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.

Answer 14

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.

Answer 15

* 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.

Answer 16

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.

Answer 17

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

Answer 18

* 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).

Answer 19

* 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.

Answer 20

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.

Answer 21

* 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.

Answer 22

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.

Answer 23

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.

Answer 24

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.

Answer 25

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.

Answer 26

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.

Answer 27

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.

Answer 28

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.

Answer 29

* 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.

Answer 30

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.

Answer 31

* 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.

Answer 32

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.

Answer 33

* 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.

Answer 34

* 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

Answer 35

* 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

Answer 36

* 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

Answer 37

* 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

Answer 38

* 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

Answer 39

* 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)

Answer 40

* 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

Answer 41

* 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

Answer 42

* 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)

Answer 43

* 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

Answer 44

* 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.

Answer 45

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

Answer 46

* 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

Answer 47

* 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

Answer 48

* 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.

Answer 49

* 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.

Answer 50

* 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.

Answer 51

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.

Answer 52

* 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.

Answer 53

* 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.

Answer 54

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.

Answer 55

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.

Answer 56

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

Answer 57

* 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.

Answer 58

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.

Answer 59

* 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.

Answer 60

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.

Past paper questions & answers 2017-22 Flashcards

(84 cards)