Criminal Justice Legislation and Child Protection

The assignment provided details about various legislations in the UK related to crime and disorder, criminal justice, and child protection. The report discusses the impact of laws such as the Children Act 1989, Crime and Disorder Act 1998, and Criminal Justice Legislation 2003 on individuals and communities. It highlights the importance of these laws in protecting children from violence, exploitation, abuse, and neglect, as well as reducing crime and disorder in England and Wales.

Criminal and Youth Justice

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 2............................................................................................................................................1
2.1 Differences between sentences in Magistrates and Crown Courts...................................1
2.2: Evaluation of effectiveness of three types of sentences..................................................2
2.3 Current Sentencing Tariff.................................................................................................3
2.4 Difference between Youth and Adult Sentencing Options..............................................4
TASK 3............................................................................................................................................4
3.1 Analysis of different key justice legislations....................................................................4
3.2 Evaluation of the impact of legislations on individuals and communities.......................5
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
The Judicial System of any country plays a major role in the overall growth of legal
structure in a country. Courts have the duty to keep an eye that whether the laws that are being
framed by the Legislators are effectively implemented or not. If there would not be an effective
legal system in place, then this will result in dissatisfaction and loss of faith within the legal
system which is not a good situation in a vibrant democracy (Bachman and Schutt, 2013). The
current report will try to analyse the different kind of sentences that are being announced by
courts and magistrates, the report will also try to elaborate the criminal, disorder and child
protection justice legislation. Effective Judicial system can ensure better justice delivery to the
community in the longer run.
TASK 2
2.1 Differences between sentences in Magistrates and Crown Courts
Magistrates Courts
Magistrates are not qualified Judges; they are just local people who volunteer their
services for the citizens. They will be given basic training through training programmes there is
no specific need of legal qualifications. There are more than 16,000 Magistrates in England and
Wales. Magistrate Court is basically a criminal court where most of the Criminal cases takes
place and usually sorted out within the magistrate court itself. It covers various kinds of criminal
cases which are related with minor assaults, motoring offences, thievery etc. Magistrates can also
look into matters of civil jurisprudence. Magistrates’ civil roles include dealing with cases such
as non-payment of council tax etc. A magistrate usually deals with three kinds of cases; these
are:  Summary Offense: These are a bit less serious cases, which includes motoring offense
and minor kind of assaults. They are basically disposed of in magistrate's court. Either way offense: These can be dealt with either by magistrates or by judges in
crown court. Thus, if the gravity of case is quite high the case is then transferred to
crown court for the purpose of hearing (Aertsen, Daems and Robert eds., 2013).
 Indictable Only Offense: Cases with extreme Gravity like Murder, Slaughter of Men
etc. these are transferred to crown court and not dealt with by the magistrates.
Such court holds limited power of sentencing with fines, short custodial,
chargeable offences and can sentenced guilty parties with imprisonment of up to six months. The
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final decisions made by the Magistrate Court are kept with different charges under various
sections and majorly pleadings stay in terms of monitory. The maximum limit of imposing fines
by such court on guilty people are £5000.
Crown Courts
The crown court, unlike a magistrate court it is a sort of single entity, the primary job of
which is to deal with cases concerning serious issues like murder, robbery, kidnapping etc. The
serious criminal cases in which it deals are as follows:
 Cases sent by trial courts and which are indictable that means those that can be heard
only within Criminal courts.
 Either way Offences, these are those offences which can be heard in magistrate’s court
and can be heard in Crown court if the Magistrate court thinks fit.
 Appeals made on the decisions of Magistrate Court.
Crown Court holds more power and rights than Magistrates in terms of sentencing. Such
court commences to resolve serious kinds of issues such as murder, robbery, rape etc. The people
who found culprit will be sentenced for lifetime imprisonment and also imposed actions
according to the different sections and crime laws. The jury for Crown Court is selected from the
people, a group of 12 people can be called to become jury for the court and they would carry the
rights to sentence for crimes that will take place (Goldson, 2013).
2.2: Evaluation of effectiveness of three types of sentences
The Legal system has allowed the Judges in Crown Court to announce number of
sentences, these sentences within Criminal Justice include as follows: Discharge: It refers to the discharge of the concerned person who has committed crime
by imposing a minimal fine and no legal proceeding are taken further on the concerned
person. The discharge is usually of two types:
▪ Absolute Discharge: Only warning has been given by judiciary to guilt
individual without imposing any fines.
▪ Conditional discharge: Judiciary has not taken any strict actions with a
condition that no crime shall be done by them in next three years. Thus, court
will put conditions in front of the person who has committed crime, upon
fulfilment of which the court will discharge the individual.
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Discharge is beneficial as well as effective for both court and people as the person will
think of not committing the crime again and that's what the court want, an effective legal system.
It is made for young people which has age in between 16 to 19 due to having more chances of
committing minor offences such as bullying. In this case, Magistrates Court can give relief to an
individual.
 Fine and Compensation: Under this, the magistrate or judges does not take harsh
decision and leave the culprit by just imposing necessary fine as well as compensation.
Fine and Compensation can play a very important part in reducing the level of crimes and
transforming mind-set of individuals. Because, once a person will be relieved from the crime by
paying fine, then he will make sure to not commit the same in future.
 Community Sentence: These are the offences which are basically committed by the
community in general, under this usually fines are being imposed and harsh sentences are
avoided.
The main effectiveness of this sentence is to reducing the possibilities of mistakes or
criminal acts done by an individual or a society as whole. Through this, magistrates are trying to
direct young generation towards good deeds (Fox and Albertson, 2011).
2.3 Current Sentencing Tariff
As per British Law system, tariff is term which is being used to describe the fine that are
being imposed as a kind of punishment for the crimes that is being committed. The different kind
of tariff for crimes are mentioned as follows:
 Murder: It is the situation when an individual takes the life of a person and thus violates
the most basic right of living of that individual person that is Right to Live. The court see
it as a very heinous crime and if the person who has committed the crime is above the age
of 21 years, the term of sentence can be either a whole life order, 30 years, 25 years, 15
years and for individuals having the age between 18 to 20, the term can be up to 30 years,
25 years and 15 years.
 Kidnapping: Abducting any individual without his/her will be taken as an act of
kidnapping which is noted as serious crime under British Law System. It an individual
found guilty under this act, then he would be sentenced for imprisonment for maximum
of 5 years (Browning and Caulfield, 2011). Such act is categorised into two which is
based on the seriousness of case. For example, of court has found that under this case an
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individual is much threatened and tortured then the imprisonment is given for minimum
of 20 years otherwise if minimum seriousness is found then minimum 5 years would be
given as imprisonment (Newburn ed., 2012).
2.4 Difference between Youth and Adult Sentencing Options
There is a major difference between Youth as well as Adult Sentencing options. The
crimes committed by a Juvenile is usually taken in a lenient manner than committed by an adult.
Juvenile are those who have not attained the age of 18 under the law. The following is the
difference between youth as well as adult sentencing:
 Juveniles are basically prosecuted for delinquent acts instead of crimes.
 Juveniles cannot be publicly trialled.
 They are not jailed but rather being sent for Rehabilitation
 Juvenile courts are more informal than the adult court system, and may have more lenient
rules regarding courtroom procedure.
The court does not consider a juvenile crime on the same basis as a crime done by an
adult. Judiciary of UK have a made a law which states that parents or guardians of young
individual who found guilty are liable to pay the fine imposed by the court. Laws made for adults
are not flexible as compared to Juvenile sentencing. If court have sent adult for lifetime
imprisonment then it must require to follow them without any negotiating over any sections that
has been made by Judiciary (Bradshaw ed., 2016). The Youngsters are given Leniency by Law
because, they are the future of nation and what they have committed may not be with right
Prudence. Thus, they can be given yet another chance to rehabilitate and become fit for the
society again.
TASK 3
3.1 Analysis of different key justice legislations
Criminal justice and court services act, 2000: It is such act which is introduced to
protect people from illegal and criminal activity so as to protect and compensate the suffered
party. It can be resolved through a court where fines have been imposed along with
imprisonment of serious criminal activity are found.
Crime and disorder legislation: Such act helps in minimising the number of thinkers that
kept thinking in their mind that child may do crime but without any intentions It is made in the
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year 1998 by the parliament of United Kingdom in order to protect local people from crime and
disorders.
3.2 Evaluation of the impact of legislations on individuals and communities
Criminal justice legislation: It is an act of parliament of UK which is introduced to
enhance many areas of criminal justice system in England and Wales. It amends the law relating
to police powers bail disclosure, allocation of criminal offences etc. It permits offences that to be
solved by judge without a jury if there is a case of jury tampering.
Crime and disorder legislation: This is the act which is introduced in the year 1998 for
the purpose of reducing crime and disorder, and the introduction of law specific to racially
aggravated offences. It covers various areas such as Anti-social behaviour orders, sex offender’s
orders, parenting orders etc. which protects people form any crime and disorder.
Child protection legislation: This is the act which is introduced to protect children from
violence, exploitation, abuse and neglect. It is made with an intention to protect children and
young people who are underage and to encourage family stability.
CONCLUSION
It has been concluded from the above project report that sentences and laws made by
judiciary are much different for young people and adults. In addition, with this, British law
system has implemented various laws such as Children act, 1989, Crime & Disorder act, 1998,
Criminal Justice Legislation, 2003 etc. in order to protect nation from criminal activities. It
directly protects and support individual as well as community to live without any fear.
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REFERENCES
Books and Journals
Bachman, R. and Schutt, R. K., 2013. The practice of research in criminology and criminal
justice. Sage.
Aertsen, I., Daems, T. and Robert, L. eds., 2013. Institutionalizing restorative justice. Routledge.
Goldson, B., 2013. ‘Unsafe, unjust and harmful to wider society’: Grounds for raising the
minimum age of criminal responsibility in England and Wales. Youth justice. 13(2).
pp.111-130.
Fox, C. and Albertson, K., 2011. Payment by results and social impact bonds in the criminal
justice sector: New challenges for the concept of evidence-based policy?. Criminology &
Criminal Justice. 11(5). pp.395-413.
Newburn, T. ed., 2012. Handbook of policing. Routledge.
Bradshaw, J. ed., 2016. The Well-being of Children in the UK. Policy Press.
Browning, A. and Caulfield, L., 2011. The prevalence and treatment of people with Asperger’s
Syndrome in the criminal justice system. Criminology & Criminal Justice. 11(2). pp.165-
180.
Online
Criminal Justice Act 2003. 2012. [Online]. Available through:
<https://www.legislation.gov.uk/ukpga/2003/44/contents>.
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