Unit 4 3.1 Flashcards
Police service- a government sponsored agency- about them
The first professional police officers known as peelers or bobbies were appointed in London in 1829 by the Home Secretary Robert peel, today these are
-39 in England
-4 in Wales
-45 territorial police forces in the UK with regional search
-Single forces each covering Scotland and Northern Ireland
There are also some national law enforcement agencies, including the national crime agency and the British transport police
The police service- aims and objectives
The aim of the police is to reduce crime and maintain law and order, this involves the protection of life and property, preservation of the peace, prevention and detection of criminal defences. This is done by working alongside communities and having the statutory powers of…
-Arrest
-Detention
-Search
-Interview
It’s under PACE-police and criminal evidence act 1984
The police service-funding
In England and Wales, the main source of income for the police is a central government grant. Some of their income is also raised through the council taxes.
The police service-philosophy
The main aspects of the philosophy of the police are to act with-
-Honesty and integrity-police officers are honest, act with integrity and do not compromise or abuse their position
-Authority, respect and courtesy-officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy
-Equality and diversity-police officers act with fairness and impartiality, they do not discriminate unlawfully or unfairly
The police service-working practices
All police forces have teams of offices who are responsible for general beat duties and respond to Emergency and nonemergency calls from the public. Nearly all of the police officers begin their careers in this area of pleasing with some moving onto more specialist roles. For instance, neighbourhood officers and criminal investigation departments dealing with serious and more complex crimes.
There are also specialist operations in the police with branches covering a wide range of functions, including…
-anti-terrorism
-Drugs
-Fire arms
-Dog handlers
-Royal protection
-Special branch
-Mounted place
-Diplomatic protection
The police service-please community support officers
These are people that support the police and work on the front line providing a visible and reassuring presence on the streets and tackling antisocial behaviour. Also special constables who are a trained force of volunteers possessing the full range of policing powers give up a part of their spare time to provide policing support. They are not paid but they are entitled to claim reasonable expenses incurred in the performance of their role.
The police service-police and crime commissioners
Since 2012 there have been regionally elected police and crime commissioners and according to the website of the association of police and crime commissioners 2017 they are the voice of the people and hold the police to account with an aim to cut crime and deliver an effective and efficient service within their force area.
The Crown prosecution service-a government sponsored agency-Aims and objectives
Prior to the prosecution of offences act in 1985 the police not only investigated but also prosecute criminal cases on behalf of the state but in an attempt to promote independence the CPS became the principal prosecuting authority in England and Wales in 1986.
The CPS should …
-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 the investigations
-Prepare cases present at court range of in-house advocates, self-employed advocates or agents
-provide information, assistance and support to victims and prosecution witnesses
The CPS values are stated as being
-Independent and fair
-Honest and open
-Treat everyone with respect
-Behave professionally and strive for excellence
The crown prosecution service-funding
It’s a government funded body with the majority of its budget being approved by parliament. When costs are rewarded by courts, the CPS recovers some of the costs of its prosecutions from defendants. They also recover criminal assets through its confiscation, restraint and enforcement activities
The Crown prosecution service-working practices
It consists of 13 geographical areas across England and Wales and they are available 24/ 7 to provide the police with charging advice. The head of the CPS is the director of public prosecutions.
There’s a code of practice used to help decide if a prosecution should take place, but it has two parts and both must be satisfied for a prosecution to take place .
These are -
-The evidential test-this asks is there enough evidence against the defendant? When deciding this the crown prosecutors must consider whether evidence can be used in court and is it reliable and credible. They also must be satisfied that there’s enough evidence to provide a realistic prospect of conviction against each defendant
-The public interest test-this asks is it in the public interest for the CPS to bring the case to court? Prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour.
The questions asked by the crown prosecutors are…
-How serious is the offence committed?
-What is the level of culpability of the suspect?
-What are the circumstances of the harm caused to the victim?
-Was the suspect under the age of 18 at the time of the offence
-What is the impact on the community?
-is prosecution a proportionate response?
-Do sources of information required protecting?
These questions help them make a decision .
If there’s no sufficient evidence for the suspect to be charged, the threshold test can be applied by the CPS. This allows an immediate charging decision despite not all the evidence being available, this is seen as an infringement of liberty and is made on reasonable suspicion rather than evidence. But it may only be applied where the suspect presents a substantial bail risk and not all the evidence is available at the time when the suspect is to be released from custody
The judiciary-a government sponsored agency-what is it?
It’s divided into
-Superior judges-those working in the High Court and above
-Inferior judges-those working in the lower courts
The judiciary-aims and objectives
The role of a judge in a Crown Court case is to make decisions about the law, including its interpretation and application and generally manage the trial. This includes ensuring it’s human rights compliant. The judges must also explain the procedure and legal issues to the jury and at the end of a case they will sum up the evidence for the jury and finally passed a sentence of appropriate.
The judges in the appeal court such as the Supreme Court and the court of appeal rule on appeal cases . They also interpret the law if it’s unclear and set a precedent, legal rules for other courts to follow
The judiciary-funding
The salaries are decided following the recommendation of the senior salaries review body. They provide independent advice to the prime minister, the Lord Chancellor and the secretary of state for defence on the remuneration of the Judiciary. Although judicial salaries are higher than the average wage for England and Wales it’s worth noting that a successful solicitor or barrister from a top firm or chambers can earn more than a senior judge
The judiciary-philosophy
A judge must be loyal to the queen, as the monarch is the figurehead of the legal system and in whose name justice is carried out and law and order is maintained.
The judge promises to apply the law equally to every person and see the oath below
-oath of allegiance
-judicial oath
The judiciary-working practices
When judges are sworn in, they take two oath’s/affirmations.
- Oath of Allegiance-swear by Almighty God to be faithful and bear true allegiance to queen
- Judicial oath-swear by Almighty God to be well and truly serve the queen and will do right to all manner of people after the laws and usages of this realm without fair or favour, affection or ill Will.
They are very independent. As judges have large amounts of responsibility it’s vital that they make decisions based on the law evidence and facts without any improper influence. Therefore, an independent judiciary is an essential requirement for a fair, consistent and neutral administration of justice. There free from political control and can’t be dismissed by the government. they’re not elected but appointed and have security of tenure. Their salary is guaranteed and can’t be altered by the government.
Hm Prison Service-a government sponsored agency-aims and objectives
Prisons must provide some form of punishment which involves the deprivation of liberty and all the consequences that has for the prisoner. In addition, rehabilitation should be attempted for the individual so that when they’re released they return to society as law abiding. This can involve tackling issues and challenges in outside life that have contributed to their criminal behaviour.
Hm Prison Service-funding
Most prisons are government funded with finances being raised through taxation. In 2015 the budget was 3.4 billion. According to an official study compiled by the university of Lausanne for the council of Europe, taxpayers in England and Wales are paying more to run prisons than most other major countries in Western Europe. According to the report expenditure was at £87 a day in 2012, £15 higher than the European average of £72 a day per prisoner. In 2015 it was estimated the average cost of keeping a prisoner was 36,000 p.a.
HM prison service-philosophy
Most prisons are public sector and run by Hm Prison Service, 109 of the 123 prisons in England and Wales are organised on this basis and are run by the national offender management service. But there are 14 private prisons such as the HMP Birmingham which are contracted to the private security company called G4S..
Prisons are divided into different categories depending on the level of security required to oversee the prisoners..
1. Category A-high-risk/maximum security
2. Category B-high risk to others
3. Category C-lower risk but not trusted to be in open conditions
4. Category D-very low risk to others and due for release soon, known as open prison
HM prison service-working practices
Most prisons are public sector and run by Hm Prison Service, 109 of the 123 prisons in England and Wales are organised on this basis and are run by the national offender management service. But there are 14 private prisons such as the HMP Birmingham which are contracted to the private security company called G4S..
Prisons are divided into different categories depending on the level of security required to oversee the prisoners..
1. Category A-high-risk/maximum security
2. Category B-high risk to others
3. Category C-lower risk but not trusted to be in open conditions
4. Category D-very low risk to others and due for release soon, known as open prisons
Privileges are available to prisoners depending on their behaviour . Prisoners enter prison at a standard level and they need to be well-behaved and prove themselves to staff to move up to an enhanced level. if any rules are broken or prisoners are badly behaved they drop back down to the basic level. Each level gives you certain rights and activities.
The National probation service-a government sponsored agency-aims and objectives
It’s a statutory criminal justice service that supervises high risk offenders released into the community. They work with around 30,000 offenders a year supporting their rehabilitation while protecting the public. They work in partnership with 21 community rehabilitation companies, the courts, place and with private and voluntary sector partners in order to manage offenders safely and effectively.
Probation means someone is serving their sentences out of prison . Anyone released from prison after serving between two days and under two years must be supervised by the probation service for at least 12 months.
While on probation offenders may have to -
-Do unpaid work
-Complete an education or training course
-Get treatment for addictions like drugs or alcohol
-Have regular meetings with an offender manager
The National probation service-philosophy
The aim of the NPS are to-
-believe in the ability of people who have offended to change for the better and become responsible members of society
-Be committed to promoting social justice, social inclusion, equality and diversity
-Recognise that full consideration should be given to the rights and needs of victims when planning how a service users sentence will be managed
-Be committed to acting with professional integrity
The National probation service-funding
According to the NPS, its priority 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. Served by 35 probation trusts, the NPS is funded by the national offender management service again through income taxation. The community rehabilitation companies are businesses that are self funding.
The National probation service-working practices
The NPS have to prepare pre-sentence reports for courts to help in the section of the most appropriate sentence. It also manages 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 be under supervision is also part of its role. finally they must communicate with and prioritise the well-being of victims of serious sexual and violent offences when the offender has received a prison sentence of 12 months or more or is detained as a mental health patient
Charities and pressure groups
They both play an important role in the criminal justice system. They aren’t government funded but can bring an independent and challenging function to the justice system. Charities and voluntary agencies exist to support and defend the interests of their beneficiaries. They are nonprofit making organisations and enjoy some tax advantages from the government
Charities and pressure groups-the prison reform trust
This is a charity that was established in 1981 which works to create a just,humane and effective penal system.
It aims to -improve prison regimes and conditions, defend and promote prisoners human rights, address the needs of prisoners families and promote alternatives to custody
Their main objectives are …
-reducing unnecessary imprisonment and promoting community solutions to crime
-Improving treatment and conditions for prisoners and their families
-promoting equality and human rights in the justice system
The charity carries out a lot of research on many aspects of prison life and on the composition of prisoners both within prison and their life before being sent into custody . It provides advice and information to not only prisoners and their families but also to other agencies in the criminal justice system like students, the legal profession and members of the public. It organises lectures and conferences to help promote its work.
Furthermore, campaign to improve the penal system form a main part of their work e.g. Out of trouble campaign which was to reduce the number of children and young people in prison.
It doesn’t receive any funding from the government and is dependent on voluntary donations to carry out its work
Charities and pressure groups -Howard league penal reform
This is the oldest penal reform charity in the UK being established in 1866. it is named after John Howard, which is one of the first prison reformers. It aims for less crime, safer communities, fewer people in prison and seeks to transform prisons for those behind bars. It works with parliament, the media, numerous agencies in the CJS and members of the public to attain these aims.
The Howard league for penal reform is independent of the government and is funded by voluntary donations and membership subscriptions
It has run many successful campaigns like books for prisoners which won a charity award in 2015 and a campaign to reduce the criminalisation of children by working closely with police forces in England and Wales. This resulted in the number of child arrests falling by 58% between 2010 and 2015
