3.1 - Explain the role of agencies in social control Flashcards
(98 cards)
1
Q
Name the 6 Government Sponsored Agencies
A
- Police
- CPS
- Judiciary
- Prisons
- Probation
- Charities and Pressure Groups
2
Q
What are the aims and objectives of the police?
Aims and Objectives:
A
Keep the peace and maintain order, protect life and property, prevent, detect and investigate crime, and bring offenders to justice.
3
Q
What legal powers do the police seek to achieve their aims?
Aims and Objectives:
A
Statutory powers under the Police and Civil Evidence Act 1984 (PACE) such as arrest, detention, search, and interview.
4
Q
What actions can the police take in relation to crime?
Aims and Objectives:
A
Stop, question, search, arrest, detain in a police station, and interview a member of the public.
5
Q
What is the primary source of funding for police?
funding
A
Primarily from government grants raised by taxes including council tax.
6
Q
What was the total police budget in 2018/19?
funding
A
The total police budget was £12.3 billion.
7
Q
What are the three sources of police funding?
funding
A
1) About two-thirds from central government
2) Most of the rest comes from local council tax
3) A small amount comes from charging for services, e.g., football matches.
8
Q
How much has police funding fallen between 2010 and 2018?
funding
A
Funding has fallen by 19%.
9
Q
How many police officers were there in England and Wales in March 2019?
funding
A
There were just over 123,000 police officers.
10
Q
How many police officers were lost between 2010 and 2018?
funding
A
There was a fall of 20,000 police officers during the same period.
11
Q
Who set up the Metropolitan Police force and in what year?
Philosophy:
A
Sir Robert Peel set up the Metropolitan Police force in 1829.
12
Q
What is the basic mission of the police according to Peel’s philosophy?
Philosophy:
A
The basic mission of the police is to prevent crime and disorder.
13
Q
What does Peel’s philosophy state about the police’s ability to perform their duties?
Philosophy:
A
The police’s ability to perform their duties depends on public cooperation and approval.
14
Q
According to Peel’s philosophy, when should physical force be used?
Philosophy:
A
The use of physical force is a last resort.
15
Q
What is the police’s duty as per Peel’s philosophy?
Philosophy:
A
The police’s duty is to impartially serve the law.
16
Q
What does Peel’s philosophy say about the relationship between the police and the public?
Philosophy:
A
The police are the public and the public are the police.
17
Q
How does Peel’s philosophy describe the role of police officers?
Philosophy:
A
The police are just citizens in uniform, paid to do full-time what all citizens must do-uphold the law.
18
Q
Where is Peel’s philosophy embedded?
Philosophy:
A
Peel’s philosophy is embedded in the Police Code of ethics.
19
Q
What does the Police Code of ethics stress about police officers?
Philosophy:
A
It stresses that the police are public servants.
20
Q
What do police officers need to maintain in order to perform their duty?
Philosophy:
A
They need to maintain and respect the support of the public.
21
Q
Police - National and Local Reach
Working Practices
A
- In the UK today there are;
- 39 regional police forces in England and 4 in Wales.
- One police force for Scotland and one for 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.
22
Q
Police - Types of criminality and offender
Working Practices
A
- The police will deal with all types of offences and offenders.
- Some specialist law enforcement agencies will deal with certain types of criminals and crime.
- For example, HM revenue and customs deals with tax evasion and tax fraud.
23
Q
Police - General Duties
Police Duties
A
- Patrolling the “beat” or local area
- Work with local community
- Responding to public calls for assistance-routine and emergency
- Securing crime scenes
- Gathering evidence from witnesses
- Apprehending offenders
24
Q
Police - Specialist Policing
Police Duties
A
- There are special departments within the police with specialist duties;
- CID-criminal investigations department
- Fraud and drugs squad
- Special Branch
25
Specialist Policing - Some forces also have;
| Police Duties
* Covert operations and surveillance teams
* Traffic and mounted police,
* Air support
26
Police - Specialist Policing - Other specialists may work on a national level;
* Metropolitan Police eg SO15, counter terrorism command - SO stands for Special Operations
* Police Community Support Officers have limited powers.-deal with anti-social behaviour.Eg. They may offer fixed penalty notices for littering They can ask police officers to arrest a person.
27
CPS - Aims and Objectives:
* This is the main prosecutor in England and Wales.
* It was set up in 1986 under the Prosecution of Offences Act 1985.
* It took over the prosecuting role from the police to prevent the risk of bias.
* The police can still prosecute some very minor offences but the CPS prosecutes serious and complex cases.
28
6 roles of the CPS:
| Aims and Objectives:
* It advises the police in their investigations about lines of inquiry and the evidence needed to build a case.
* It independently assesses evidence submitted by the police.
* It keeps cases under continuous review.
* It decides whether to prosecute and which charges should be brought.
* It prepares the case for the prosecution and presents it in court, using it’s own lawyers and self-employed specialists.
* It assists, informs and supports victims and prosecution witnesses.
29
What is the primary source of income for the CPS?
| Funding:
Most of the income comes from the Government.
30
What is the annual budget of the CPS?
| Funding:
The budget is around half a billion pounds per year.
31
How does the CPS recover some costs?
| Funding:
The CPS recovers some costs when the court is awarded costs against defendants.
32
What assets can the CPS recover?
| Funding:
It can also recover assets confiscated from criminals.
33
CPS - What significant funding cuts occurred in 2018?
| Funding:
In 2018, the budget had fallen by 25%, and it had lost a third of its staff, raising concerns about its ability to carry out its role effectively.
34
CPS - Philosophy - The values that underpin the CPS are;
1. Independence and fairness-prosecuting without bias and always seeking to deliver justice
2. Honesty and openness
3. Treating everyone with respect
4. Behaving professionally and striving for excellence
5. Equality and inclusion-to inspire greater confidence in the CPS from victims and witnesses
35
CPS - Types of criminality and offender
| Working Practices:
* The CPS deals with the majority of offences and offenders-except very minor offences.
* They deal with all serious offences.
36
CPS - Local and National
Reach
| Working Practices:
* This is a national body throughout England and Wales.
* There are 14 regional teams prosecuting cases locally.
*They are each headed by a Chief Crown Prosecutor.
* They work with local police forces and other criminal justice partners.
* CPS Direct is a virtual 15th area-it provides charging decisions to police nationwide- 24 hours a day, 365 days a year. The Evidential test
37
CPS - Decisions to prosecute: Evidential test
| Working Practices:
Prosecutors need to be satisfied that they have enough evidence to secure a conviction for the suspect.
They need to decide if evidence is;
1. Admissible - allowable in court. It can't be hearsay.
1. Reliable and credible (believable)
If it fails the test, there can be no prosecution of the suspect
38
CPS - Decisions to prosecute: The Public interest test
| Working Practices:
Prosecutors need to decide whether the prosecution is in the public interest.
1. How serious is the offence committed?
1. What is the level of culpability of the suspect?
1. What are the circumstances of and the harm caused to the victim?
1. Was the suspect under the age of 18 at the time of the offence?
1. What is the impact on the community?
1. Is prosecution a proportionate response?
1. Do sources of information require protecting?
39
CPS - Decisions to prosecute: The Threshold Test
| Working Practices:
Even if there is not enough evidence currently available, a suspect may be charged under certain circumstances. In this case the CPS must apply for a Threshold Test:
1. There must be reasonable grounds to believe that the suspect is guilty and enough evidence could be gathered later to secure a conviction.
1. The offence is serious enough to justify immediate charging and it would be too risky to allow bail. Any decision to charge must be kept under review.
40
Judiciary - Basic aims
| Aims and Objectives:
The basic aim of the judiciary is to interpret and apply the law to the cases that come before it in the courts.
41
Judiciary - In Crown Court:
| Aims and Objectives:
The judge has to;
* manage the trial ensuring fairness to all parties
* explain the legal issues and procedures to members of the jury
* sum up the evidence
* pass sentence if the defendant is found guilty
42
Judiciary - In the appeal courts:
| Aims and Objectives:
* Judges make rulings in the appeals that come before them from the lower courts in the hierarchy.
* This may involve creating precedents through the principle of judicial precedent, which then bind the future decisions of the lower courts.
43
How is the judiciary funded?
| Funding:
Pay comes from the government.
44
What is the salary range for judges in 2018?
| Funding:
Ranges from £257,000 for the most senior judges to £110,000 for the lowest rank.
45
What organization recommends judges' salaries?
| Funding:
The Senior Salaries Review Body, an independent organization, recommends their salary and advises the government on pay for public roles.
46
Can senior lawyers earn more than judges?
| Funding:
Yes, some barristers in commercial law can earn more than £1 million, which may discourage people from becoming judges.
47
How do earnings of lawyers in criminal courts compare to judges?
| Funding:
Lawyers in criminal courts may earn a lot less than judges.
48
What is the two oaths that judges have to make?
| Philosophy:
When they are appointed judges swear two oaths:
1. The oath of allegiance:Loyalty to the Queen, her heirs and successors.
1. The judicial oath:To “do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”-They vow to treat people equally, with impartiality and according to the law.
49
Judiciary - Competence
| Philosophy:
Must have required knowledge and expertise.
50
Judiciary - Independence
| Philosophy:
Should be separate/ free from government in their decision- making.
51
Judiciary - Propriety
| Philosophy:
Strive to maintain social norms and values.
52
Judiciary - Ensuring equality
| Philosophy:
Must be non-biased in favour of one side or the other.
53
Judiciary - Integrity
| Philosophy:
Must be morally upstanding and honest.
54
Judiciary - Impartiality
| Philosophy:
So that people receive the same treatment under the law.
55
Judiciary - Working Practices: National and Local Reach
* At the most senior level, the Supreme Court has nationwide jurisdiction and settles points of law of national importance. Judges working in the lower courts such as Crown Court venues handle local cases.
56
Judiciary - Working Practices: Types of criminality and offender
* Judges deal with all types of offence and offender.
* Less serious cases are handled by magistrates, in most cases, or by cautions and fixed-penalty notices issued by the police
57
Judiciary - Working Practices: Independence
The duties of a judge uphold the principles of independence:
1. * Scrutiny of tenure: Can't be removed from office except by a petition to the Queen and passed by both Houses of Parliament. Only happened once in 1830.
1. * Salary is guaranteed: The judiciary is organised in a hierarchy.
* They can be divided into superior judges-sit in Supreme Court, Court of Appeal and High Court.
* Inferior judges sit in the Crown Courts-sometimes in a magistrates' court. Salary is guaranteed at each stage.
58
Pisons - 3 main aims and objectives
| Aims and Objectives:
1. To protect the public from harm
1. To help people who have been convicted of offences to rehabilitate so they can contribute positively to society.
1. To hold prisoners securely and implement sentences and orders of the court.
59
How does the Government fund prisons?
| Prison Funding:
The Government funds prisons through general taxation.
60
What was the total budget for prisons in 2018?
| Prison Funding:
The total budget for prisons in 2018 was approximately £3 billion, which is 16% lower than in 2010.
61
What impact did budget cuts have on staffing levels?
| Prison Funding:
There was a 15% reduction in the number of prison officers between 2010 and 2018.
62
What percentage of officers had less than 2 years’ experience in 2018?
| Prison Funding:
A third of officers in 2018 had less than 2 years’ experience.
63
Prison - Philosophy:
| Philosophy:
HM Prison and Probation Service (HMPPS) is the government agency responsible for UK prisons.
It’s purpose is to “preventing victims by changing the lives of offenders.”
64
Prison - National and Local
| Working Practices:
The prison service is organised nationally.
When sentenced to prison, the offender will first be placed in a local prison.
They are then classified based on a risk assessment-this may result in them being moved to a prison elsewhere.
1. Closed Prisons:
* Category A: Those who escape would be highly dangerous to the public eg murderers, terrorists, rapists.eg Belmarch
* Category B: Do not require max security but for whom escape still needs to be made very difficult eg Pentonville
* Category C: Cannot be trusted in open conditions but unlikely to try and escape.eg Dartmoor
1. Open Prison:
* Category D: Can be reasonably trusted not to escape. Eg Askham Grange
65
Prison - Types of criminality and offender
| Working Practices:
* The prison service deals with high risk offenders.
* The range of crimes they have committed varies- theft to murder.
66
Prison - Public and Private Sector
| Working Practices:
* 2019:
122 prisons-holding 82,000 prisoners
108 public sector prisons, 14 private sector prisons.
Private sector prisons are run by Sodexo, Serco and G4S.
* 2016:
A riot at HMP Birmingham led to this G4S prison being returned to the public sector in 2019.
67
Prison - Attempted escapes
| Working Practices:
* If a prisoner tries to escape they are put on an escape list and made to wear yellow clothing- nicknamed banana suits.
* They change cells frequently and have to have some clothes and belongings removed at night.
68
Prison - Activities and Routines
| Working Practices:
* In 2018 the Chief Inspector of Prisons criticised the rehabilitation and activities in prisons.
* It was claimed that half the prisons inspected did not have programmes of useful activities.
* Only two-fifths of prisons offered good to reasonably good activities compared with two-thirds in 2009-10.
* The explanation for this was a reduction in numbers of police officers.
69
Prison - Incentives and earned privileges-IEPs
| Working Practices:
* They are rewards given to prisoners that follow the rules.
* There are 3 levels; Basic, Standard and Enhanced.
* On entry prisoners are placed on the standard level.
* Poor behaviour will move you to the basic level and good behaviour to the enhanced level.
* You may have access to more money or a TV above the basic level.
70
Probation - What is the NPS?
| Aims and Objectives:
The NPS is “ a statutory criminal justice service that supervises high-risk offenders released into the community and provides statutory support to victims of serious sexual or violent crime.”
71
Probation - What is their priority?
| Aims and Objectives:
Its’ priority is to protect the public by rehabilitating offenders, by tackling the causes of their offending and enabling them to turn their lives around.
72
Probation - Partnerships:
| Aims and Objectives:
* The NPS builds partnerships with the courts, police and partners in the private and voluntary sectors to manage offenders.
* Private sector companies include community rehabilitation companies (CRCs) such as Sodexo Justice Services.
* CRCs provide probation services for low to medium risk offenders.
73
Probation - 2 types of client
| Aims and Objectives:
The probation service has 2 types of client;
1) Offenders serving a sentence in the community
2) Offenders who have been released on licence from prison before the end of their sentence.
74
Probation - Community sentence client
| Aims and Objectives:
Offenders serving a sentence in the community:
They may have been given a Community Order by the court.
This may include;
1. * Up to 300 hrs unpaid work *
1. Curfew or exclusion order or a residency requirement. *
1. Group programme- eg. anger management
75
Probation - Prison sentence client
| Aims and Objectives:
Offenders who have been released on licence from prison before the end of their sentence.
* Prisoners serving 12 months or more are normally released halfway through their sentence.
* They are released on licence which has requirements attached-
* eg. Group programmes to deal with substance abuse-it is supervised by the NPS.
76
What is the source of funding for HMPPS?
| Probation Funding:
The government provides the funding for the HMPPS from general taxation.
77
What was the overall budget for HMPPS in 2018?
| Probation Funding:
The overall budget for the HMPPS was £4.6 billion.
78
What are CRCs and how are they funded?
| Probation Funding:
CRCs are private businesses that have contracts with the MOJ to provide probation services and have targets to meet before being paid.
79
What issue has been reported regarding CRCs?
| Probation Funding:
19 of the 21 CRCs have missed their targets and have a poor record of monitoring offenders.
80
What did the House of Commons Public Accounts Committee believe about CRC spending?
| Probation Funding:
In 2018, they believed £342m had been spent on CRCs without any benefit.
81
What are the government's plans for the probation service?
| Probation Funding:
The Government plans to renationalise the probation service into 10 English regions with an NPS division and one CRC.
82
How will probation services be managed in Wales?
| Probation Funding:
In Wales, NPS will manage all offenders.
83
Probation - 3 core values and ethical principles:
| Philosophy:
1. The belief that offenders can change for the better and become responsible citizens.
1. Believe in the worth and dignity of the individual.
1. Commitment to social justice , social inclusion and equality and diversity.
84
Probation - National and Local Reach
| Working Practices
1. NPS is a national service.
1. It provides the same standards across the country but delivers services on a local level.
1. The NPS replaced the 35 probation trusts in 2014.
1. The probation service for England Wales is now divided into 7 areas.
85
Probation - Types of criminality and offender
| Working Practices
1. Around 250,000 offenders are on probation.
1. In 2018 40% were supervised by the NPS and 60% by CRCs.
1. Offenders monitored by CRCs are seen to be safe enough to serve their sentence in the community.
86
Probation - Responsibilities
| Working Practices
1. Preparing pre-sentence reports for courts, to help them select the most appropriate sentence for the individual offender.
1. Managing approved premises for offenders whose sentence includes a residence requirement eg they must live in supervised accommodation.
1. Assessing prisoners to prepare them for release on licence back into the community-at which point they come under NPS supervision.
87
Charities & Pressure Groups - Aims and Objectives:
| Aims and Objectives:
1. These are voluntary, non-profit organisations.
1. They are independent of Government control.
1. They aim to promote the interests and welfare of groups they are concerned with eg victims and ex-offenders.
1. Charities are set up to help those in need.
1. Pressure groups campaign for change (see Unit 1)
1. Some groups are both a charity and a pressure group.
88
Charities & Pressure Groups - Example: NACRO:
| National Association for the Care and resettlement of Offenders(NARCO)
* It is both a charity and a pressure group.
* It was founded in 1966.
* It is a social justice charity.
* It seeks to change lives, strengthen communities and prevent crime.
* It aims to overcome the stereotyped view of the ex-prisoner.
89
Charities & Pressure Groups - It provides a range of services including;
| National Association for the Care and resettlement of Offenders(NARCO)
1. HOUSING: NACRO has over 3000 tenants in it’s own properties.It provides bail accommodation and support services.In 2018, 2600 people left custody with secure accommodation.
1. EDUCATION: In 2018 4,900 people studied through it’s services.
1. RESETTLEMENT ADVICE: Provide information and advice to offenders and those working with them on housing and jobs.
1. OUTREACH PROJECTS: Stop young people offending
90
Charities & Pressure Groups - NACRO also acts as a Pressure Group
| National Association for the Care and resettlement of Offenders(NARCO)
1. It campaigns to change laws and policies affecting ex-offenders.
1. Eg the campaign to reform the Rehabilitation of Offenders Act 1974.
1. It also supports Ban the Box- it aims to remove the tick box on criminal convictions that appear on job
1. application forms to allow ex-offenders to fairly compete for jobs.
91
Charities & Pressure Groups - Funding:
| National Association for the Care and resettlement of Offenders(NARCO)
* Nacro has an income of £50m a year.
* The funding comes from public donations, government grants and contracts for providing services for ex-offenders and others.
92
Charities & Pressure Groups - National and Local Reach
| National Association for the Care and resettlement of Offenders(NARCO)
## Footnote
Working Practices:
1. It is a national organisation with local activities and projects in around 50 different parts of England and Wales.
1. It has a large full-time staff and many unpaid volunteers.
93
Charities & Pressure Groups - Types of criminality and offender
| National Association for the Care and resettlement of Offenders(NARCO)
## Footnote
Working Practices:
NACRO works with a range of ex-offenders.
1. It works with young people at risk of offending too eg excluded pupils
1. It is concerned with the needs of disadvantaged young people and adults
94
Charities & Pressure Groups - Aims & Objectives:
| Howard League for Penal Reform
* The oldest penal reform charity in the UK is the Howard League for Penal Reform
* It aims to transform prisons and work with parliament, the media an other agencies of the CJS. Hence it is also a pressure group.
95
Charities & Pressure Groups - Philosophy:
| Howard League for Penal Reform
* Sets it philosophy of: less crime, safer communities and fewer people in prison.
96
Charities & Pressure Groups - Funding:
| Howard League for Penal Reform
* It is entirely independent of the government & is funded by voluntary donations.
97
Charities & Pressure Groups - National and local reach
| Howard League for Penal Reform
* It successfully ran a campaign to reduce criminalisation of children and worked closely with the police in E&W resulting in a 58% reduction of child arrests between 2010 and 2015.
* Other campaigns have included ‘Books for Prisoners’. They also successfully challenge the government to apply the Children Act 1989 to children in custody.
98
Charities & Pressure Groups - Type of criminality and offender
| Howard League for Penal Reform
* All criminals
