• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Reforms to criminal justice systems

Extracts from this document...

Introduction

Reforms to criminal justice systems The Government published the Auld report on the 8th October 2001. This was a huge report, which basically reviewed the criminal courts system. Sir Robin Auld (a senior Appeal court judge) conducted this review. The review was acknowledged by the government as being a vital contributor towards establishing modern, efficient criminal courts (e.g. fewer delays in them etc.). Auld's key recommendations include: * Unified criminal courts, replacing the Crown and Magistrates courts, and consisting of 3 divisions. The Crown Division (which is effectively the Crown Court as we know it) would exercise jurisdiction over all indictable-only matters and the more serious either-way offences. The District Division, presided over by a District Judge or Recorder and at least 2 magistrates, would exercise jurisdiction over a mid-range of either-way matters of sufficient seriousness to merit up to 2 years custody. The Magistrates Division, constituted by a District Judge or Magistrate, which is more or less the Magistrates Courts as we know them, would deal with all summary matters as presently defined and less serious either-way cases. Controversially, the courts in the Magistrates Division would allocate all either-way cases according to the seriousness of the alleged offence and the circumstances of the defendant. ...read more.

Middle

They will do this by: detecting more crime, getting all defendants to court quickly, prevent affending on bail, to convict more of the guilty, improve trial and keep the dangerous in custody. To detect more crime they decided to increase police numbers, police spending, encourage specialist skills, do more 'front line' work and get better technology for detection. To get more defendants to court more quickly they will allow Crown Prosecution Service to take more responsibility for determining charges so that the right cases go to court on the right charges, invest �600 million to manage cases, give sentence indication (idea- early guilty pleas) and give magistrates greater sentencing powers. To prevent offending on bail they will take into account previous convictions, area where defendant lives and seriousness of offence before granting bail (especially with no conditions on it). To convict more of the guilty they will improve disclosure, allow trial by judge alone (especially where jury can feel intimidated), extend the availability of preparatory hearings to ensure that serious cases like, drug trafficking, can be properly prepared. At the trial they will inform the court of a defendant's previous convictions (where appropriate), remove the double jeopardy rule for serious cases if compelling new evidence comes to light and increase population eligible for jury service. ...read more.

Conclusion

There are to be performance indicators of race equality, reviews by police forces of the racism awareness training every three years, stop and search powers research, recruitment of ethnic minority police officers, the racial discrimination legislation extended into all services and will also make chief police officers liable for racial discrimination by their officers. Police corruption This basically looks at the idea of criminals being able to somehow (usually through money) corrupt a police officer. Sir Paul Condon has made anti-corruption a touchstone of his term as commissioner of the metropolitan police. He estimated that there was up to 250 corrupt officers in his force. Special squads need to be set up, like New Scotland Yard, who concentrate on corrupt police officers, so police officers too can be convicted of corruption-related offences or suspended for alleged corruption or similar matters. A corroboration rule? This is the idea that confession should be backed up with other evidence, as there can be false confessions. McConville said only 8% of persecutions would be affected by automatic acquittals (only in smaller cases) and it would be a small price to pay to avoid further miscarriages of justice. If we look back at the case of Michael Stone in 1998, we can see that confession evidence does not necessarily do justice. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Marked by a teacher

    ‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for ...

    4 star(s)

    control view is that jury trial is expensive and inefficient (Sanders & Young, 2000:555). '..the jury is a key battleground for the due process and crime control models' (Sanders & Young, 2000:559). In this overhaul, Auld also wanted to see many changes to jury selections.

  2. Critically evaluate the aims and consequences of sentencing and show how the laws regarding ...

    The court held that they were more intimidating as a group than they would have been as individuals and gave them 8 years custodial sentence. In the recent case of R v. Breeze (2002) EWCA Crim 2541 the court stated that the appellants straight out guilty plea, and her degree

  1. Free essay

    Critically discuss whether the criminal courts of England and Wales require substantial reform. Firstly ...

    Also serious and less serious offences are reflected in the mode trial of each offence. An offender can be brought to trial in a magistrate's court or a crown court. This depends if the offence is a summary offence, indictable offence or an either way offence.

  2. Why do young people join gangs and other subcultures? How does a criminal sub ...

    Education issues Bad grades and low expectations, both on the part of the student and his or her teachers, can make school seem intolerable while simultaneously increasing the appeal of gangs. Oftentimes, these students have learning disabilities that haven't been diagnosed or they haven't received the proper assistance.

  1. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does ...

    That is not insignificant. Murder arrest rates have also shown a decline, dropping 14 percent alone between 1995 and 1996. The arrest rate for property crimes also reached its lowest point in a decade when, in 1996, there were approximately 2400 arrests for every 100,000 youths in the United States.

  2. The Bail Act 1976 gives a general right to bail, no matter how serious ...

    bail, or does not interfere with witnesses or otherwise obstruct the course of justice (s3 Bail Act 1976, as amended by s27 CJPOA 1994).where defendant is charged with a serious offence and has a previous conviction for such an offence, bail only granted in exceptional circumstances - Criminal Justice and

  1. Criminal investigations and the criminal justice system

    Since 1966 they have worked to give ex-offenders, disadvantaged people and deprived communities the help they need to build a better future. Nacro's also has a prison development team works with prison governors and other staffs to enhance prison regimes in the areas of resettlement, race relations and the needs

  2. Explain the role of the CCRC (Criminal Cases Review Commission)

    the original trial judge was biased against the defendants and misdirected the jury on points of law. Scientific evidence also showed the three police officers who testified about Bentley shouting "Let him have it" had lied under oath.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work