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Unit 4~crim > 3.1 > Flashcards

3.1 Flashcards

1
Q

What are the aims and objectives of the police

A

-keep the peace and maintain order
-protect life and property
- prevent, detect and investigate crime
- bring offenders to justice
-reduce crime
(Police seek to achieve these aims using the powers stated under PACE)

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2
Q

What is the philosophy of the police (summed by Sir Robert Peel 1829)

A

-Basic mission is to prevent crime and disorder
-their ability to perform their duties depends on the public’s cooperation and approval
-physical force is the last resort
-to impartially serve the law
-the police are the public and the public are the police. The police are just citizens in uniform, paid to do full-time what all citizens must do, uphold the law

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3
Q

Peel’s principles are embedded in the Police Code of Ethics. What does the Police Code of Ethics stress?

A

Stresses that the police are public servants who need to maintain the respect and support of the public in order to perform their duty

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4
Q

What does the police code of ethics include?

A

Honesty and integrity
Authority, respect and courtesy
Equality and diversity

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5
Q

What is the police’s funding? (statistics)

A

In 2018/19 the total police budget was £12.3 billion.
In 2022/23 £16.9 billion

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6
Q

Where does police funding come from?

A

3 sources:
- 2/3 from central government
- most of the rest comes from local council tax
- A small amount comes from charging for services such as policing football matches

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7
Q

What has happened to police funding in recent years ? What did this lead to?

A

Police funding has fallen in recent years E.g. between 2010 and 2018, it fell by 19%.
This led to a fall in police numbers of 20,000

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8
Q

Police working practices:
What are the types of criminality and offender do the police deal with?

A

The police deal with virtually all types of offences, although some specialist law enforcement agencies do deal with certain crimes and criminals.

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9
Q

Police working practices:
Explain the police’s national and local reach

A

In the uk today there are:
-43 regional police forces in England and Wales, 4 in Wales e.g. the Metropolitan Police, South Wales police
-One police force in Scotland and One in Northern Ireland
- There are also specialist police organisations with Uk-wide reach such as the National Crime agency, the British Transport police and the border force

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10
Q

What are the aims and objectives of the CPS

A
  • to advise the police in their investigation about lines of inquiry and the evidence needed to build a case
  • independently assess evidence submitted by the police
  • keep cases under continuous review
  • decide whether to prosecute and what charges should be brought
  • prepare the prosecution case
  • present the case in court with their own lawyers
  • Assists, informs and supports victims and prosecution witnesses
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11
Q

What is the philosophy and values of the CPS

A
  • independence and fairness
  • honesty and openness
  • treating everyone with respect
  • behaving professionally and striving for excellence
  • equality and inclusion
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12
Q

CPS funding:
What is the CPS’s budget

A

Around £557 million per year

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13
Q

CPS funding:
Where does the CPS’s funding come from?

A

Most income comes from the central government. Additionally, the CPS can recover some of their costs when they win cases

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14
Q

CPS funding:
How has CPS’s funding changed over the years and what is the impact of this ?

A

40% budget cut in 2010, then between 2010 and 2019 there was an average cut of 25%. Then increased by £85 million in 2019.
Impact:
-5,000 people awaiting trial at Crown Court
-CPS staff went from 80,000 in 2010 reduced to 5,500 in 2018 (hired 562 in 2022)
So less social control as less criminals convicted and only certain crimes/cases will be prioritised (so crimes not prioritised may be committed more)

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15
Q

CPS Working practices:
What is used for decisions to prosecute

A

Full code test + threshold test
Full code test:
1- Evidential test- is there enough to secure a realistic prospect of conviction
2- The public interest test- is the prosecution required in the public interest

Threshold test:
Used when it wouldn’t be appropriate to release the suspect, but the full code test has not been met

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16
Q

CPS Working practices:
What type of criminality and offender do CPS deal with?

A

Deal with all crimes except very minor offences. They take responsibility for serious offences.

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17
Q

CPS Working practices :
What is the national and local reach of the CPS?

A
  • national body for England and Wales
  • 14 regional areas
  • Each one has a Chief Crown Prosecutor
  • Works closely with local police forces and Criminal Justice partners
  • Also direct a 15th ‘virtual’ area- giving charging decisions nationwide, 24/7 365 days a year
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18
Q

CPS working practices:
Who is the head of CPS?

A

Max Hill (DPP=director of public prosecutions= in charge of all chief Crown prosecutors)

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19
Q

What are the prisons aims and objectives?

A
  • to protect the public from harm
  • to help people who have been convicted of offences to rehabilitate so they can contribute positively to society
  • to hold prisoners securely and implement the sentences and orders of the court
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20
Q

Prisons philosophy:
What is the HM Prison and Probation service (government agency responsible for UK prisons) philosophy/purpose ?

A

Their purpose is ‘preventing victims by changing the lives of offenders’

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21
Q

Prison funding:
What is the prison funding and where does it come from?

A
  • In 2022 the total budget was just over £6 billion
  • paid for by the government out of general taxation
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22
Q

Prison funding:
How has prison funding changed over the years?
What is the UK prison population?
What impact does this all have?

A
  • 2010-2018 austerity cuts 40% decrease
  • 2018 increases by 20% (20% decline overall)
  • 2019 onwards- in real terms 5% increase since 2010
  • 15% budget reduction between 2015-2020 despite a 20% rise in prison population. Increased from 2022
  • budget cut has resulted in staffing cuts- 15% fall in prison officers from 2010-2018
  • Prison population uk= 95,500 (highest it’s ever been and more than doubled since 1993)
  • impact- overcrowding, low quality food, lack of hot water (lack of resources), less rehabilitation programmes
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23
Q

Prison funding:
What is the average cost of a prison place in the Uk?

A

£46,696 (2022)

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24
Q

What is the issue with private prisons?

A

They are private business so they’re about making money and so will cut staffing costs, electricity, food, rehabilitation programmes, etc as focused on making a profit. This leads to higher reoffending rates and violence within private prisons
(E.g. Birmingham prison riot 2016)

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25
Q

Prisons working practices:
How many prisons are in England and Wales?
How many does the HM prison service run?
What companies run prisons privately?

A
  • 122 prisons in England and Wales
  • HM prison service runs 105
  • Serco, Sodexo, G4S run prisons privately
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26
Q

Prisons working practices:
Describe a catergory A prison

A
  • High security
  • Prisoners are those that would pose the most threat to the public, the police or national security should they escape. Prison staff think they will harm someone outside prison/might try escape
  • Example: Manchester prison
  • Run by: HM prison service
27
Q

Prison working practices:
Describe a category B prison

A
  • Prisoners have an escape risk and are a threat to society if they do but not as severe as category A prisoners.
  • Local and training prison: hold people that are on remand and people who are sentenced for a long time
  • Example: Birmingham
  • Run by: was G4S now run by HMP
28
Q

Prison working practices:
Describe a category C prison

A
  • Prisoners are low risk to public but not trusted to be allowed out in open
  • Low risk of escaping
  • Example: Brixton
  • Run by: HMP
29
Q

Prison working practices:
Describe a category D prison

A
  • Open condition- can leave prison to go to work
  • Example: Layhill
  • Run by: HM prison service
30
Q

Prison working practices:
What types of criminality and offenders do prisons deal with?

A

The prison service deals with higher risk offenders who are deemed unsuitable to serve their sentence in the community

31
Q

Prison working practices:
Explain the national and local reach of prisons

A
  • Nationally organised
  • When sentenced, an offender is first placed in a local prison
  • They are then risk assessed and given a classification
  • They can then be moved to a more appropriate prison elsewhere
32
Q

Prison working practices:
What do prisons actually do?

A
  • Get inmates to behave in prison
    -respect rules such as not assaulting officers or other inmates, attending education and rehabilitation sessions, not use drugs or banned items such as mobile phone
  • Rehabilitate inmates so they don’t reoffend when they are released by educating them, tackling their mental health and attitude issues, giving them skills
  • Keep offenders off the streets so they can’t commit offences against others (public protection)
  • Punish them by keeping them away from family and friends to show them there are consequences of crime
33
Q

Prison working practices:
How do prisons achieve what they actually do ?

A
  • token economies- Skinner’s operant learning theory (a behavioural tactic)
  • positive sanctions- IEP scheme- can earn more privileges such as having a TV or more phone calls
  • prison rules and phased discipline (negative sanctions) such as losing social time or visits or going in to solitary
  • rehabilitation programmes
  • prison design- surveillance
34
Q

Prison working practices:
What are Incentive and earned privileges (IEP)?
What are the 3 IEP levels ?

A
  • rewards that prisoners can earn by keeping to the rules
  • 3 IEP levels:
    -basic- for those who have not abided by the prison rules and standards.These prisoners can only have the things that the law allows (E.g. some letters and visits, nothing extra)
    -standard- for those who have abided by the behaviour principles. This means that they may be allowed more visits and letters, or have a tv in their cell or spend more of their money
    -enhanced- for prisoners who demonstrate required types of behaviour to a consistently high standard. They may be allowed to wear their own clothes, have more visits, a TV in their cell, or spend more of their money
35
Q

What is the National Probation service’s aims and objectives?

A
  • To supervise high risk offenders who have been released into the community
  • to support victims of serious sexual and violent crime
  • to protect the public by rehabilitating offenders-by tackling the root cause of their offending so they can turn their life around
36
Q

What variety of organisations does the National probation service work with to manage offenders ?

A
  • police
  • local councils
  • voluntary partners and those in the private sector (e.g. Sodexo Justice Services)
37
Q

The National probation service philosophy:
What does The National Probation Service say it’s values and philosophy are ?

A
  • the belief that offenders can change for the better and become responsible members of society
  • belief in the worth and dignity of the individual
  • commitment to social justice, inclusion, equality and diversity
38
Q

The National Probation Service working practices:
How many offenders are there at any time on probation?

A

At any time there are about 250,000 offenders on probation

39
Q

The National Probation Service working practices:
What types of offenders do The National Probation Service deal with?

A
  • includes: those who are serving their sentence in the community instead of prison and those who have been released on licence from prison
    (Those serving sentences of up to two years must spend at least a year on probation. Those with longer prison sentences may be released on licence after their minimum and spend the rest on probation)
40
Q

The National Probation Service funding:

The National Probation Service is part of the “HM Prison and Probation service” and the funding to them both is shared

What was their annual budget?

A

In 2018 the annual budget was £4.6 billion

41
Q

The probation service was made up of many community rehabilitation companies, who the Ministry of Justice gave contracts to.

Describe how these worked, the issues they had and the outcome of their use

A
  • they were paid for meeting rehabilitation targets stipulated in their contracts
  • However, so many of them missed their targets and were even supervising offenders by the phone
    – In 2018 a government report found that £342 million had been spent on these CRCs with no clear benefit.
    – So in 2020 the government ended all private sector contracts for probation services and the service is now back in public control
42
Q

The National Probation Service working practices:
What do the probation service do?

A
  • Prepare pre-sentence reports for the court, which helps the court to give the most appropriate sentence for that offender
  • managing lodgings for any offenders who have to live in supervised accommodation (E.g. sex offenders)
  • Assessing prisoners to prepare them to be released on licence into the community
  • Ensuring that all requirements ordered by the court are adhered to and reporting back if not (so the offender can be recalled)
  • communicating with the victims of the offender (in case of it being a serious violent or sexual crime, where the prison sentence is of 12 months or more)
43
Q

Explain The National Probation Service’s reach

A
  • the national probation service is a national service (set up in 2014), this means that they work to the same standards and guidelines
  • it’s split up into 12 regions, each responsible for a different area
44
Q

What is the judiciary’s aims and objectives in the Crown Court and Appeal courts ?

A
  • Interpret and apply the law to cases
  • Crown Court:
    -manage the trial
    -ensure fairness
    -explain legal issues and procedures to the jury
    -sum up the evidence
    -pass sentences
  • Appeal courts:
    -make rulings on the appeals
    -create binding precedent
45
Q

Judiciary philosophy:
Where does the 2020 guide to judicial conduct gain their key principles from?

A

The Bangalore Principles of Judicial conduct

46
Q

Judiciary philosophy:
What are the 6 key values/principles of judicial conduct?

A
  • judicial independence: judges should be independent and free from government interference. Upholds the rule of law
  • impartiality: not showing favour to one side
  • integrity: honesty and strong morals
  • propriety: upholding society’s accepted standards of behaviour
  • ensuring equal treatment
  • competence: knowledge and ability to do the job
47
Q

Judiciary working practices:

What is the judiciary?

A

All UK judges collectively

48
Q

Judiciary working practices:

What is the difference between criminal and civil law?

A
  • Criminal law deals with crimes against the state, end goal is some form of sentence to ‘punish’.
  • Civil law deals with relationships between individuals and groups
49
Q

Judiciary working practices:

What is the court of appeal usually concerned with?

A

The court of appeal is usually concerned with clarifying the meaning of law

50
Q

Judiciary working practices:

What is meant by judges should be apolitical?

A

Judges shouldn’t get involved with matters of politics, only matters of law

51
Q

Judiciary working practices:

What is security of tenure?

A

Open ended term, must retire at 75, cannot be bribed with the loss of a job

52
Q

Judiciary working practices:

Explain what is meant by their salary is
guaranteed

A

The government bank account with funding for the salaries of judges is controlled by the Bank of England not the government.
This helps stop bribery.

53
Q

Judiciary working practices:

What types of criminality and offenders do the judiciary deal with?

A
  • all types of offences and offenders
  • least serious cases go to the magistrates, receive cautions or receive fines
54
Q

Explain the National and local reach of the judiciary

A
  • at the most senior level, the Supreme Court has nationwide jurisdiction
  • Judges in the Crown Courts handle local cases
  • security of tenure
  • guaranteed salary
55
Q

Judiciary funding:

Who makes recommendations to the Prime Minister and the Lord Chancellor on how much judges should be payed?

A

The Senior Salaries Review Body

56
Q

Judiciary funding:

What does the most senior judge receive in comparison to the lowest ranking judges?

A

In 2021, the most senior judge received £267,509 and the lowest ranking judges (district judges) earned £19,217

(Although this is higher pay than most average wages, it’s significantly less than some senior lawyers. Some experienced Corporate Barristers can earn £1 million per case. Although, Criminal Barristers earn much less than this).

57
Q

Charities and pressure groups:
What does Nacro stand for?

A

Nation Association for the care and resettlement of offenders

58
Q

Charities and pressure groups:

What is Nacro’s aims and objectives?

A
  • Self described as a social justice charity wanting to change lives, prevent crime and strengthen communities
  • aims to provide practical help and personalised support through education, housing, justice and health and well-being services
59
Q

Charities and pressure groups:
Explain Nacro’s philosophy

A

Believes that everyone deserves:
-a good education
-a safe and secure place to live
-the right to be heard
-the chance to start again
with support from someone on their side

60
Q

Charities and pressure groups:

What is Nacro’s funding and where does it come from?

A
  • Income of around £60-70 million a year in the last few years
  • funding comes from public donations, government grants and contracts for providing services for ex-offenders
61
Q

Charities and pressure groups:
Nacro’s working practices

What type of criminality and offender does Nacro deal with?

A
  • Nacro works with a range of ex-offenders, like those released from prison
  • they also work with young people at risk of offending, like those excluded from school
62
Q

Charities and pressure groups:
Nacro’s working practices
What does Nacro’s services include?

A
  • housing: they house 3,000+ tenants in properties, as well as providing bail accommodation and support services
  • education- in 2018, 2,900 studied through Nacro’s education services
  • resettlement advice- provides support/advice about work, education and accommodation to those with criminal records
  • outreach projects- prevent young people offending
63
Q

Charities and pressure groups:
Nacro’s working practices

What does Nacro campaign for?

A

Nacro campaigns to change laws/policies affecting ex-offenders, like the campaign to reform the rehabilitation of Offenders Act 1974 and criminal record checks

64
Q

Charities and pressure groups:
Nacro’s working practices

What campaign does Nacro support and what does this campaign aim to do?

A

-The Ban the Box campaign
- aims to enable people with convictions to compete for jobs by removing the tick box for convictions when filling a job application

Unit 4~crim (11 decks)

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