Understand the legal framework that criminal law investigators must adhere to in order to secure a criminal conviction Criminal justice system (523) UNIT 4 AC 1.3 Models Of Criminal Justice – YouTube Assessment • Three internally assessed units Learning aim A: Understand the legal framework that criminal law investigators must adhere to in order to secure a criminal conviction Criminal justice system Lesson 1 What does C.R.I.M.E stands for? • Custody - If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned • Rights – legislations that protect your rights: PACE , HRA, DPA, RIPA protection, youth justice and crim • Investigation - To establish a criminal offence has been committed and what is the offence. • Management – To identify potential offenders charging and preparation of the case • Evidence – generated by the offence may present itself in a number of different format: witness, victims, suspects, forensic Stages in a criminal investigation • After a crime has been reported to the police , the next stage is investigation. The police gather evidence. Giving a statement to the police or coming forward as a witness. The police may ask you to tour the area where the e happened to help identify the offender. They may also ask you to look at photographs or attend an identity parade. Key personnel in criminal investigations are police officer, crime scene investigators (CSI), forensic scientists, forensics pathologist. • Once the police have completed their investigation, the case is passed to the Crown Prosecution Service (CPS) who decide whether to charge the suspect. . The difference between the police and the CPS • The police: The police arrest and question, they gather evidence and take witness statements. • The CPS: The CPS is responsible for charging and prosecuting, they decide if the evidence is good enough to go to court. https://www.cps.gov.uk/ National Police Chiefs 'Council (NPCC) • Established on 1 April 2015 and replaces the Association of Chief Police Officers. • Works in collaboration with the National Crime Agency and the College of Policing. • The NPCC brings police forces in the UK together to help policing coordinate operations, reform, improve and provide value for money • Assistant Chief Constable and above, and senior police staff equivalents Key functions of NPCC • The co-ordination of national operations • Working with the National Crime Agency where appropriate. • The command of counter terrorism operations and delivery of counter terrorist policing. • The co-ordination of the national police response to national emergencies and the co-ordination of the mobilisation of resources across force borders and internationally. • The national operational implementation of standards and policy as set by the College of Policing and Government • To work with the College of Policing, to develop joint national approaches • on criminal justice, value for money, service transformation, information management, performance management and technology • to staff and human resource issues, including misconduct and discipline, in line with the Chief Officers’ responsibilities as employers The college of policing • The College of Policing is a professional body for everyone working across policing. It is an operationally independent arm's-length body of the Home Office. • Information and support for frontline policing to provide consistency and a better service for the public. Based on a wide range of evidence from police forces and experts. • https://www.college.police.uk/ Stages in a criminal investigation: college of policing • Investigation (college.police.uk) https://www.app.college.police.uk/appcontent/investigations/?s= • Investigation The Code of Practice to the Criminal Procedure and Investigations Act 1996 (CPIA) defines a criminal investigation as: An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it. Investigators conducting an investigation should impartially follow all reasonable lines of enquiry to gather material which points both towards and away from a suspect. This process may result in the suspect being prosecuted in the courts, an out-of-court disposal or community resolution. Prosecution and case management: College of Policing • Prosecution and case management (college.police.uk) https://www.app.college.police.uk/app-content/prosecution-and-casemanagement/ What is the difference between a civil offense vs. criminal offense? • Civil offenses involve violations of administrative matters. Civil law is a law that deals with disagreements and disputes involving one party and another. Examples of civil offenses which affect an individual or corporation include: • • • • • Personal injury, including road traffic accidents or medical negligence Family law, such as divorce disputes and child custody arrangements Property damage, or payments Employee Disputes over contracts, discrimination or unfair dismissal Landlord and tenant cases • Criminal cases are related to crimes that affect society and come with larger and more severe punishments. Criminal law compacts with individuals who committed an offense against another individual. Examples of criminal offenses which affect society include: • • • • • Murder and manslaughter Drug dealing, money laundering, and fraud Assault, including sexual assault and battery Criminal damage or arson Burglary and theft Civil or Criminal? • Worksheet Adversarial versus inquisitorial systems What is the adversarial system? Crime control, discover the truth and discover the fact of true, police have lots of power What is the inquisitorial system? Due process model, fundamental fairness of the law, limited police power The inquisitorial process can be described as an official inquiry to ascertain the truth Justice and Law: PowToon | Adversarial Vs. Inquisitional systems - Bing video Adversarial versus inquisitorial systems The adversarial system The inquisitorial system Aims to settle disputes through the arguments of advocates for the parties to a case. The Judge act as the referee between the defence and prosecution. The judge do not argue with attorneys or challenge evidence. Aims to settle disputes through the extensive investigation and examination of all evidence by the judge. The judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary. Which system do you think the English legal system is based on? The English legal system is based on the adversary principle. The inquisitorial system being prevalent in mainland Europe Adversarial versus inquisitorial systems • Class discussion • Read the implications of both systems from the police and accused view. (below) • Evaluate the adversarial and inquisitorial systems of justice. • Which system do you prefer? • Worksheet about the adversarial vs inquisitorial system. • The fundamental principle of British justice is that people are innocent until proven guilty and this is important for every member of the public. The police The adversarial system The inquisitorial system Both systems - The police run the investigation, gather evidence for both parties (the prosecutor and the defence) - Must need a warrant to search your home. - The police works with the court to discover the facts concerning the crime, also work closely with the prosecutor. - Have the right to search your home without a warrant. The rational is that the individual has already proven themselves to be the criminal. Can hold the accused for up to 48h without charge. - Can holds any suspect as well as interrogate them. -The police have the right to investigate and to be a part of the investigative process. -They have the right to detain and arrest The lack of judicial management in the pre-trial phase often leads to long delay between the allege offence and the trial of the case. Limited protection against infringement of rights. The accused The adversarial system The inquisitorial system Both systems - Has the right to remain silent. - Has the right to a lawyer to represent him or her. - Is considerate innocent until proven guilty. Its is a legal right of the accused in criminal trial, and so the burden of proof is upon the prosecution. The right of the accused is a crucial aspect. - Has no right to silence; silence indicate a refusal to cooperate and the judge/jury will consider this as a sign of guilt. - Has no right to a lawyer. It is the responsibility of the accused to speak and represent himself. - Is considered guilty until proven innocence. The state/authority has already decided guilt and the burden of proof is upon the accused. In a criminal trial the judge questions the accused to try to get him or her to admit the crime. - The option of bail is possible. The defendant can assist in his or her freedom to prove innocence. - The accused is guarantee the right to a fair trial and is protected from selfincrimination. It is a legal right which provides that no person be compelled in any criminal case to be a “witness against himself”. Represented by a lawyer. It protects the If you are innocent, the thorough investigation process should prove your innocence to the court. rights of individuals and the presumption of innocence, protecting citizens from potential abuses of government. The case may be decided by how experienced the lawyer is, and not by who is innocent or guilty You must represent yourself even if you are not qualified to do so. Homework – Forensic evidence •What are the effectiveness of the police officers and forensic science on the criminal justice system? OJ Simpson – The Forensics Library (aboutforensics.co.uk) Joseph Kappen – The Forensics Library (aboutforensics.co.uk) Resources • https://www.npcc.police.uk/ • https://www.nationalcrimeagency.gov.uk/ • https://www.college.police.uk/ • https://assets.publishing.service.gov.uk/government/uploads/system /uploads/attachment_data/file/931173/Criminal-procedure-andinvestigations-act-1996.pdf • https://www.cps.gov.uk/victims-witnesses
