Legal Framework for Criminal Investigations - Essay Example

?The Legal Framework for Criminal Investigations and the Relationship with the Criminal Justice System First Section – P5, M5 and D5 The legal framework which regulates the criminal investigation process The British justice system is based on the principal that the suspected person is innocent until proven guilty. “The criminal justice system of the British revolves around Police, Courts, and Crown Prosecution Service. It is the responsibility of the CJS to take care of the individual rights” (Conner et al 2008). In case, the evidence collected by the said agency is not reliable, it will lead to the acquittal of a defendant person. This speaks itself about the importance of tough criminal investigation procedures. In order to collect reliable and secure evidence, the investigators must put in concrete efforts so that the person found guilty should be punished in accordance with law. Therefore, for a criminal prosecution to become successful, it is extremely important that the Crown Prosecution Services should provide solid and reliable evidence to the court of law to punish the culprits. “In a number of countries where democratic set up exists and where rule of law succeed, the burden of proof lies on the shoulder of the prosecution” (Conner et al 2008). The safeguards within the legal framework designed to protect people under criminal investigation Under the UK Law, those who are convicted by the lesser courts may file an appeal to higher court for the answer they are looking for. “The hierarchy of the courts starts from the magistrates / youth courts to the Crown Court, from the Crown Court to the Court of Appeal. However, in some exceptional cases further appeal is allowed to the Supreme Court only” (Cate 2008). Appeals to Courts that are higher up in jurisdiction are restricted to the point of law. If the right of appeal is obsessive for a convicted defendant, then he or she has the option to pursue to the administrative body known as Criminal Cases Review Commission (CCRC). If there is malpractice found then this renders the conviction irrelevant and sums up to the miscarriage of justice. “There are two sorts of ‘wrongful convictions a) One where the defendant is convicted unfairly b) other where a lack of fair trial makes it difficult to determine whether the defendant is guilty or not” (Sanders and Young 2010). Conviction through unfair means is considered a miscarriage of justice that raises many suspicions. The CPS sometimes allows appeals against acquittal especially if there is an error found in the law. For example, a jury member can be rejected if they attempt to prosecute with certain kinds of evidence that the judge feels that the police lacked the required legal power to secure that evidence. In a few cases, when compelling evidences of guilt comes to surface, fresh cases against the earlier acquittals can be restarted. “An element of criminal justice, which is not taken into account, is criminal defense; as per the law of the land, anyone arrested and taken into custody by the police officials is entitled to receive free legal aid from an adviser, usually a qualified legal practitioner” (Sanders and Young 2010). Great Britain is known to set aside funds for free legal representation to its people in the ordinary courts and the Crown Court. The wealthy classes of people usually do not take the benefit of legal representation and normally pay their legal fees from their own resources. “The numbers of litigants have two options a) present themselves or b) engage a solicitor to plead the cases of the poor. This is done by the government which hires the services of solicitors for them at the government’s expenses” (Sanders and Young 2010). The operation of safeguards within the legal framework  Section 47 enquiries aim at to minimize the destruction on the personality of a child and to ensure that the families are treated in a respectable way by the agencies. The Children Social Care organizations should appraise the guardians responsible for the security of children, which is the very purpose and outcome of section 47 enquiries. Section 47 enquiries are to facilitate the parents and children. The parents and children should answer the questions of law enforcers in a cool and composed manner during criminal investigation. The information should highlight general and specific circumstances (North Yorkshire Safeguarding Board 2009). In majority of cases, children are allowed to remain with their families during the course of section 47 enquiries such as in the circumstances of abuse or neglect. As far as possible, section 47 enquiries should be handled in a way that promotes future constructive working relationships with families. The initial steps taken to sort out the matter can hamper the entire process (North Yorkshire Safeguarding Board 2009). Understanding the problem of distressed children and their families will pave the way for a positive outcome of the efforts. In case where a child is living in an establishment, possible influence on other children under the same roof should not be ignored. If the investigator tells the individual that he is in the process of collecting the personal information of the individual to determine so and so allegations leveled against him, this might jeopardize the investigation process. Hence, the investigator should be very cautious on this count. Under the mentioned scenario, the investigator should seek assistance of the competent court of law in order to ensure his access to the personal information of a targeted person (North Yorkshire Safeguarding Board 2009). Second Section – P6, M6 and D6 The role of the Criminal Justice System agencies in criminal investigations The police, we all know, plays the role of an initial agency to detect the crimes in the criminal justice process and is of course the first agency to filter out the crime cases. In view of the above, role of the police to leak the crime information or to hide it cannot be subsided. In minor offences, police has the authority to issue caution to the suspect thus putting the police in the narrow criminal justice system. In minor offences, the police officers are themselves able to issue a caution to the suspect. This has made the police an integral part of mini criminal justice system. If we go through the newspapers and television channels of UK, it comes to notice that nearly about 700 murders take place in a year (Lea 2008). The reported clear up rate against the mentioned murders is 88%, which is very encouraging. If we take up the case of Innes 2002 wherein the killer was known to the victim, it can be noticed that the detectives found the clue within the shortest possible time. There is no doubt that in detecting work, forensic test, DNA, interviews with the near and dear of the killer and the victim, all play an important role in reaching the culprits (Lea 2008). Explain the role of the Crown Prosecution Service in criminal investigations  The role of Crown Prosecution Service in the British Judicial System is visible in view of the public prosecutions of offenders charged with criminal offences in Wales and England. It ensures that wrongdoers are booked and brought to justice and victims are given due support, which make people feel secure within their communities. The organization in question was set up in the year 1986 and was responsible to prosecute criminals who were investigated and charged by the police officials of England and Wales in line with the provisions of Prosecution of Offences Act 1985 (Quinn and Elliott 2006). Before establishment of CPS, it was the responsibility of the police to get the said assignments accomplished. The closeness between the investigation and the framing of charges make the people believe that by these ways, civil liberties of the citizens are being usurped. The Philips Commission in the year 1981 found that the prosecution system in England and Wales is biased and inconsistent, hence, it needed to be changed to achieve the desired objectives. We all agree on this point that the cumbersome procedures of litigation require money, time and patience to seek remedy from the court of law. The Philips report was instrumental in establishing the CPS under the cited Act 1985. The Crown Prosecution Service is to receive police cases to decide, which one to follow or not (Quinn and Elliott 2006). The role of the Criminal Justice System agencies The criminal justice system of United Kingdom is broader and cumbersome. There are number of agencies to deal with different jobs within their delegated authority. The UK police force plays key role in building safer and secure communities. The Crown Prosecution Service is there to prosecute criminal cases investigated by the law enforcing agencies. The services rendered by the CPS are a) advising the police for possible prosecution b) review cases that are submitted by the police department c) determine charges d) prepare for court cases and e) file the cases for competent jurisdiction (Victim Support 2012). The Home Office takes care of immigration, passports, drugs, counter terrorism and police affairs. The Justice Ministry, which is the key department of the government has to focus on criminal, civil, family, democracy, people rights and the constitution. The National Probation Service (NPS) being law enforcement agency is responsible a) to protect public b) to reduce re-offending c) to ensure punishment for offenders and d) to arrange the rehabilitation of offenders. Under the UK criminal justice system, Police Family Liaison Officer is a plain-clothed man who investigates serious offences to book the offenders. In the mentioned process, the said officer establishes his contact with the affected families. By seeking the support of the people of the victim’s family, he aims at to access the real offender in suspect case (Victim Support 2012). Witness Care Units are the government functionaries whose prime responsibility is to take care of victims and prosecution witnesses till the disposal of case. The Her Majesty’s Courts Service is an agency to deliver efficient and effective justice to the public. It provides administrative support to the Court of Appeal, High Court, Crown Court, Magistrates' Courts, County Courts and last but not least the Probate Service. NOMS is an important wing of Ministry of Justice to discharge the responsibilities of Probation Service and the Prison Service as well. Both the organizations maintain a close liaison with each other to protect the public and to reduce the re-offences to the desirable extent (Casey 2008). Victim Support is a charitable agency, which helps out the victims and the witnesses monetarily in order to ensure their access to the court easily. As mentioned above, Criminal Justice System plays an effective role within the ambit of England and Wales, therefore, can be considered as one of the major public service in the country. The vital role of certain agencies in delivering the assigned tasks is plausible in terms of dispensing justice to the victims and their families (Casey 2008). Bibliography 1. Cate, F. (2008). Government data mining: The need for a legal framework. Harvard Civil Rights-Civil Liberties Law Review (CR-CL), 43(2). 2. Casey, L. (2008). Engaging communities in fighting crime. London: Cabinet Office. 3. Conner, P., Hutton, G., McKinnon, G. and Johnston, D. (2008). Blackstone’s Police Investigator’s Manual (Blackstone’s Police Manuals). Oxford: Oxford University Press. 4. Lea, J. (2008). Criminal Investigation. [Online]. Available at: http://www.bunker8.pwp.blueyonder.co.uk/cjs/26903.htm. [Accessed 28 December 2012]. 5. North Yorkshire Safeguarding Children Board. (2009). Section 6: Child Protection Enquiries. [Online]. Available at: http://www.safeguardingchildren.co.uk/section-6-procedures.html. [Accessed 28 December 2012]. 6. Quinn, F. and Elliott, C. (2006). Criminal Law. London: Pearson Longman. 7. Sanders, R and Young, R. (2010). Criminal Justice. London: Oxford University Press. 8. Victim Support. (2012). Who’s who in Criminal Justice: A Short Guide to the Key Agencies. [Online]. Available at: http://www.victimsupport.org.uk/Help-for-victims/The-criminal-justice-system/Whos-who-in-criminal-justice. [Accessed 29 December 2012]. Read More