Justice Systems and Citizens Security

The Justice system comprises of entities which serve to prevent, detect, prosecute, adjudicate and discipline criminal activities. Globally, Justice systems aim to ensure citizen security simultaneously without infringement on the citizen’s rights. The Due Process model is a model which recognizes that the state must respect all the legal rights of a person when carrying out justice. The Due process model questions the criminal justice system as to whether there is a miscarriage of justice as highlighted in Regina (Rottman) v Commissioner of Police of the Metropolis. This case questioned whether there was an infringement of Article 8 of the Human Rights Act by the Police upon the Claimant whereby the Police overextended their common law power in performing a search and seizure without a warrant.

In the case of Rottman v Commissioner of Police of the Metropolis, Mr. Michael Rottman (the claimant), a German Businessman was allegedly involved in fraudulent activities involving an East German Power Company. The claimant was accused of having access to stolen funds and no longer resided in Germany from 1995 subsequently on December 27, 1996 a court in Germany issued a warrant for his arrest. A request was made by the German authorities on 13 September 2000 to the Metropolis Police via Interpol for the extradition of Mr. Rottman to Germany. The Claimant resided in the South of England at the time of the issue of the extradition request. A provisional warrant for his arrest was issued for alleged conspiracy to defraud on September 22, 2000 at the Bow Street Magistrate’s Court under section 8 (1) of the Extradition Act of 1989.

After police investigation and surveillance Mr. Rottman was located in Henley-on-Thames on September 23, 2000...

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...d the protection of the society and the efficient implementation of the justice system by the police.

The Judicial system has proven to be effective since the claimant utilized the due process model and sought redress where he opined his rights were infringed by authorities. The claimant was given a fair trial by the House of Lords. The interpretation of the law in particular PACE as it relates to the common law power extended to police officers leaves some ambiguity. The legislation was enacted in 1984 and may be subject to review or further amendments to provide greater clarification for scope as it relates to extradition and the evolving cross border criminal offenses such as cyber terrorism. I am in wholehearted agreement that due process model is a fundamental principle of any criminal justice system for the safety of all individuals in a democratic society .