Agencies in the Criminal Justice System

The common thread binding the businesses of the unlawful justice system is centred upon offense and the control of criminal offenses. (Garland 2001; 5-8). It could be argued that the businesses of legal justice including, the authorities, the Crown Prosecution Service (CPS), the courts, the prison service and the probation service all have individual and distinctive functions but operate towards one common overarching goal - offense control. (Maguire et al 2007; 139-141). It is the structure and organisation of legal justice that is characterised by fragmentation, differential assignments and aims between institutions forming elements of the criminal justice system, in conjunction with the lack of a single Governmental department billed with responsibility for unlawful justice policy and its own implementation which makes up about a differential of functions all directed towards the normal goal of criminal offenses control. (McConville and Wilson 2002; 5). It really is argued by McConville and Wilson (2002) that determining what constitutes an establishment of the criminal justice system in virtually any country will be sophisticated because of the nature and procedure of something entailing great multiplicity. (Ibid). However, Sanders et al (2010) identify that the core firms of the legal justice system in England and Wales can be identified the following

(1) THE AUTHORITIES, which can be divided further into three specific groupings. Firstly the neighborhood branches of police throughout England and Wales. Secondly the national police force bodies including the Organised Crime Firm and the English Transport Law enforcement. Thirdly specialist company watchdogs including the Health and Protection Executive which focus on particular types of criminality.

(2) The CPS which is mainly accountable for deciding whether instances prepared by the police should check out prosecution.

(3) The Courts that can be divided further into lower courts and higher courts. The low courts are composed of the magistrates' courts where all criminal offences will start off. The higher courts are comprised of the Crown Court docket which deal specifically with an increase of serious types of offences. The division between your magistrates court and the Crown Judge will be by the initial classification of the offence as either being conclusion supplying exclusive jurisdiction to the magistrates courtroom or of indictable offences providing exclusive jurisdiction to the Crown Court.

(4) The Prison Service which is incurred with interacting with offenders convicted and sentence to a custodial sentence. Their role within legal justice is arguable dual, first of all to deprive dangerous offenders of these liberty performing as a deterrent to offenders and secondly to rehabilitate offenders back again to society.

(5) The Probation Service which is recharged with interacting with offenders appearing out of prison and their 'aftercare' with integration into modern culture. (Sanders et al 2010; 2-6).

In order to determine whether these firms have both common and distinctive functions they'll be discussed at length below and the paper will then get conclusions on their role and seeks within legal justice.

The Authorities:

Policing in England and Wales is decentralised to local law enforcement causes which operate through the country in approximately 43 forces. The power provided to the authorities can be characterised by the to 'stop and search' people and their house, the right to arrest a think, the right to detain a think at the authorities service for interrogation, the right to collect research and the to compile records for the CPS to allow them to determine whether a circumstance should check out trial. (Sanders et al 2010). The discretion afforded to police officers in exercising their public responsibility is a characteristic of the type of how unlawful laws operate, in that discretion underpins the procedure of the authorities officers role within unlawful justice. (Clarkson et al 1994; 6-8). The Police and Criminal Data Act 1984 (Speed) provide the main statutory construction for the procedure of the police in conducting legal investigations. The Action is supplemented with 'Rules of Practice' which lay out goods expectations for policing in doing their business of detecting and investigating crime. Rate 1984 allows the police forces of 'stop and search', arrest, detention and the assortment of facts. The role and function of the police can be recognized as the principal role in handling and working with offense. (Sanders 1986; 303). They'll be the first firm of the criminal justice system which come into connection with suspected offenders. Their role as distinctive from the other organizations will mostly be based mostly around detecting and investigating crime in addition to the collection of essential evidence as proof of the commission rate of the offence. (Ibid). The common function to all or any other organizations of legal justice is to manage and control crime.

The Crown Prosecution Service:

One of the CPS's roles within the unlawful justice system is to exercise a 'general public interest' in deciding which situations should be prosecuted through the courts. (Moody and Tombs 1982; 44-52). It's the control system within criminal justice to filter out cases which may be considered inappropriate to proceed to the next stage within the criminal justice system. It is the value judgements made by the CPS which allows an evaluation to be made on the effectiveness of the evidence gathered by the police and the public interest in having the case that can be identified as being the distinctive functions of the CPS. Hence, it is possible to recognize that there surely is a linkage between your first company of policing to the second agency of prosecuting where there is an inter-dependency for success in controlling offense. The CPS is only going to have the ability to bring cases that have compelling evidence to succeed in the prosecution. Therefore the distinctive role the prosecution attains within the unlawful justice system is that of deciding which situations to allow proceed to court based upon the work of the police in collecting research.

The Courts:

The courts take up a special landscape within the criminal justice system in that they allow the facilitation of evidence to be proven to a standard of beyond all affordable question. (McConville 1994; 228). They take up the neutral position to be able to manage both edges equality to put their circumstance in a fair and simply manner. The extra role is targeted very much on determining a case, deciding which aspect present the strongest quarrels on the evidence. The ultimate role is centred upon sentencing an offender relative to regulations and gravity of the offence before the court where a conviction is founded on the evidence. The primary function of the courts is to help in the demonstration of research in a good and well-balanced way, to adjudicate in line with the regulations of England and Wales and lastly to sentence in accordance with sentencing principles. It really is arguable an extremely special and distinctive position within unlawful justice for the reason that it allows the entire operation of the law in practice in deciding an offenders culpability for a recharged offence. However, it is also possible to establish that the courts service have the common function of working with criminal offenses and controlling crime through its sentencing regimes.

The Jail Service:

The jail service deals exclusively with offenders convicted and sentenced to a custodial sentence. Their role within legal justice is to help in a judicial decision to deprive an offenders liberty to be able to fulfil the phrase of a court. The role is distinctive because it is primarily directed to handling and taking care of the offenders' behavior throughout their phrase. However, it is common to the other businesses within legal justice for the reason that it facilitates crime control and contributes to an offenders rehabilitation into culture.

The Probation Service:

The probation service will also occupy a particular position within legal justice for the reason that they will get involved with offenders during sentencing at the trial level but also when an offender is released from jail in their integration back into society. Therefore they provide the key change support for offenders allowing their integration back into society to live lives without criminal offenses.

Conclusion:

Although there are other unlawful justice agencies such as the Offender Defence Service, the Felony Cases Review Commission payment and the Felony Injuries Compensation Authority, the focus of this newspaper has been generally fond of the core agencies within unlawful justice dealing with the progression of offender through the machine. It really is identifiable that the mother nature of the fragmentation of offense and unlawful justice necessitates a range of agencies to deal with the specific characteristics of unlawful offending. Each of these agencies occupies a specific space within unlawful justice in working with offense and in adding to the overall control and management of criminal offense. Further, it is clear that each agency has a distinctive role for the reason that the police are the first gatekeepers of unlawful justice by deciding which situations to investigate and how they collect proof. Similarly the prosecution have a specific role in deciding to prosecute and performing a prosecution. The courts also take up a special function of delivering justice and facilitating a trial of the offender. It really is clear that all of the agencies of the legal justice have very specific tasks and functions which serve particular goals and seeks of legal justice at particular tips when interacting with offenders. Each role contributes to the overall aim of managing and handling crime in population. In final final result it could be argued that every agency within criminal justice have distinctive but yet common goals within the legal justice system.

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