Topic 4 - Crime and Punishment

Question 1

police relationship with the gment

Answer 1

they enforce laws set my gment
overseen by home office
statutory laws guide police behaviour e.g.PACE act

Question 2

CPS relationship with gment

Answer 2

impose laws set my gment
overseen by ministry of justice
CPS representative behaviour in trials is guided by law e.g must disclose evidence as ruled in PACE act 1996

Question 3

court and tribunal service relationship with gment

Answer 3

impose laws set by gment
judiciary work with courts to convict and sentence offenders

Question 4

HM prison relationship with gment

Answer 4

overseen by ministry of justice

Question 5

national probation service relationship with gment

Answer 5

overseen by ministry of justice

Question 6

CPS relationship with police

Answer 6

CPS advise police on what evidence is needed
decide on charge based on evidence collected by police (reviewed using the full code test/threshold)
inform police on decision to charge
police provide evidence for the prosecution of offenders

Question 7

court and tribunal service relationship with police

Answer 7

police bring defendants who are being held in custody to court
giving evidence as prosecution witnesses
providing protection for vulnerable witnesses
holding defendants in police cells
arrange video calls for prisoners who can’t attend court

Question 8

HM prison relationship with police

Answer 8

transported to prisons if ordered by courts
arrest offenders recalled on probation and return to prison
facilitating interviews with prisoners involved in ongoing police investigations
as a resells of sarah’s law police also cooperate with prison and probation in managing the list of child sex offenders living in the area

Question 9

national probation service relationship with police

Answer 9

as a result of Sarah’s law, police also cooperate with prison and probation in managing thr list of child sex offenders living in the area

Police may support probation officers attending welfare checks on offenders.

Question 10

courts relationship with police

Answer 10

They would work with the police to arrange safe transportation of defendants to court, as well as ensuring safe return to holding following trials should they extend beyond one day.

Question 11

courts relationship with judiciary

Answer 11

Members of the Judiciary sit within a range of different courts and contribute to law creation through case law. Judiciary is also responsible for supervising the efficient running of the courts system and contribute to the funding of individual courts.

Question 12

courts relationship with national probation service

Answer 12

Members of the Judiciary sit within a range of different courts and contribute to law creation through case law. Judiciary is also responsible for supervising the efficient running of the courts system and contribute to the funding of individual courts.

Question 13

courts relationship with HM prison service

Answer 13

Prisoners may need to return to court to attend a hearing or trial. Therefore prisons may organise meeting with defensive counsel or transport to court

Question 14

HM prison service relationship with police

Answer 14

The police will transport prisoners to prison if ordered by the court. They would arrest any offenders recalled on probation to return them to prison.
They would facilitate interviews of prisoners for ongoing police investigations.

Question 15

HM prison service relationship with courts

Answer 15

They organise delivery of offenders to and from court.
Impost custodial sentences given by the courts.
They will hold defendants on remand.
They will facilitate visits from defendant solicitors/barristers to clients in prison.

Question 16

HM prison service relationship with judiciary

Answer 16

They will impose the prison sentences given by the Judiciary.

Question 17

HM prison service relationship with national probation service

Answer 17

They will work together to decide if a prisoner can be paroled and organise support within the community.

Question 18

HM prison service relationship with gment

Answer 18

they are overseen by the ministry of justice

Question 19

national probation service

Answer 19

If an offender commits an offence whilst on probation or breaches terms of license, then the police will arrest them and return them to prison or take them back into custody.

Question 20

national probation service relationship with courts

Answer 20

Probation officers may need to provide evidence in court in relation to an offender’s behaviour on probation and the risk associated with re-offending.
They are also responsible for providing pre-sentencing reports to help determine the most appropriate sentence and impose community orders given by the courts.

Question 21

national probation service relationship with HM prison service

Answer 21

They will work with the prison service to supervise offenders released on license into the community.
They will also visit prisoners who are being reviewed for parole to assess their risk and produce a report either supporting or denying their application.

Question 22

national probation service relationship with gment

Answer 22

overseen by ministry of justice

Question 23

strengths of the police at achieving social control

Answer 23

Provide an element of safety to communities and society as a whole, and if people do have trust in authority like the police then social control can be maintained

● The police are able to attend to both emergency and non-emergency situations, which means social control can be maintained widely in society

Question 24

weaknesses of the police achieving social control

Answer 24

● Bias & Prejudice - police will have a hard time maintaining social control with a public that have an opinion that the police hold bias attitudes towards certain protected characteristics e.g. Stephen Lawrence
● The police are able to attend to both emergency and non-emergency situations, which means social control can be maintained widely in society
● With inadequate training due to poor funding police will not be able to maintain social control as they can mishandle situations and cause to escalate.
● Some crimes still go unreported, and therefore the targets the Home Office sets the police force are not always where there are issues of social control. There is also suggestion to say that even when crimes are reported they are not always investigated. For example, the Metropolitan Police dropped 2.6 times as many cases on the day they were reported in 2017 as they did in 2016 - a total of over 34,000 in the year.

Question 25

strengths of the cps at achieving social control

Answer 25

● The CPS have had some success in achieving social control by preparing and presenting cases in court to secure conviction, for example in 2018 the CPS prosecuted 80,000 cases in Crown Court and over 450,000 cases in Magistrates’ Courts with 84.1% of the defendants prosecuted being convicted

Question 26

weaknesses of the cps at achieving social control

Answer 26

● Media reporting of the CPS’s performance has not always been favourable. In 2018 the Guardian reported that the CPS’s specialist rape prosecutors had been advised to drop a number of supposedly “weak” cases - which experts advised would limit victims’ access to justice - espiecally those who are vulnerable and less likely to sway a jury.
●
● The evidential test carried out by the
CPS is based on whether it would convince a jury of a guilty verdict - but trial outcomes shouldn’t be the focus it should be more about bringing cases to justice and encouraging more victims to report crimes.
●
● In recent years the CPS has suffered budget cuts of 25% and it has lost a third of its staff. This makes the job incredibly difficult because it creates back logs when there are less staff but advancements in evidence such as digital technology to extract evidence from which creates additional heavy workload.

Question 27

strengths of the judiciary achieving social control

Answer 27

● Although there have been cases of gender bias in the judiciary, they seem less common today than in the 1980s or 1990s and may be less a cause of current concern

● Although criticised for being out of touch with society, being this way may just mean judges get to remain independent by avoiding being swayed or unduly influenced by public opinion, media outrage and moral panics.

Question 28

weaknesses of the judiciary at achieving social control

Answer 28

● The media often present judges to be old, white, upper-class males who are out of touch with society. Because judges tend to come from a narrow, unrepresentative section of society they are sometimes suspect of making biased judgements as a result
- 71% of judges are male
- only 5% of judges are from minority backgrounds
● Although criticised for being out of touch with society, being this way may just mean judges get to remain independent by avoiding being swayed or unduly influenced by public opinion, media outrage and moral panics.
● Judges have often been criticised for handing out unduly lenient sentences, and if it is felt that there has been a gross error in the sentencing decision the Court of Appeal will be asked to review the sentence and if necessary increase it. In 2017, 173 cases were referred of which 137 had their sentences increased.

Question 29

strengths of the hm prison service at achieving social control

Answer 29

● Attempt to encourage rehabilitation so that prisoners can live a crime-free life when released

● Social control can be maintained whilst the inmates are physically in prison, getting basic needs and support.

Question 30

weaknesses of hm prison service at achieving social control

Answer 30

● Social control over inmates has become harder over the years due to staff and budget cuts. Between 2010 - 2018 the number of prison officers fell by 15%, and by 2018 a third of prison officers had less than two years’ experience due to experienced staff being more likely to leave

● It is hard to maintain social control when prisons have become significantly overcrowded. The prison population has almost doubled from 43,000 in 1993 to roughly 83,000 in 2019, leading to 58% of prisons being overcrowded leading to discontent and rule breaking

● Many prisoners serve short sentences, there is not always time to address their complex needs for rehabilitation to be effective

Question 31

strengths of probation service at achieving social control

Answer 31

● The National Probation Service (NPS) have been more successful than privatised services in achieving social control, and has about half the rate of re-offending compared with prison

Question 32

weaknesses of the probation service at achieving social control

Answer 32

● Some probation services belong to a privatised sector of community rehabilitation companies. In 2014, 21 private companies called Community Rehabilitation Companies (CRCs) were set up, but 19 out of the 21 failed to meet their targets for rehabilitating offenders and had to have an extra £342 million pumped in
● Companies like CRCs often failed to provide adequate protection to victims and their children when domestic abusers were returned to the community, as without supervision it defeats the objective of keeping the community safe
● NPS are suffering from a critical national shortage of probation officers and high workloads have led to professional standards being compromised.

Question 33

strengths of pressure groups at achieving social control

Answer 33

● Charities are often better placed to reduce offending and reoffending than government agencies like probation officers as they have a strong commitment to one group or issue and specialist knowledge of people’s needs.

● Often strongly motivated and go the extra mile in a way that the government of privatised agencies may not. For example, Nacro campaigns to end Friday releases from prisons to prevent individuals having no time to access vital services which may lead to sleeping rough, which is a major driver of re-offending.

Question 34

weaknesses of pressure groups at achieving social control

Answer 34

● Voluntary organisations, so they only exist where people are concerned about a particular issue or group - not always a large number of individuals

● A lot of charities are set up about the victim of a crime and not aimed at the criminal themselves in attempt for rehabilitation and preventing re-offending. Media can demonise a particular category of an offender, which makes it harder for charities that work with them to build support
● Easier to persuade the public to donate funds for some group or causes than others that can be just as equally important or deserving. Governments will support and fund charities often too, but only if it fits with their political and financial priorities.

Question 35

what is the due process model

Answer 35

described as a model of justice which believes in preserving the rights of defendants and the idea of a suspect being innocent until proven guilty. focuses on the fairness of defendants by ensuring police powers are not increased

Question 36

what are the 2 aims of criminal justice

Answer 36

To protect society, criminals should be caught and locked up as quickly as possible. It’s worth risking a few innocent people going to prison if this helps us to catch most of the guilty ones
● To protect the individual, it shouldn’t be easy to convict a person of a crime. It’s better to risk some guilty people going free than to send an innocent person to prison

Question 37

examples that illustrate the crime control model

Answer 37

The partial abolishment of ‘double jeopardy’ rule for serious offences in Criminal Justice Act 2003
● The extended pre-charge detention time up to 28 days for terrorist offences in Terrorism Act 2006
● Allowing the introduction of ‘bad character’ evidence and previous convictions information for the courts to consider when deliberating a verdict
● Increase in stop and searches in England and Wales 2020
● No automatic appeals in crown court cases
● Not judged by jury in magistrates’ court (magistrates more likely to convict)
● Inference of guilt when suspect/defendant remains silent (not a right to
silence)
● Immigration Act 1971 (Windrush for example)

Question 38

examples of areas of law that support the due process model

Answer 38

1. The acknowledgement of the need for police procedural safeguards by the introduction of the Police and Criminal Evidence Act (PACE) 1984
2. All interviews are now recorded and suspects have the right to legal representation, as well other rights afforded to suspects.
3. The Human Rights Act 1998 allows for criminal justice practices to be thoroughly looked at from a human rights perspective
4. GOWISELY in Stop and Searches
5. Rules of evidence that must be followed
6. Trial by jury of your peers and the right to appeal conviction and/or sentencing

Question 39

what 2 theories link to the due process model

Answer 39

labelling theory, left realism

Question 40

how does the due process model link to the labelling theory

Answer 40

Police may be tempted to act illegally and harrass groups that they label as
‘typical criminals’
• The Due Process model offers some protection as it requires the police to
follow lawful procedures
• Police must follow due process - act lawfully and non-discriminatory

Question 41

what case study supports the due process model linking to the labelling theory

Answer 41

whitehouse far,

Question 42

how does the due process model link to left realism

Answer 42

• Argues that oppressive ‘militaristic policing’ of poor areas triggers
confrontations
• Residents would be unwilling to help the police, as there is a lack of trust in
this authority.

Question 43

retribution definition

Answer 43

Offenders are punished, to give us our revenge.

Question 44

deterrence definition

Answer 44

This is used to discourage criminal behaviour in the
first place.

Question 45

rehabilitation definition

Answer 45

this is an attempt to reform offenders behaviour

Question 46

incapacitation definition

Answer 46

Punishment removes offenders from society to protect the public.

Question 47

repartition definition

Answer 47

Offenders should give back to victims or society, to
repay harm done.

Question 48

2 examples of retribution

Answer 48

● Giving offenders’ life sentences for the most serious crimes.
● Giving the death penalty for the most serious crimes (capital punishment).

Question 49

2 examples of deterrence

Answer 49

● Giving mandatory
custodial sentences for certain offences e.g. firearm possession.
● Public shaming of
convicted offenders to deter others.

Question 50

2 examples of rehabilitation

Answer 50

● Giving offenders community
orders to carry
out.
● Educational
programmes within prisons to improve opportunities when rejoining society.

Question 51

2 examples of incapacitation

Answer 51

● Giving maximum security
custodial sentences for public protection.
● Use of solitary confinement
during custodial sentences to protect offender/others.

Question 52

2 examples of reparation

Answer 52

● Giving offenders
community orders to carry out.
● Offenders and victims
participating in restorative justice.

Question 53

how do prisons meet the aim of punishment using retribution

Answer 53

prisons take away an individuals liberty, sense of freedom and agency
helps the public feel a sense of justice

Question 54

how dont prisons meet the aim of punishment using retribution (2 points)

Answer 54

• Living conditions in prisons are not great. Food in prison is not great. Hygiene in prison is not great
• Organisations such as the Prison Reform Trust have done activism for years trying to improve the conditions people live in, in prison

Question 55

how do prisons meet the aim of punishment by deterrence

Answer 55

For most members of the population, the threat of going to prison and the ramifications of being convicted of a crime acts as a major deterrent against committing crime (general deterrence). Horror stories about the living conditions, and brutal subcultural norms of prison life is enough to scare most people into law-abiding

Question 56

how don’t prisons meet the aims of punishment by deterrence

Answer 56

Prisons only work as an effective deterrent if people are: • Rational-thinking when they commit crimes
• Actually scared about prison life

Question 57

how do prisons meet the aims of punishment through public protection (3 point)

Answer 57

• Undeniably prison is an effective way of incapacitating offenders - it can at times be used to literally incarcerate to protect the public (IPP sentences)
• In theory, putting people in prison gets them away from the public, and while under such strict surveillance, prisoners are prevented from committing more crimes
• Lengthy mandatory, discretionary and indeterminate sentences give the courts the power to keep people off the streets

Question 58

how don’t prisons meet the aims of punishment through public protection

Answer 58

Some consider prisons ‘universities of crime’: • Gangs in prison
• Radicalisation in prison is a growing problem
• Drug dealing and use is getting worse (10.6% of random drug tests were positive in 2017/18 (HM Prison & Probation Service 2019)

Question 59

what is an issue with prions for all 5 aims of punishment

Answer 59

an overarching issue is cost and funding. Prisons struggle to meet any of the aims of punishment due to how expensive it is to run them, and the lack of funding they have received from the government since 2010

Question 60

what aims of punishment use imprisonment as a form of punishment

Answer 60

retribution, deterrence, rehabilitation, incapacitation and reparation

Question 61

what types of offences are community sentences usually for

Answer 61

are for minor offences, but not so minor that a fine or discharge will suffice eg. Assault, benefit fraud, vandalism

Question 62

what does a community sentence usually involve? (6 things)

Answer 62

• Between 40 and 300 hours of community payback eg. litter picking, removal of graffiti • Supervision by a probation officer
• A curfew or tag
• An approved residency
• A group programme
• Treatment for addiction including testing

Question 63

which aims of punishment use imprisonment as a form of punishment:

Answer 63

Retribution
• Rehabilitation • Reparation

Question 64

how do community sentences help meet the aim of punishment through retribution (3 points)

Answer 64

• Community sentences unlike imprisonment is a visible, out in the open punishment – you are not hidden away
• You literally have to wear a high-vis vest that says what you are doing – you are named and shamed
• Also like prisons, they do take away elements of your freedom – you are forced into unpaid work and have to meet curfews and possibly have restrictions on where you can go

Question 65

how don’t community sentences meet the aim of punishment through rehabilitation

Answer 65

as of 2017, just 8% of offenders receive a community order

Question 66

how do community sentences meet the aim of punishment through reparation (3 points)

Answer 66

• Community sentences do involve offenders paying back their debt to society – just not through money
• You may be expected to repair damage that you yourself inflicted (or damage similar to your offence)
• You are paying reparations to the community in which you live through things such as cleaning of graffiti, litter picking or decorating public buildings

Question 67

what factors are considered when determining a fine

Answer 67

• The offence - different offences have different maximum fines by law • The circumstances of the crime
• The ability to pay

Question 68

which aims of punishment use fines as a form of punishment

Answer 68

retribution, deterrence, reparation

Question 69

how do fines meet the aim of punishment through deterrence (3points)

Answer 69

• If you are aware of the maximum fine of committing a crime you may think twice about committing it • Fines hit people with what many people care most about - their money
• It can also be a major warning for people as the next offence is often more serious

Question 70

how do fines meet the aim of punishment through retribution (2points)

Answer 70

•As previously stated, fines hit people with their hard earned cash
•Having to pay a fine is often quite stressful and makes a person suffer for the crime they have committed

Question 71

what is a conditional discharge

Answer 71

offenders will not be punished unless they commit another offence within the set period (up to three years). If the conditions are broken they will receive a new sentence that results in a criminal record

Question 72

what is an absolute discharge

Answer 72

an offender is still technically guilty, however they are not given any punishment or conditions. This is very rare and normally in a minor offence in which the offender has little to no culpability eg. being bullied into stealing from a shop

Question 73

what aims of punishment use discharges as a form of punishment

Answer 73

deterrence, rehabilitation

Question 74

how do discharges meet the aim of punishment through deterrence (2points)

Answer 74

•A discharge is a pretty effective way of deterring future crime (minor offences) – the offender may be shaken up by the process of going to court
•This is likely because the offender was not a particularly serious criminal in the first place and likely showed significant remorse for their actions - this is what led to the discharge in the first place

Question 75

how don’t discharges meet the aim of punishment using deterrence

Answer 75

•Discharges are uncommon and minor and therefore do not meet many of the aims of punishment with the exception of deterrence

Question 76

police overall role and responsibilities

Answer 76

• Divided into constabularies around the country
• They investigate crimes
• They prevent crimes from occurring
• They collect evidence and identify witnesses
• They maintain social order and support the welfare of citizens
• They investigate, arrest and question suspects
• They provide evidence in court cases

Question 77

police philosophy

Answer 77

• The police’s underlying philosophy is to keep society safe and cut levels of crime.
• They make targets and be tough on crime
• However they aim to not discriminate, be ethical and treat everyone fairly
• They try to remain professional at all times, show integrity, courage and compassion to vulnerable people

Question 78

police aims and objectives

Answer 78

• Protect the public/society
• Bring safety and put people at ease on the streets
• Deter crime and reduce the crime rate level within society
• Uphold law fairly and firmly
• Provide external social control to encourage conformity to social rules
• Protect life and property, preservation of the peace, and detection of criminal offences
• Support of victims

Question 79

police funding

Answer 79

• The majority of the Police funding comes from central government grants
• The police is under the responsibility of the Home Office
• A third of Police funding comes from their share in council tax.
• The total police budget in 2018/19 was £12.3 billion. £8.6 billion is funded by central government, with the rest funded by council tax contributions and charging for some services
• There is a £728 million funding for counter terrorism 2018/19
• The Government is proposing a total settlement for the policing system of up to £15.2 billion in 2020/21 - this is an increase of £1,121 million compared to 2019/20

Question 80

police working practices

Answer 80

• Divided into constabularies around the country - 43 across England and Wales
• There are currently 123,171 police officers
• Certain roles within the police are shared across constabularies eg. geographical profilers
• The police directly work with offenders as they are responsible for enforcing the law, they work with varying levels of criminals minor to major crimes
• The police have various jobs such as responding to emergency/non-emergency from the public.
• There are various divisions for dealing with different crimes including SOCOs, forensic specialists, armed response teams, cyber crime divisions, detectives, profilers

Question 81

cps overall role and responsibilities

Answer 81

• The CPS advises the police in the early stages of an investigation, such as what evidence may be required to prosecute
• They decide the appropriate charge or charges for a suspect, by independently assessing the evidence available
• They examine both physical and testimonial evidence to determine if it will be found admissible in court
• Prepares and presents cases for court including preparation of witnesses

Question 82

cps philosophy

Answer 82

• Make sure that the right person is prosecuted for the right offence and to bring offenders to
justice wherever possible
• Prosecutors must be fair, independent and objective. Be honest and open, treat everyone with respect, behave professionally and strive for excellence. This is the main reason the CPS was formed as an independent organisation from the police in 1986 (The Prosecution of Offenders Act 1985)
• Prosecutors must be satisfied that there is sufficient evidence to prosecute a suspect
• The CPS works closely with the police, courts, the Judiciary and other partners to deliver justice
• Lawyers must follow the code for crown prosecutors
• End unlawful discrimination because of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation

Question 83

cps aims and objectives

Answer 83

•To decide which cases should be prosecuted
•Determine the charges for serious or complex cases
•Advise the police
•Provides support and assistance to the victims and witnesses
•Prosecutors must be fair
•Prepares the cases for court in order to have all the information and evidence organised for court
•Must have sufficient evidence to prosecute

Question 84

cps funding

Answer 84

• The government fund the CPS
• Parliament approve the majority of the budget
• In 2016-17 the budget was over £500 million
• When the courts award costs the CPS then recover some costs of its prosecution from defendants
• The CPS recovers criminal assets through its confiscation, restraint, and enforcement of criminal activities
• In 2019 the CPS received an additional £85 million to enable them to respond effectively to challenging trends we currently face, from the surge in violent crime, to the explosion of digital evidence

Question 85

cps working practices

Answer 85

• The CPS is involved in the prosecution of every single prosecuted offence in England and Wales
• The CPS operates across England and Wales, with 14 regional teams prosecuting cases locally. Each of these 14 CPS Areas is headed by a Chief Crown Prosecutor, and works closely with local police forces and other criminal justice partners.
• CPS Direct is accessible 24 hours a day; helping the police with advice regarding charges
• The CPS decides whether or not to prosecute people in court. There is a code of practice used to help decide if a prosecution should take place. Therefore, any types of crime, minor to severe have to pass the code of practice in order for it to be dealt in a courtroom.
• Within the code of practice it consist of full code of practice and threshold test, it looks at the evidential test and public interest test.
• Can grant bail to suspects (released from custody)

Question 86

judiciary overall role and responsibilities

Answer 86

•The judiciary refers to the collection of judges across England and Wales operating in Crown Courts, the High Court of Appeal and the Supreme Court
•They decide the sentences in cases
•They assist in the outcome of cases through advising juries
•They are there to interpret and apply the law fairly
•To give people a punishment for a wrongful action
•To give justice to those who have been victim of a wrongful action

Question 87

judiciary philosophy

Answer 87

• The philosophy of the judiciary is to provide impartial justice in criminal cases. They operate in accordance with the due process model in ensuring that defendants receive a fair trial
• Their decisions must be in-line with guidance by the sentencing council and other decisions made by judges (judicial precedent)
• It is crucial the law is understood to a very high level and is applied correctly and fairly
• It comes under the responsibility of the judiciary to potentially overturn flawed laws, and wrongful convictions in the process of delivering justice
• Judges have been involved in advancing civil rights and the rights of the accused

Question 88

judiciary aims and objectives

Answer 88

•To ensure the rule of law and legal security for individuals •Making sure the law is interpreted and applied correctly. •Give out just sentences
•Provide clarification on the law – either through jury guidance or setting precedent

Question 89

judiciary funding

Answer 89

• As civil servants, the judiciary are funded through the government
• Judges are paid a salary that is decided by a recommendation from the Senior Salaries Review Body. The Senior provides advice to the Prime Minister, the Lord chancellor and the Secretary of State Defence on the (money paid) of the judiciary
• The council of the judiciary should have the right to propose a budget, once a budget is agreed then the council should allocate the funds to individual courts

Question 90

judiciary working practices

Answer 90

• Judges operate in four different courts - the Crown Court, the Court of Appeal,
the Supreme Court of Justice and the European Court of Justice
• Altogether there are 91 crown courts across the UK (England and Wales)
• There are 600 circuit judges currently working in the UK
• There are Crown Courts that are all over the country that hold the trials of indictable and triable either-way offences such as murder and GBH
• Judges can hear a case without a jury if they believe the case will be long/complex
• Judges have to take an oath of allegiance and the judicial oath

Question 91

HM prison service overall role and responsibilities

Answer 91

• Organise and run the prisons of the England and Wales and are responsible for those in custody
• They are responsible for rehabilitation programmes so that prisoners that are released lead law abiding lives
• They support effective offender management and post-prison care
• They run 103 of the 117 prisons in the UK

Question 92

HM prison service philosophy

Answer 92

• Prisons believe in punishing the offender while keeping ethics in tact.
• They want individuals to lead law-abiding lives in and out of prison and to make their time in prison not ‘wasted’

Question 93

hm prison service aims and objectives

Answer 93

• House offenders during their prison sentence, providing a safe and secure environment
for the prisoners
• Rehabilitate prisoners through anger management or drugs and alcohol treatment programmes
• To play a role in a prisoners training so they must be able to establish positive relationships with different people and to maintain a balance between authority and compassion to help reintegrate the offender back into society
• Perform security checks and search procedures on prisoners, staff and visitors
• To prevent potential crime by making it known to the public that crime will lead to
prison
• Supervise visits and carry out patrol duties

Question 94

hm prison service

Answer 94

• The prison service lies within the public sector. They receive a government grant allowance from HM Prison & Probation Service – a part of the ministry of Justice. This is gained from taxation
• In 2018, the government had spent a total of £3.2 billion on prisons. In 2016, they announced a statement of £261 million of additional funding over 3 years to recruit 2,500 additional prison officers to improve prison safety
• There are 14 private prisons contractually managed by private companies such as Sodexo Justice Services, Serco and G4S Justice Services. All private prisons have a ‘Controller’ linking them to the National Offender Management Service, and the governors of private prisons are called ‘Directors‘ – this is a way of minimising the level of public expenditure on prisons

Question 95

hm prison service working practices

Answer 95

• Prisons in the UK are national
• There are 117 prisons in England and Wales (103 are ran by HMPPS and the rest are privately owned)
• 12 are women’s prisons
• The current prison population capacity is 85,000 people (with 83,000 in prison)
Private prisons tend to be larger the public prisons
• Prisons have a range of rehabilitation programmes designed to help prisoners. There are also reward systems in place (IEPs) to incentivise good behaviour
• There are four types of prison
• Category A - High Security
• Category B - Local & Training Prisons • Category C - Training & Resettlement • Category D - Open Prisons

Question 96

national probation service overall role and responsibilities

Answer 96

• Set up in 2014 They do similar things as the Prison Service except they manage and supervise those who serve sentences in the community. They also provide support to those who are released from prison but are still serving a sentence
• They provide pre-sentencing reports for the courts to help guide the appropriate sentence
• They manage approved premises for offenders with a residence requirement on their sentence
• They assess offenders in prison to prepare them for release on licence to the community
• They help all offenders serving sentences in the community to meet the requirements ordered by the courts
• Again they provide support for rehabilitation and post-sentence reintegration to society
• Provide support for victims of serious sexual and violent crime

Question 97

national probation service philosophy

Answer 97

• The probation service believes in reducing reoffending rates by supervising and effectively rehabilitating those that have been released from prison, this in turn makes the public feel more safer whilst also reducing re-offending
• Fulfilling the belief to reform all prisoners into law-abiding citizens again and allow them to be a benefit to society through continuing supervision while then are in the community

Question 98

national probation service aims and objectives

Answer 98

• Work with around 30,000 offenders to support them in their rehabilitation and transition back into society; whilst protecting members of the public
• Communicating with and prioritising the wellbeing of victims of serious sexual and violent offences, where the offender has received a prison sentence of 12 month or more, or is detained as a mental health patient

Question 99

national probation service funding

Answer 99

• Like prisons, they are funded by the HMPPS - Her Majesty’s Prison and Probation Service, an executive agency of the Ministry of Justice. Money ultimately comes from taxation
• Funded through the National Offender Management Service (NOMS)
• There are 35 probation trusts that receive this money
• Community rehab companies are self-funded

Question 100

national probation service working practices

Answer 100

• There are 7 divisional areas of the CPS with 35 probation trusts working within them
• A probation officer will undertake the full range of work with the offenders before and after sentences - this includes, assessment, sentencing, managing offenders throughout their conviction and report writing
• Day-to-day probation officers manage caseloads. They provide information to courts and work closely with the agencies
• They also support offenders - this means providing practical advice about housing and employment

Question 101

charity and pressure groups overall role and responsibilities

Answer 101

• Charities and pressure groups are agencies of social control in that they attempt to pressurise the other formal agencies to reform and change their ways
• These are not-for-profit organisations that mainly receive are donations and the winning of government grants for research
• They campaign to change organisations and help those who go through the criminal justice system
• These include groups such as: • The Prison Reform Trust • Criminal Justice Alliance • Nacro

Question 102

charity and pressure groups philosophy

Answer 102

• The underlying philosophy of charity organisations are ultimately to help others
and improve society
• A pressure group will try to instigate social change in relation to something they see as negative in society
• Often a pressure group will also be a not-for-profit organisation (a charity). Their work is about benefiting society as a whole, not to make money

Question 103

charity and pressure groups aims and objectives

Answer 103

• Aims and objectives will be different for different groups. For example
the Prison Reform Trust aim to:
• Promote human rights to prisoners
• Improve treatment of those in prison
• Reduce unnecessary imprisonment (especially women and young people) • Promote community solutions to criminality

Question 104

charities and pressure groups funding

Answer 104

• Charities and pressure groups are non-profit organisations therefore they cannot
make many money
• However they need money to conduct their work
• This comes from donations from patrons, sometimes some governmental funding, but also their money can go further as they receive tax benefits from the government

Question 105

charities and pressure groups working practices

Answer 105

• Objectives are normally achieved through: • Conducting research
• Running campaigns
• Lobbying governments
• Organising protests

Question 106

what is a proposal of a new law called?

Answer 106

a bill

Question 107

what are the 9 steps a bill must go through to become a law

Answer 107

1) green paper is published by a gment department to provoke discussion
2) white paper - governmental department publishes paper outlining consultation and a ‘draft’ of the bill.
3) First Hearing
Formally announced in House of Commons, initial vote held.
4) Second Hearing
If succeeds first vote, debated by MPs, further vote held to proceed.
5) The Committee Stage
Committee of MPs examine the Bill in detail. Changes will often be made at this stage.
6) The Report Stage
Report from Committee is debated by House of Commons. Votes held on any amendments.
7) Third Hearing
Final hearing and final vote on whether to pass or reject Bill - no amendments can be made.
8) House of Lords
Now goes through same steps but in House of Lords. If amendments, go back to House of Commons. If accepted by House of Lords, can proceed to Royal Assent.
9) Royal Assent
If both the House of Commons and Lords pass the Bill, it goes to Royal Assent to be approved by the Monarch and becomes an Act, which then makes it law.

Question 108

what is a case law?

Answer 108

Case law is when a member of the judiciary makes a ruling (or overruling) on a case which sets a precedent for all other courts. These cases are published in law reports which provide consistency for future cases – this can apply for both a court of first instance case, or an appeal court (eg. Supreme court)

Question 109

in what 2 ways does a case law happen

Answer 109

1. Judicial precedent
2. Statutory interpretation

Question 110

what is judicial precedent

Answer 110

• When a judge makes a ruling in a certain case – particularly one in which the case deals with a grey area in the law – it sets a precedent for future cases. In other words it creates a ‘law’, that all judges in other similar cases in the future must follow
• This creates consistency and fairness and has largely shaped the law of the England and Wales throughout history
• Judicial precedent can only be used if the cases are similar or if the legal principles involved have not changed

Question 111

example of an overruling judiciary precedent

Answer 111

The law on Marital Rape - a good example of overruling a precedent.
In the case of R v R (1991), a husband had been convicted of attempting to rape his wife. The man appealed on the grounds on the grounds of centuries-old precedent that a husband could not be guilty of raping his wife because the marraige contract gave a wife’s “irrevocable consent” to sex. But, the court of appeal overruled this on the grounds that “irrevocable consent” is unacceptable today because a couple are now seen as equal partners in a marriage.

Question 112

what is statutory interpretation

Answer 112

• Statutory interpretation is simply how a new ‘law’ is technically created through interpreting a statute
• They can modify the literal words of the statute to create a new law to ensure that an absurd result does not happen (the golden rule) - eg. vicinity of naval base
• They can come away from the words of the statute completely as long as the ruling is in line with what the statute intended to achieve (the mischief rule) eg. public advertising of prostitution
• These then create precedents for future cases

Question 113

examples of statutory interpretation

Answer 113

Golden Rule’
R v Sigsworth (1935)
A son murdered his mother before she had made a will. He stood to inherit her entire estate because she had not made a will. The court then said that this would be an absurd outcome and that you should not be able to benefit from your crime. The golden rule was used saying that applying the literal rule of inheritance would lead to an absurd outcome. He was then entitled to nothing.

Question 114

what is the house of commons?

Answer 114

• This is the main house of Parliament
• It is made up of 650 seats in which Members of
Parliament (MP) sit
• An MP is an elected representative of a constituency. They get elected during a General Election or By-election
• We currently have a Conservative government with 364 of the 650 seats going to Conservative MPs

Question 115

what is the house of lords

Answer 115

• This is the second house of Parliament
• It is made up of approximately 800 peers
• It is called the House of Lords as it dates back to when areas of the country were governed by noblemen (Lords, Dukes, Barons etc.). This gave them a birth-right to be involved in government
• In this day and age only 92 peers have their place in the House of Lords due to inherited titles. The majority earn their status due to a high level of experience or respect in a particular field in society eg. the church, politics, economics, business, the judiciary, academia etc.

Question 116

what are the two main types of law in the UK which apply to crime

Answer 116

statutory law (governmental processes) and case law(judicial processes)

Question 117

what is social control?

Answer 117

Social Control relates to persuading or compelling people to conform to society’s laws, norms and expectations
• In other words, it is how society controls our behaviour, so we follow the law!

Question 118

examples of external forms of social control

Answer 118

• Deterrence/fear of punishment e.g. CCTV
• Education - sanctions e.g. detention
• Employer/Workplace
• Government/Law
Enforcement/The criminal justice
system
• Media
• Sanctions
• Parents & peers/friends - sanctions
• Social sanctions/expectations

Question 119

internal forms of social control

Answer 119

• Embarrassment/shame
• Self control
• Motivation
• Moral Conscience
(right/wrong)
• Decision
making/rationality

Question 120

what are external forms of social control

Answer 120

• External forms of social control come from outside of yourself, from other people in society
• Society externally controls our behaviour through agencies of social control
• Agencies of social control are organisations that impose rules on us to make us behave in a certain way

Question 121

what 2 areas are external forms of social control broken down into

Answer 121

agencies of social control and the criminal justice system

Question 122

mandatory sentence definition

Answer 122

a predetermined minimum punishment that must be impose for certain offences

Question 123

discretionary sentence definition

Answer 123

a punishment that allows the judge to use their discretion and consider various factors when determining the appropriate sentences for an offence

Question 124

determinate sentence definition

Answer 124

a specific and fixed period of time that is imposed as punishment for crime

Question 125

indeterminate sentence definition

Answer 125

a type of punishment where the length of imprisonment is not fixed

Question 126

suspended sentence definition

Answer 126

when a judge decides to delay or suspend a sentence for a certain period of time

Question 127

tariff definition

Answer 127

the minimum period of time an offender must serve in prison before becoming eligible for parole or release

Question 128

general deterrence definition

Answer 128

the concept that the punishment of individuals for committing crimes served as a deterrent to others who might consider engaging in similar behaviour

Question 129

individual deterrence definition

Answer 129

when the punishment of a specific offender is intended to deter that individual from committing future crimes

Question 130

recidivism definition

Answer 130

the tendency of a previously convicted individual to reoffend or engage in criminal activity after being released from prison or completing a sentence

Question 131

what are institutional tactics?

Answer 131

approaches taken by different social institutions to maintain social control – everything we have just discussed also are institutional tactics. Institution is just another word for an agency.

Question 132

what’s the difference between behavioural tactics and environmental

Answer 132

environmental - changing the external things/ putting something in place in order to stop people offending
behavioural - aiming to change people/offenders behaviour to stop them reoffending or offending

Question 133

what does stages discipline means

Answer 133

refers to the disciplinary procedure used by police to discourage low level offences, through an escalation system.

Question 134

what are the agencies of social control in the criminal justice system

Answer 134

police
cps
court an tribunal service
hm prison service
national probation service

Question 135

fear of punishment - court and tribunal service and judicial

Answer 135

create fear of punishment as they administer sentences, hand out sanctions, have coercive power through ability to hold people in contempt/on demand

Question 136

police - coercion

Answer 136

police can arrest offenders and use force

Question 137

hm prison service - coercion

Answer 137

as prison officers can use force, prison life can be very dangerous, prison rules and sanctions for not following

Question 138

national probation service - coercive power

Answer 138

Supervises and monitors offenders, they have coercive powers as they can threaten those on-license with being returned to prison, they can provide sanctions, they can provide pre-sentencing reports for those who have re-offended.

Question 139

cps - fear of punishment

Answer 139

create fear of punishment through charging offenders

Question 140

what are indefensible spaces?

Answer 140

There are spaces in society that cannot be defended from crime.
This is because no one takes responsibility for them, they are often undesirable places to be and therefore they are not observed.

Question 141

examples of indefensible spaces

Answer 141

● Alleyways
● Public car parks
● Public stairwells
● Public lifts

Question 142

what are defensible spaces

Answer 142

These are the opposite of indefensible spaces and can be defended.
They are owned, maintained and observed spaces in society. This is often because there are lots of people around to take responsibility.

Question 143

examples of defensible spaces

Answer 143

● Public parks in the daytime
● Offices
● Shopping centres
● Cul-de-sac residential properties

Question 144

what 4 things means a defensible space is defendable

Answer 144

natural surveillance- Easily-viewed lobbies and street-level windows allow residents to identify and observe strangers.
a safe image - Designs of buildings should give the impression of a ‘safe’ neighbourhood where residents look after each other.
territoriality - An environment that encourages a sense of ownership amongst residents will promote a ‘private’ use image to deter outsiders
a safe location- Neighbourhoods in a wider crime-free ‘zone’ are insulated from the outside world or ‘protected’ by a safety net.

Question 145

what does CPTED stand for and what does it mean

Answer 145

Crime Prevention through Environmental Design

The idea of ‘designing out’ crime and creating defensible spaces has been used by both criminologists and agencies of social control to devise strategies and policies.
Formally, it has become known as CPTED and was developed by criminologist, C.R. Jeffrey.
We can also link some of the ideas as being influenced by the concepts discussed in Kelling & Wilson’s Broken Windows Theory.

Question 146

what is natural surveillance linking to CPTED

Answer 146

A potential offender should feel like they are being watched and that the surroundings offer no easy escape routes e.g. keeping areas well-lit.

Question 147

what is natural access control linking to CPTED

Answer 147

A criminal should never feel like they have the upper hand when approaching a facility e.g. using maze entrances in public lobbies to avoid quick escapes.

Question 148

what is territorial reinforcement linking to CPTED

Answer 148

Employees gain a feeling that “this is my space”, while intruders are immediately put on the defensive e.g. security signage is clearly visible.

Question 149

what is maintenance linking to CPTED

Answer 149

Linked to territorial reinforcement this suggests a well maintained area sends the message that people notice and care about what happens in an area e.g. clear of litter and graffiti.

Question 150

what is target hardening linking to CPTED

Answer 150

This simply means making a building more difficult to forcibly enter e.g using deadbolt locks.

Question 151

what are gated lanes linking to CPTED

Answer 151

Lane gating, also known as alley gating, is a simple crime prevention measure. It involves putting up lockable gates at the ends of alleyways and passages. These are looked after by homeowners who live around them.

Question 152

what are the benefits of lane gating schemes

Answer 152

■ extra security that helps stop domestic burglary
■ restricted access that will stop anti social behaviour
■ giving safe play areas for children to play
■ improves the area spirit and a sense of shared
ownership

Question 153

what is the main criticism of CPTED

Answer 153

One of the main criticisms of CPTED is that it does not reduce crime, it simply displaces it. This is because offenders will instead look for a less defended target instead.