Criminal Justice System In England
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The Criminal Justice System (CJS) is one of the major public services in the country. Across the CJS, agencies such as the Police, the Courts, the Prison Service, the Crown Prosecution Service and the National Probation Service work together to deliver the criminal justice process.
The work of these agencies is overseen by three government departments: the Home Office, the Attorney Generals Office, and the Department for Constitutional Affairs.
These departments and agencies are working together to reform and improve the criminal justice system in order to:
Prevent and detect more crime
Give victims and witnesses more support
Punish and rehabilitate more offenders
The Local Criminal Justice Boards lead on key priorities for reducing crime and administering justice on a regional basis. Specifically, the LCJB is charged with local delivery of the following CJS objectives:
Improving the delivery of justice;
Improving the service provided to victims and witnesses; and
Improving public confidence
The CJS is divided to many areas such as Victim, Witness, Defendant, Offender, and Juror.
_Victim: Thats anyone who has been affected by crime. Being a victim of a crime can be difficult and confusing experience. The victim personal statement adds to the information you have already given to the police in your statement about the crime. It gives you a chance to tell the police about any support you might need and how the crime has affected you for example, the crime could have affected you physically, emotionally or financially.
You should only make a victim personal statement if you want to. You do not have to make a personal statement straight away, you can always ask the police to help you make one later on.
If you make a victim personal statement, it will become part of the case papers. This means that it will be seen by everybody involved with your case for example, the police, the Crown Prosecution Service, the defence, and the magistrates and judges at the courts. This will enable staff to provide you with help you might need to enable you to take part throughout the case.
_Witness: Witnesses play a vital role in helping the Police to solve crimes and deliver justice. The criminal justice system cannot work without them.
You may be asked to give evidence as a witness if you:
Know something about a crime or incident
Are a victim of crime
Have specialist knowledge of a subject (Expert witness)
You know one of the people involved in the case (in which case you could be called as a character witness).
Many people are unsure about what happens in a criminal case and may feel anxious about coming forward or giving evidence in court. An interactive virtual tour provides witnesses with information about the criminal justice system process.
If you witness a crime you may be asked to give a witness statement. This is your written or video-recorded account of what happened.
It may be used as evidence in court, so the police will ask you if there are any dates in the future when you are certain you will not be able to attend court, for example hospital appointments or long trips abroad. In most cases, the police officer will write an account of what you have said, which you will be asked to sign.
If the offence has just happened, officers can ask you to tour the nearby area with them to help identify the offender, or they may ask you to look at photographs to try and pick the offender out.
_Defendant: When someone is accused of a crime, they are called a defendant. In England and Wales anyone accused of a crime is presumed innocent until proven guilty by the courts. If the courts find the defendant guilty and convict them, that person is called an offender.
* Arrest: Serious crimes such as theft, burglary and most assaults carry a power of arrest. This means that if the police suspect someone has committed such a crime, they can take the suspect to a police station to be detained and, if necessary, be questioned about the offence in a tape recorded interview.
Once the suspect is at the police station he or she will be told their rights and asked if they want a solicitor to represent them. It is up to the suspect to decide whether or not they do. If the suspect is under 17 the police must find an “appropriate adult” to be present during any interview. The adult will usually be a parent, family member, carer or social worker.
The police will then interview the suspect. If they decide they have enough evidence to consider charging the suspect, the police must then decide whether the case is one that they can charge themselves or whether it requires the approval of a Crown Prosecutor. In less serious, straightforward cases where the suspect admits the offence, the police are permitted to charge the suspect without first referring the case to the Crown Prosecution Service (CPS). In all other cases a Crown Prosecutor must review the case, decide on the correct charge and give their approval to the suspect being charged.
Once a suspect has been charged they must appear before a magistrates court. The police have to decide whether to release them on bail or whether they should be taken to court in custody. In England and Wales a person is innocent until proven guilty in a court and so should not be kept in custody before trial unless there are good reasons for doing so.