Procedure In The Criminal Justice System Law Essay

August 4, 2017 Law

Within this essay, I will be looking at the processs in the Criminal Justice System. Before puting the foundations of this work, I will briefly give a few lines on what the Criminal Justice System is approximately. A Criminal Justice System is a set of legal and societal constitutions for implementing the condemnable jurisprudence in understanding with a definite set of procedural ordinances and limitations.

In every state there is a demand to screen, guard and protect people and their belongingss. The creative activity of Torahs is an indispensable signifier of protection and the constitution of a system to use and to implement these Torahs is imperative. In this work I will be looking at the Procedures in the Criminal Justice System in the UK.

As it is outlined in the Aims and Objectives subdivision of the Criminal Justice System online, “ The intent of the Criminal Justice System ( CJS ) is to present justness for all, by convicting and penalizing the guilty and assisting them to halt offending, while protecting the inexperienced person. It is responsible for observing offense and conveying it to justness ; and transporting out the orders of tribunal, such as roll uping mulcts, and oversing community and tutelary penalty ” . ( hypertext transfer protocol: // )

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Harmonizing to Malcom, D, et Al. ( 2010 ) , the Criminal Justice System in the UK has been developed over many centuries and by the twentieth century its primary focal point was on the ways to cover with person who is indicted of a offense. In the UK, three chief elements constitute the Criminal Justice System, the jurisprudence enforcement, adjudication or else the tribunals and the test and at the really end the rectification or else penal system.

To get down with, as really right Cavadino, M. and Dignan, J. ( 2007 ) have put it, the process in the condemnable system begins “ merely when a offense is reported to the constabulary ” ( p.2 ) . Equally shortly as a offense is committed, the primary component of the Criminal Justice System involved is the jurisprudence enforcement, otherwise, the constabulary. The initial undertaking of the constabulary is to look into a offense and continue to allow apprehensions. The power of the constabulary is governed by the province from which they are employed and engaged with. Police officers are entrusted with many powers like collaring, entry and hunt, ictus, and many more, in order to reinstate and keep public order. If there is equal grounds that lead the suspect on test, the constabularies have to ‘charge ‘ the arrested suspect with the offense and at this really indicate the primary stage of the prosecution procedure begins.

The constabulary charge the suspect with a condemnable offense and so they pass the necessary information about the instance on to the Crown Prosecution Service. This province bureau now will prosecute the suspect in tribunal, if it thinks there is sufficient grounds to turn out the suspect ‘s guilt. Under normal fortunes, the constabulary will take the suspect before the Magistrates ‘ tribunal.

The jurisprudence states that if person is accused of an offense, he or she is guiltless unless the prosecution proves ‘beyond sensible uncertainty ‘ his or her guilt. Still, if the suspect admits his guilt, the test will complete, and the justice will make up one’s mind on the sentence the wrongdoer ought to have.A

Therefore, I will now travel on to the following measure of the Criminal Justice System, the adjudication, in other words, the procedure of measuring and judging the suspected offense and its rectification, all inside the precincts of the tribunal. When the constabulary conveying the wrongdoer before the Magistrates ‘ tribunal ( where the wrongdoer becomes ‘defendant ‘ ) , the tribunal will hold to come to a determination as to whether or non the wrongdoer should be bailed, that is, released under conditions before the existent test, or remains in detention for the clip being. Condemnable offenses are of three types, chargeable merely, drumhead merely and triable either manner. Depending on the type of condemnable offense, will find at which tribunal the test will take topographic point, the Magistrates ‘ tribunal or the Crown tribunal. Chargeable offenses like slaying, robbery and colza, are trialed in the Crown tribunal before a justice and 12 people who have been selected at random to come to a determination on the finding of fact if the suspect pleads non guilty. The intent of this choice process is to do an appropriate representation of society in which the suspect is judged so as to extinguish any possible prejudice. Summary merely offences like common assault, driving offenses and minor condemnable amendss, are trialed in the Magistrates ‘ tribunal before at least two Justices of the Peace or a individual territory justice known as ‘Stipendiary Magistrate ‘ . Finally, triable either manner offenses include larceny, incendiarism and burglary.

Now, if the suspect falls in one of the above condemnable classs and pleads guilty, his instance will rest in the Magistrates ‘ tribunal for the clip being, whereas if the wrongdoer does non plead guilty, the Magistrates ‘ tribunal will hold to make up one’s mind as to whether to ‘commit ‘ the suspect to the Crown tribunal or to test the instance in the Magistrates ‘ tribunal.

Traveling on to the concluding phase of the condemnable process, if the suspect is found guilty of the alleged offense, the justice will denote the appropriate sentence. The most familiar, good known rectification method in the UK is the prison sentence. When the sentence is pronounced, the felon is carried out of the tribunal and sited under the authorization of the appropriate rectification constitution. Once the felon is under the authorization of the peculiar rectification bureau, it is a steering rule to seek to rehabilitate him. Many rectification constitutions provide felons, with a wages system for good behaviour whilst at the same clip, great attempt is being put frontward to instruct and develop the prison dwellers in going good citizens.

As a consequence so, in the UK the rectification constitution is non merely the concluding point in the Criminal Justice System, it is besides held accountable for two indispensable duties, that is, to punish for any given offense and to rehabilitate the felon.


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