Arrest

Arrest

1. Pre-Trial Procedures

   • Courts
     • Sentencing
       • Custody/Altneratives
         • Probation
           • Beyond
             • Public Confidence
               • Restoring Public Confidence
                 • The Coroners and Justice act 2009
                 • The Victim and Witness Commissioner (2010)
                   • to promot the interests of victims and witnesses, encourage better treatment and reguarly view the code of practice for victims
                 • Statutory Victims Code
                   • extra help and support for vulnerable victims or victims of serious crime, or most persistently targetted victims
                   • give victims louder voices
                   • for victims, not the system
                   • ensure all CJS agencies have a complaints system
                   • specialist support for minors and their families
               • Increasing confidence in terms of effectiveness and fairness
                 • seen as more fair rather than more effective
             • Victim Dissatisfaction
               • plea-bargaining may leave victims with a sense of dissatisfaction
               • confidence levels vary depending on experiences of crime
                 • victims or witnesses of crime had less confidence in the CJS, same with those experiencing high levels of anti-social behaviour in their area
           • Victim Influence
             • victim concerns may influence release conditions
             • Victim issues on high agenda (2006)
           • Probation Trusts/CRC
             • pre-sentence reports and bail facilities
             • supervising offenders in the community
       • Victim Influence
         • Victims Charter (1996) CPS and CPS Policy have to take into account victim impact
           • difficult for victim to know if this was done
         • Probation officers have to include victim impact in PSR
           • Taken from CPS package, not direct from victim
         • YOT have to comply with Code of Practice for Victims 2006
     • Magistrates Court
     • Youth Court
     • Specialist Courts
     • Crown Court
     • Court of Appeal Criminal Division
     • The Supreme Court
     • Over seen by the MOJ
   • Prosecution Decisions
     • Victim Influence
       • Have little influence due to crime control being predominate
         • This is due to discretion!
       • VPS may help tip the balance between victim interest and crime control
     • Plea-bargaining
       • Victims CAN'T have a say but are informed
       • Who's interest is it in? CJS
   • Victim personal statements
     • Taken soon after incident and then can be updated before court hearing
     • Information, not opinion
       • Additional information for: bail, victim vulnerability, compensation
   • Crown Prosecution Service
     • filter weak cases
     • prepare and deliver prosecution in magistrates court
     • liaise with barristers in crown court

2. Police

   • Policy linked to the home office

3. Victims

   • Crime has high costs to tax, the NHS, insurance premiums, shop prices: £124 Billion- 2013
   • Who are the Victims?
     • Mainly men aged 16-24 in public, women in private
       • 5.3% of men, 2.9% of women
       • men are more likely to be in the public sphere and get out/travel more
     • those living in urban areas
       • 3% of crime in rural areas, 5% in urban
       • residents in the 20% most deprived areas at higher risk
     • young people most at risk, interacts with location and socio-economic
     • Blacks and Asians at higher risk than whites
   • Needs
     • Assessed, Expressed, Negotiated
     • be informed about the case
     • Treated sensitively and with respect
   • Initiatives
     • Victim Support
     • Victim Charter
     • Restorative Justice
     • Victim Personal Statements
   • Rights
     • Right to information
   • Who fears Crime?
     • CSEW found people believed crime to be on the rise
     • Women worry more than men, 60+ women most fearful
     • Afro-Carribbean's feel safer than any other group on the street at night

4. Offenders

5. Criminal Justice System

   • Pursuit of jutice is characterised by conflict and contradiction
   • a state response to alleged and actual infractions of the criminal law
     • mechanism for formal social control
   • Policy Centres
     • Home Office
       • crime reduction/community safety
       • identity and citzenship
       • immigration/asylum
       • police and policing
       • drugs policy
       • security and counter-terrorism
       • inspectorates
     • Ministry of Justice
       • criminal law
       • criminal courts
       • sentencing
       • youth justice
       • judicial appointments
       • human rights
       • NOMS
   • The Public
     • The jury system
     • witnesses
     • community support officers
     • mentors
     • victim support
     • counselling
   • Models of Criminal Justice
     • Packer 1968
       • Crime Control
         • "the conveyor belt"
         • focus on effciency and speed
           • better the innocent sentenced than the guilty walk free
         • implies guilt
         • social function is PUNISHMENT
         • aids police as sees crime fighting as key
         • Examples
           • plea-bargaining
             • undermines the right to a fair trial
           • terrorism act 2000
       • Due Process
         • "the obstacle course"
           • each stage is an obstacle, if hit the person leaves the process
         • social function is JUSTICE
         • presumed innocence
         • right to a fair trial
           • decisions are never final
         • defendant's rights
           • equality before the law
           • protect the innocent and convict the guilty
         • examples
           • PACE 1984
           • Granting legal aid
           • beyond reasonable doubt
           • change to the 2000 terrorism act in 2010