3.4 - Evaluate the effectiveness of agencies in achieving social control

Question 1

Police - Strengths

Answer 1

• Successful community services – advice - prevent crime, keep public safe – combat anti-social behaviour
• Huge volume of cases brought to trial every year
• Specialist units eg terrorism, serious crime squad, river police, covert operations
• Willingness to change and become more effective
• Held to account by the Police and Crime Commissioner and Police Complaints Commission
• Lots of their work on underreported crimes (e.g. hate crime and domestic violence) are now being reported due to the police tackling the issues of reporting and how they handle cases.

Question 2

Police - Weaknesses(Funding)

Answer 2

• Adequate funding is a major factor in police achieving control over crime
• From 2010 the government made major cuts in police budgets and this has been a cause of police decisions to drop investigations
• With limited budgets and fewer officers, some investigations and prevention measures have been prioritised over others.
• This limits the effectiveness of the police in achieving social control because some crimes go uninvestigated

Question 3

How effective are the police in achieving social control? - CSEW

Answer 3

CSEW(Crime Survey for England and Wales): 7% fall in crime, however looks at different crimes compared to ONS & Home Office.
Most respondents to the CSEW report their local police are doing a good or excellent job.
However, the number doing so declined from 63% in 2015/16 to 56% in 2019/20.

Question 4

How effective are the police in achieving social control? - Home Office

Answer 4

Home Office: 10% increase in crime. However, it may be easier to report crime, rather than police are less effective.

Question 5

How effective are the police in achieving social control? - ONS

Answer 5

ONS(Office for National Statistics): 48% of Offences with no suspect identified however criticised by MP’s for poor quality data

Question 6

2017 Annual Report HM Inspector of Police showed:

Answer 6

• Two-thirds Domestic Abuse Practitioners (non-police) felt police’s approach had improved in last 3 years

However, report showed shortcomings in police’s performance regarding domestic abuse:
* Arrest rate falling
* Not using bail conditions to protect victims
* Staff shortages causing delays in response to incidents
* Body-worn cameras not always being used to gather evidence

Question 7

Police - Case Study: Macpherson Report 1999 into the murder of Stephen Lawrence

Answer 7

• Found the Metropolitan Police to be institutionally racist

Principle is policing by consent – if police fail to establish a positive relationship with all sections of community this will hinder investigation/solving of crimes
* Concerns continue regarding the relationship of the police to BAME groups
* Recruitment – BAME continue to be under-represented in the police
* Stop and searches – disproportionately used against BAME groups
* Tasers – disproportionately used against BAME groups

Question 8

Police - Case study: Disorder in Cromer

Answer 8

• September 2017 police admitted ‘we got it wrong’ to the residents of Cromer
• They failed to provide support to locals and classed it as ‘low-level disturbance’ but later said they had ‘misjudged’ the disorder.
• Police were ineffective and failed to support locals
• Crimes comited included rape, vandalism and disruption of bussinesses with losses of up to 2.5K for some

Question 9

CPS - Strengths

Answer 9

• Independent element to the charging and prosecution of offence
• Full code test is uniform and fair
• Promotes the rights of witnesses and victims - Due Process Model of Justice
• Advises police
• Staffed by/instructs qualified legal personnel

Question 10

CPS - Weaknesses

Answer 10

• Too closely linked to police? This can limit the objectivity of the CPS
• Relationship between police and CPS which has been troubled in the past.
• For example, controversy with the prosecution of Abu Hamza.
• Discontinuance of cases that have been investigated and prepared by the police can cause hostility between the two.
• Failure to provide evidence to defence in Liam Allan case
• CPS criticised in the case of Damilola Taylor in terms of the application of the tests
• Glidewell report found the CPS to be ineffective and inefficient
• Criticism of failure to produce a successful prosecution concerning FGM
• Some argue that the CPS shouldn’t use the likelihood of conviction as the basis for its decisions. This suggests that the Evidential Test isn’t in the interest of the public.

Question 11

Criticisms of CPS for handling of rape cases

Answer 11

• CPS accused of dropping supposedly ‘weak’ cases in order to improve rate of successful prosecution
• Criticised by experts and campaigners, who warned it was limiting victims’ access to justice
• 2014 - 2018 rape reports doubled and prosecutions fell

Question 12

CPS - Weaknesses: Budget Cuts

Answer 12

• Large budget cuts 25-30%
• Lost a third of staff
• Director of Public Prosecutions (2018)CPS cannot sustain further cuts
• Digital technology imposing heavy additional workloads on staff eg analysis of smartphones in search of evidence and to comply with rules for disclosure to the defence

Question 13

CPS - Case Study: Paul Gambaccini

Answer 13

In some cases the CPS has been liable to pay damages.
For example, the case of the radio presenter Paul Gambaccini, who was paid damages for prosecution by the CPS regarding unfounded sexual abuse charges.

Question 14

Judiciary - Strengths

Answer 14

• Authority figures ensuring trials are fair and human rights compliant
• Experienced and highly qualified lawyers
• Uses a system of precedent to ensure consistency and fairness - due process
• Application of law and rules of interpretation
• Judicial independence

Question 15

Judiciary - Weaknesses

Answer 15

Are judges out of touch?
* In 1999, Judge Francis Appleby stopped a case involving the theft of a Teletubby to ask: ‘What is that?’

Are some sentence decisions too lenient or too harsh?
* Joshua Gardner - The Croydon “Zombie Knife” attacker originally received a suspended sentence for trying to smash his way into a car to attack the driver, in 2019 his sentence was increased to 3.5years in a young offenders prison.
* London Riots (2011) showed harsh sentencing

Question 16

The Unduly Lenient Sentences scheme

How effective are the judiciary in achieving social control?

Answer 16

• Allows victims, prosecutors and members of the public to apply to the Attorney General for a sentence to be reviewed
• The scheme applies to sentences for serious offences: murder, rape, robbery, child sex crimes, human trafficking
• Very few applications are made. However…
• 2017 – 173 cases referred to the Court of Appeal – 137 had sentences increased

Question 17

Are judges biased?

How effective are the judiciary in achieving social control?

Answer 17

They tend to come from a narrow, unrepresentative section of society. Could this impact their sentence decisions?
In the media judges are often portrayed as old, upper-class males who are out of touch with modern society
* 71% male
* More than 50% over 50 years old
* BAME groups under-represented – only 5%
* 74% privately educated/went to Oxbridge
This may mean judges are biased towards people from similar backgrounds to themselves

Question 18

Judiciary - Case Study: Lavinia Woodward – Oxford University medical student

How effective are the judiciary in achieving social control?

Answer 18

Class bias in sentencing
Stabbed her boyfriend
Spared jail as she was an Oxford student seen as too bright to be wasted in jail

Question 19

Prisons - Strengths

Answer 19

• Aims to achieve social control by punishing offenders and by rehabilitating them so they can follow a crime free life on release
• Aims to exercise social control over offenders whilst they are in prison – following the rules and acting in orderly manner

Question 20

Prisons - Weaknesses

Answer 20

Many ex-prisoners re-offend and end up back in CJS (high recidivism rates)
Accused of not addressing rehabilitation needs as prisons often unable to cope with causes of prisoners’ offending
* Mental health needs
* Drug and alcohol dependency - Between 2013-16 64 deaths in prison were linked to ‘new psychoactive substances’ eg the drug ‘Spice’. 2018 Chief Inspector of Prisons reported that mandatory drug testing programme in prisons was not running effectively due to staff shortages. Drug taking undermines prison discipline and control
* Illiteracy and lack of qualifications
Short sentences = insufficient time to address complex needs

Question 21

Staff Cuts

Are Prisons effective in achieving social control?

Answer 21

• Between 2010-18 number of prison officers fell by 15% as a result of budget cuts
• More experienced officers more likely to leave
• A third had less than 2 years experience
• Riot HMP Birmingham 2016 – the worst in 25 years in a UK prison – due partly to staff shortages
• Staff shortages can make it harder to control inmate

Question 22

Overcrowding

Are Prisons effective in achieving social control?

Answer 22

• Prison population has almost doubled
• 1993 – 43,000
• 2019 – 83,000
• 2018 – 58% prisons overcrowded
• Overcrowding contributes to discontent and rule-breaking
• The adult male prison estate, at as high as 99.7% occupancy between October ’22 and August ’24, is alarmingly full.
• HMPPS says it can’t run the estate efficiently at over 95% occupancy.
• The PAC’s inquiry found that around a quarter of prisoners are sharing cells designed for one person, often with an open toilet.
• Violence is increasing, with fights between prisoners up by 14%, and attacks on staff up by 19% at September ’24.

Question 23

Probation - Strengths

Answer 23

• Focus on rehabilitation, which is key to prevent reoffending - works with offenders in attending drug rehabilitation etc.
• Working with offenders to find housing, employment etc. They oversee ‘approved housing’ for offenders.
• Academically qualified
• Highly experienced in dealing with offenders (including high risk offenders and those on community sentencing)
• Probation Services usually oversee offenders on community orders. Community orders can be more effective than short term prison sentences

Question 24

Probation - Weaknesses

Answer 24

• Not properly risk assessing offenders
• Pre-sentencing reports poorly focused
• The service struggles with effectively monitoring offenders, particularly those with potential domestic abuse or child safeguarding concerns
• Judicial satisfaction with probation services has been gradually improving, with 71.2% of the judiciary expressing satisfaction in the period from April 2023 to March 2024. However, this indicates that nearly 30% remain dissatisfied, suggesting room for improvement

Question 25

Probation - Staffing Challenges

Answer 25

The Probation Service in England and Wales faces significant understaffing and undertraining issues, leading to insufficient public safety measures. Despite the dedication of many probation officers, their efforts are often inadequate to protect the public effectively

Question 26

NPS and CRC(community rehabilitation companies)

Answer 26

* Difference in the public sector NPS and privatised sector of community rehabilitation programmes - Part-privatisation with 21 Community Rehabilitation Companies (CRC). * Accusations that privatised CRCs focus on paperwork and targets at the expense of the offenders

Question 27

CRC vs NPS

Answer 27

* 19/21 CRCs have failed leading to £342m extra being spent to improve the situation * Under CRC control, housing needs were met 54% of the time, 70% under NPS * NPS performs better than CRS however NPS has a critical shortage of probation officers, poor conditions, insecure premises and places on schemes As a result of problems within the system it was announced in 2018 that the government would terminate contracts with CRCs in 2020

Question 28

Probation - Case Studies: Usman Khan

Answer 28

Usman Khan - killed two people on London Bridge in 2019 following a prisoner rehabilitation conference.

Question 29

Probation - Case Studies: Usman Khan

Answer 29

Usman Khan - killed two people on London Bridge in 2019 following a prisoner rehabilitation conference.

Question 30

Probation - Case Studies: Marvyn Iheanacho

Answer 30

Marvyn Iheanacho - killed 5 year old Alex Malcolm while on probation with the NPS

Question 31

Charities / Pressure Groups

Answer 31

* Many Charities also function as Pressure Groups as well. * Charities raise money to support offenders in prison and out. * Pressure groups lobby the government to make changes in the law and government policy to benefit the groups they work with. * Fill the gap of other agencies * Support inmates and families * Campaign for better conditions and fairer treatment * Support offenders with housing problems and education on release

Question 32

Charities / Pressure Groups - Strengths

Answer 32

* They understand the issues better through their work with offenders and are more likely to be committed as they truly believe in the cause * They are only focussed on the offenders, not on saving money or appeasing voters * A charity worker might be more likely to be perceived by the offender as being 'on their side' * Charity workers can often have more time for the individual than, say, a probation officer would

Question 33

Charities / Pressure Groups - Prison Reform Trust

Answer 33

* Support prisoners with education and adapting to life after their sentence * Successful campaign has been ‘Care not Custody’ which prompted the government to develop mental health services within police stations and courts for vulnerable suspects. Their work helped secure £50 million from the government.

Question 34

Charities / Pressure Groups - NACRO

Answer 34

* 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. * EDUCATION In 2018 4,900 people studied through it’s services. * RESETTLEMENT ADVICE Provide information and advice to offenders and those working with them on housing and jobs. * OUTREACH PROJECTS Stop young people offending

Question 35

Charities / Pressure Groups - Weaknesses

Answer 35

* Limited by their lack of funding from government so must rely on donations which can be unreliable * Charities can’t force the government to note, act upon nor implement their proposals. * Much of their work is dependent on publicity and raising awareness through the media - this can be unreliable. * Charities / Pressure Groups only exist where there are enough people who are really concerned about a particular issue or group and are sometimes only local in their reach, leaving some areas with no charity provision * Charities often work in partnership with other agencies to be effective. This means that they are dependent on their support, which may not always be effective. * Overlap of work – There are many charities working within the CJS. Could they work together more effectively as they are competing with each other? *

Question 36

Charities / Pressure Groups - Weaknesses: Prison Reform Trust

Answer 36

* It does not receive government funding and therefore it can lack funds to help bring about social control. * It runs on voluntary donations and must therefore persuade people to donate so that they can provide support within the criminal justice system.

Question 37

Charities / Pressure Groups - Strengths: Prison Reform Trust

Answer 37

* It strives to work towards a humane and effective penal system. This will help increase social control inside prisons. * A successful campaign has been 'Care not Custody' which prompted the government to develop mental health services within police stations and courts for vulnerable suspects. Their work has helped secure £50 million from the government for such schemes.

Question 38

Charities / Pressure Groups - Strengths: Howard League for Penal Reform

Answer 38

* Aims for less crime, safer communities and fewer people in prison. This would help achieve social control * The 'Books for Prisoners' campaign argued against restrictions on prisoners receiving books from friends and family. The campaign was successful and the charity won an award in 2015.in recognition of its work. The books helped prisoners find focus and went towards achieving social control

Question 39

Charities / Pressure Groups - Weaknesses: Howard League for Penal Reform

Answer 39

* There are many charities working in the criminal justice system and they are competing with each other for support.