Crown Prosecution Services (CPS) is the main principle prosecuting authority in England and Wales. It was recognised as an independent body in 1985 to litigate criminal cases scrutinized by the police. The Crown Prosecution Service has headquarters in London, York and Birmingham and operates under a structure of 13 Areas in England and Wales of which a Chief Crown Prosecutor (CPP) safeguards each area and is accountable for the provision of a high quality prosecution service. The (CCP) is assisted by the Deputy Chief of Crown Prosecutors (DCCP) and Area Business managers (ABM) (Tim Newburn, Peter Neyround, 2013); therefore it takes people working conjointly according to its set-up of system. The CPS exists to assure that wrongdoers are brought to justice, victims of crime are bolstered and that people feel safer in their communities therefore it collectively delivers its cases with the help of a range of agencies , teams , units, wings, panels , ministries , organisations, services and the courts.(Code of Crown Prosecutors , 2013) .
There is a system of codes and tests set up to ensure that the law is properly applied known as The Code of Crown Prosecutors and The Full Code Test, issued by the Director of Public Prosecutions. It consists of The Pace Codes, and two stages of The Full Code Test called The Evidential and Credible Test, and The Public Test. The Evidential test is the first stage in deciding whether to prosecute or not. The prosecutors ensure that the right person is prosecuted for the right offence and that offenders are brought to justice wherever possible. Their decision is based on whether there is realistic prospect of conviction by considering the availability (witness available), admissibility and reliability...
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...they are aware of the issues being brought to them, nonetheless they vow on obtaining a clearly demonstrated accomplishment in prosecuting most serious and complex offences. Abel Stuart a reporter in (Plymouth Herald, 2015) declared that CPS work as efficiently as possible, and were setting out standards of quality to help strive with the prosecuting of crimes. In order to strive through, CPS will report on their performance and respond to criticisms positively (CPS website).
Newburn, T. and Neyround, P. (2013) Dictionary of Policing
http://www.southeastcircuit.org.uk/
Ministry Of Justice, Achieving best evidence in criminal proceedings ,( March 2011)
Code of Crown Prosecutors, 7th edition (2013)
Stuart, A. (2015) February 3 Plymouth Herald
www.plymouthherald.co.uk/Criminals-walk-free-Plymouth-courts-cuts-leave/story-25964451
CPS WEBSITE
The Child Protective Services (CPS), which purpose is to prevent and stop child abuse is
The role of criminal justice professionals is to preserve and uphold the Constitution by enforcing laws, protecting citizen’s rights and promoting justice for all. Police officers in the field of duty must be able to discern situations to be able to act in the most appropriate manner as it relates to their job. In this case study, Officer Smith is threatened with being penalized for making a decision he thinks is good community policing, but his Lieutenant feels he violated protocol. Officer Smith responds to a domestic dispute between an intoxicated husband and wife. Normal procedure would be to arrest the husband and put him in jail until the decision is made whether or not to press charges. Instead, Officer Smith decides to intervene and asks the couple questions about if they love each other, and why they are physically assaulting each other. They respond they do love each other, but the alcohol makes them violent towards one another. Officer Smith then recommends counseling for the couple, as an alternative to putting the husband in jail. The couple agrees to
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
In Scotland, the government is responsible for child protection. Child protection committees (CPCs) are responsible for child protection policy procedures and make sure that all the different local agencies, such as children’s social work, health services and the police work together.
In 2012 the UK Government responded to a Ministry of Justice Consultation CP(R)20/2012 (October 2012) on Punishment and Reform stating that ‘overall re-offending rates for community sentences remain too high’ and that ‘they lack credibility as effective punishment’. Further concerns included, ‘enforcement action when offenders don’t turn up for community payback’ which they deem as ‘patchy and
When allegations of abuse or neglect have been made, local child protective services (CPS) intervene to make decisions based on what they believe is the best option for the children involved. Their goal is not to tear families apart, but rather offer services that will provide a healthy and safe environment for children.
Unfortunately, the criminal justice system is a vital piece of today’s society. Without it, the public would be free to do whatever they choose with no real consequence to negative actions. According to the Bureau of Labor Statistics, roughly 3 million workers were employed in the criminal justice field in 2015 (Occupational Employment, 2016). This is made up of countless different agencies, including law enforcement, corrections, homeland security, and many more. Corrections is a key element in the criminal justice system, which has its own unique functional philosophy, administrative structure and functions, theoretical assumptions that govern its existence, organizational mission, goals and objectives, and division of responsibilities.
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
After an offender is arrested and charged, the courts look at the evidence presented and make a decision as to whether the accused is guilty or not guilty. If it can be proven the accused is guilty beyond any reasonable doubt, then the court must decide what kind of punishment they will receive. The punishment is decided with guidance of the Criminal Code of Canada (C.C.C.) taking into account factors surrounding the offence. Sentences may be more lenient or serve depending on the circumstances and type of offence committed.
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
Without accepting confessions as legitimate form of evidence to be used in the court of law, the justice system would be in complete disarray what with most suspects making confessions to the police, also having a high likelihood of going on to be convicted. Confessional evidence is of great importance seeing as it is one of the exceptions to the hearsay rule. Although it is of high regard in evidential law, it would be naïve to say that the law on confessions is down to perfection, especially with such high-profile cases such as the Guildford four or Birmingham six which brought to the surface the potential possibility of fabrication by police and perversion of the use of confessional evidence to bring about a certain result in a case. While known as the most powerful form of evidence to be adduced, it is also known as the “best and worst form of evidence” to deal with. Whether the implementations of the Police and Criminal Evidence Act has succeeded to remedy the dilemmas in respect to confession is up for discussion.
The “golden thread” of English common law is that “No matter what the charge … the principle that the prosecution must prove the guilt of the prisoner.” This is a fundamental legal principle because it ensures that if there is reasonable doubt about a person’s guilt, they are not wrongly convicted and sentenced for the crime. We agree with the court’s assessment because, in the past the law originally stated that a person is guilty until proven innocent, which caused a lot of false convictions. 6. The Narcotic Control Act passed the first part of the Oakes Test because the drug trafficking problem was considered a grave danger to society that warranted the overriding of a Charter right.
In 1983, the office of the director of public prosecution, also known as DPP, was established. The DPP is a “high-volume criminal law practice” that relies on barristers that focus on criminal law “The overarching role of a public prosecutor is to prosecute serious crimes that are committed inside Victoria; murders, cases that involves serious drug trafficking, cases involving sex offenses, fraud and cases of assault.” Moreover, their role in these robust cases are to be able to carry them out in a fair and ethical way and see that justice is done to all parties in the process. The concept behind this establishment was to move the decision making of criminal prosecution from the government to an independent party. One of the most challenging roles of the DPP is to decide whether a case can continuing moving forward or it will be stopped, settled or downgraded.
Within America we have a three part criminal justice system. Including law enforcement, the judiciary, and corrections branches. First I will discuss law enforcement. Local, state and federal law enforcement has around 750,000 sworn officers (Zumbrun, 2014). Preventing crime, commanding control, apprehensions, defending and keeping the peace, are examples of what these officers do within our law enfacement system. law enforcement rely on the public for support just like the public rely on the officers for help and safety. “how police interact with individuals and suspects within a community, and how police respond to community concerns affect their ability to police efficiently. Without community support, police effectiveness suffers”(Wright,
there is evidence supporting it, the Crown Prosecutor, not the person. who complains of the incident, prosecutes it in the courts. This is called a system of public prosecutions. Long ago the person who had wronged, prosecuted the case. The power to prosecute privately.