Until 1986 in condemnable justness system ( Siegel: 2005 ) the determination whether or non to prosecute was the duty of the constabulary. In doing this determination they were able to name on legal advice either from their ain prosecution section or from private sector canvassers. In 1980 31 of the 43 constabulary forces in England and Waless had their ain prosecution canvassers sections.
The constabulary non merely investigated offenses but besides took the determination whether or non they should be prosecuted was unacceptable. When the affair was examined by the royal committee on condemnable process and the constabulary should retain duty for probe of offenses but that after charge a prosecuting officer should take over the behavior of the instance and make up one’s mind whether or non to continue as charged or to alter or retreat the charge. the royal committee ‘s recommendations were mostly accepted by the authorities at this clip and the prosecution of wrongdoers act 1985 ( Hurwitz:1983 ) established a hertz headed by the DPP in England and Waless are divided into countries each with a main crown prosecuting officer who is responsible for oversing the operation of the hertz in that country.
The prosecution of wrongdoers act 1985 ( Newburn 2007: 76 ) set up a system and it is the responsibility of the hertz to take over proceedings instituted by the constabulary. In this state of affairs the constabulary remained responsible for originating the prosecutions led some observers to doubt whether it would be easy for them to be genuinely independent of the constabulary one ground being that one time the suspect is charged some prosecution impulse is established and in the early yearss of the hertz seemed to corroborate that that these concerns were good founded in condemnable justness system.
The authorities considered altering the jurisprudence so that the hertz would presume the duty for charge. Cps bear downing pilots were run in several countries and ratings showed harmonizing to the authorities ‘s white paper that affecting the hertz in bear downing determination improved the quality of the constabulary probe and helped to place weak instances earlier that they could either be dropped or farther probes be carried out to better the grounds. With this ground commissariats were included in the condemnable justness act 2003 for the constabulary to mention instances to the hertz for them to make up one’s mind whether and what to bear down in all but the most minor instances.
In recent old ages the crown prosecution service ( CPS ) has been given enhanced function in the condemnable justness procedure in England and Wales. It must be recognised that the crown prosecution service ( CPS ) is non the lone administration with powers of prosecution in condemnable procedure in England and Wales. There are besides a figure of regulative organic structures that may prosecute wrongdoers in countries of their regulative duty in condemnable procedure.
Jean Charles de Menezes was a Brazilian national citizen who was shot in the caput several times at a close scope by the constabulary at Stockwell belowground station. The London Met constabularies identified him as a suicide bomber about to explode a device on the London Underground at Stockwell tubing station. Merely after Menezes entered a train one of the nameless officers shot him dead and the train was still at the platform. I do n’t understand that he was n’t really dispute its either in the street or on the coach and the constabulary really put others life at hazard as good by start hiting Charles menezesin the closed conditions in a train.
In Menezes hiting none of the officers did n’t confront any disciplinary charges and the determination made by the CPS was brought under the wellness and safety at work act 1974 because there was deficient grounds to prosecute any of the officers the CPS determination was disappointed and the CPS.
Menezes household was n’t informed about his killing until the following twenty-four hours by the London Met constabularies and CPS have merely communicated their determination to the media merely earlier supplying the household with any warning that a determination was about to be made. One of the hertz rules is the expression after the victims every bit good as informing them about the instance for farther constabulary and hertz did non fallow their regulations and the ordinances good.
The determination made by the Crown Prosecution Service marks another low point in shocking manner the British legal system has dealt with the violent death of Menezes. At the inquest the jury found that Jean was non legitimately killed rejected the constabulary ‘s versions of those events and found that the constabulary lied.
It about precisely 17 old ages from the publication of the Stephen Lawrence enquiry Menezes determination makes it clear that there has been no advancement in accomplishing any sense of a nice system of constabulary answerability in the UK and while the shoot to kill policy ( Wilfred Bradley: 631 ) remains in topographic point another household could travel through the same awful ordeal as the Menezes household. Many other states established gun control and they were unable to support themselves it was really exterminated and a figure of people lost their lives at the manus of their ain authorities.
The met constabulary stated in their study that Menezes was a illegal immigrant but he was n’t a illegal immigrant Menezes was absolutely entitled to be in the UK. The constabulary point was here misinformation to melanize Menezes name and loses him sympathy it really clearly worked positively on populace besides whether Menezes was a illegal immigrant or non it is wholly irrelevant Menezes was a guiltless adult male killed by the London Met constabularies.
This influenced on populace in a negative manner and protests and presentations was held in the UK and Jean Charles Menezes run was founded by Menezes friends and household of Menezes the ground was that to happen out all the truth about Menezes decease and to convey all those people to justnesss who were responsible for Menezes decease every bit good as seting a force per unit area on authorities to stop the ( shoot to kill ) policy.
In the procedure of instance building the independence of the hertz is limited because if cps trust on the constabulary for information to much hertz can non realistically go through all the paper work or listen to all the taped question its organisational place CPS on the same side of the adversarial system. Clearly prosecution determinations are taken in a working context that brings the CPS into contact non merely with the constabulary but besides with victims and magistrates. In condemnable justness system the determination made by the CPS and has a immense impact on everybody sing the Criminal Justice System ( CJS ) whether they are informants, victims or suspects.
They determine what happens to the constabulary work and of other fact-finding bureaus in CJS and efficaciously they determine the work load of the tribunals. It is really of import for the CPS to assist significantly to accomplishing the wide purposes of the CJS.
With policy alterations and move it improves the relationship between the constabulary and CPS as they have to undertake the job. The constabulary have to rethink about policies around deploying pieces officers in which they stopped a fishy because of that along with the demand to reconstruct public assurance and better public safety in England and Wales.
The CPS should be a independent prosecution organic structure in CJS with its ain offices, with its ain staff and taking determinations of the appropriate charges in condemnable instances every bit good as prosecuting condemnable instances in Courts.
In England and Wales many victims and informants do non usually receive the degree of information and support that they need when they take parting in condemnable justness procedure and this must alter the CPS and the Police has a duty to guarantee that victims and informants feel safe and able to give grounds in tribunal procedure. Giving a grounds at tribunal that can really do anyone lose bravery or assurance. Victims and informants have a right to acquire all the supports that they need from the Police and the CPS. In England and Wales ( Crime Statistics c 2008 ) merely 19 % of informants felt that they had been kept decently informed about advancement of the instance in tribunal phase
After the 7/7 London bombing a figure of Michigans and searched gone higher and a figure of inexperienced persons people are frequently stopped and searched by the constabulary in the UK this is lead to patrol failure to undertake terrorist act.
