Detailed Analysis of the Criminal Justice System in England and Wales

This essay offers a comprehensive overview of the Criminal Justice System (CJS) in England and Wales. It begins by outlining the general role of the CJS in maintaining peace and order, including the functions of the police system, the Crown Prosecution Service (CPS), the courts, and the probation service. The essay delves into the roles and responsibilities of each component, emphasizing the importance of fairness and equal treatment under the law. It examines the structure of the courts, including the Supreme Court, Court of Appeal, High Court, and Crown Court, detailing their respective jurisdictions and functions. The essay also addresses challenges faced by the CJS, such as biases against minorities, and the need for continuous improvement in transparency and feedback mechanisms. References to relevant legislation and reports, such as the Constitutional Reform Act 2005 and the British Crime Survey Report 2015, further support the analysis.

Running Head: CRIMINAL LAW 0
Criminal Justice System: England and Wales

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Criminal Justice System
In this essay, the discussion will be based on the overview regarding the general role on the
CJS in the context of England and Wales. Further, it will be followed by a more detailed
focus on the functioning of the court of law in aspect to England and Wales.
The Role of the Criminal Justice System has been evaluated by maintaining peace and
creating harmony in this disorganized society. The UK Criminal system has been effectively
made with the formation of the Police System, the Crown Prosecution System, the Courts and
the Probation Service (Johnston, 2015). This lawful procedure functions with an aim to
generate an absolute level of equal treatment or fairness amongst all the victims. The initial
step towards such serious actions is intended to resolve the problems of the sufferers in their
lives and to ensure reduction of such crimes and the criminals. Through this system of
criminal justice, the governing body estimates the rate of the total number of criminal activity
been exercised in the country. It was also viewed that in accordance with the year of 2014
where the crime rates had eventually fallen by 7% and were observed to be the lowest level
since the year 1981.
There are various levels of attrition procedure which are recorded on a yearly basis to analyze
ways in which the Criminal Justice System can better improve in all areas of crime that are
increasing day by day and to validate justice (Cross, 2009). The Police engage a statutory role
in assisting the CJS where its main functioning arises by identifying the particular crime,
spotting of the crime and further process it in the form of a written report. However, the
police are authorized with a lot of power and control over dealing with any sort of crime, but
there are several guidelines and norms which are strictly made to be followed and make sure
that they do not misuse it. There has been negligence in making improper records towards the
misuse of acts committed by the police and other related offences. According to the British

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Crime Survey Report published in the year 2015 which stated around 19% of the crime
evidence that was not recorded properly as per the laws. So, this determined the data of
offences rates in the year 2015 with notifying the unrecorded statements of the previous
years. This means that all the victims of not reported crimes had lacked justice by the judicial
body and resulted in escaping of those criminals who were not punished (Hostettler, 2009).
The purpose of Police system is to validate the laws that treat people equally and securely
towards preventing offence and bring in action to those who interrupt the system of law. The
Police do not only ensure proper justice but also, on the other hand, it seeks complete
protection and safety of the society. The system of law is very clear towards the members of
the police force to deal vigilantly regarding the racial stereotyping, discrimination regarding
the black people and other minorities in a justified manner. Every member of the police has
the lawful right to stop any suspected individual in any sort of public place with a motive to
arrest and seize the particular individual (Pakes, 2019). Therefore, the powers and the
regulations authorized to the Police and Criminal Evidence Act 1984 for exercising fairly and
justly favouring the innocent party.
Since the year of 1985, the Crown Prosecution Service has carried a major role in the
criminal cases because they determine the judgement of the suspects. The basic duty relies
upon the occurrence and prosecuting the right individual for the right offence and to bring
them to justice in an appropriate manner without any delay and injustice. The other roles
specify the actual charge to be applied in the case that is more of a complicated nature along
with presenting them before the court of law initially to the trial (Agozino, 2018). As, the
CPS states it to be of an independent body from the police and the government but there has
been a controversy and argument for the same in which they have examined that it has an
influential nature from the perspective of the police.

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The courts are another kind of criminal justice system where it is functioning as a role of the
judiciary to impose law-making enactments and to explain the law as a written form. Through
the doctrine of the judicial precedent, the judges of the court will give the relevant decision
(Wall, 2019). It has been evaluated that a large number of cases which are dealt with by the
lay magistrates as these experienced persons of law are more capable in understanding the
practicality of life. The crown court entertains all the cases related to criminal, murder, rape,
and robbery.
Lastly, it is the National Probation Service which was introduced after the probation
Offenders Act 1976. Their role defines the statutory criminal justice service that manages all
the high-risk criminals released into the community. It is an important factor that the
criminals need to serve time in accordance with the crime they have committed. Therefore, its
importance in the CJS is to ensure such an organization like the probation service to help and
control those people who are known as the high-risk offenders (Downes, 2016). It is the
creation of the criminal justice system by many organizations jointly with a motive to provide
justice and maintaining peace in the society.
The courts under the CJS of England and Wales are classified as the Supreme Courts, the
Court of Appeal and the High Court. The Supreme Court is the final court of appeal in the
UK. It is capable and authorized to hear all the public related concerns, their problems, and
its importance. It applies to the whole of UK, England, Wales and Northern Ireland in dealing
with criminal and civil cases. In relevance to the UK, when the Constitutional Reform Act of
2005 was made but earlier the decisions were undertaken by the House of Lords (Britain,
2005). So, all the matters of dispersal were held by the Supreme Court which is stated to be
the highest court of appeal.

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The creation of the high-ranking courts of England and Wales was initiated by the Acts of the
Judicature from the given name of Supreme Court of Judicature. During 1981, it was again
renamed as the Supreme Court of England and Wales by the Constitutional Reform Act 2005.
It is further consisting of the following courts of law i.e. Firstly, the Court of appeal, High
Court of Justice, and the Crown Court. It also has other Tribunals and courts which are
managed and assisted by the Courts of HM and Services of the Tribunals (Auld & Auld,
2001). The Court of appeal settles only those appeals which are considered to be from other
tribunals or courts. It has determined to have two divisions which are the Civil Division that
has the capacity to hear the cases or the appeals from the High Court and the County Court
involving other higher-ranking tribunals.
Then, the Division relating to Criminal has only the power to hearing of the appeals based on
the Crown Court and which are associated with that type of a trial i.e. depending upon the
accusation of a serious crime. All its reflected resolution is obligatory on all other courts
except the Supreme Court. Furthermore, the High Court of Justice on the next level which
functions in a form of the civil court of the first instance, criminal and as a civil appellate
court by taking up cases from their junior courts. It comprises of three divisions the Queen’s
Bench, the Chancery and lastly the Family division. The High Court divisions are not
considered as the distinct courts but they rely on and adapt the separate method and execution
(Kolb, 2014). The subject matter is an important aspect while assigning to each division on
the particular type of case and the same has to be executed by all divisions in regard to the
jurisdiction of the High Court.
The Crown Court was introduced by the Courts Act 1971 dealing with all such cases of the
criminal court including both the original and the appellate jurisdiction. It also has the power
to listen and entertain appeals from the magistrate’s courts. The most famous court of London
is known by its official name i.e. the Old Bailey which is now a part of the Crown Court. This

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Court is the only one which has the jurisdiction to try cases that has some formal charges
while playing a superior role in itself.
To conclude the above discussion regarding the Criminal Justice System that has to face and
exercise many challenges. It must ensure that all the biases against the black and the minority
shall be dealt on a strong basis. Every individual belonging to the same group or different
will not change the state of its justice and it shall be in such a way that does not hinder the
values and any sort of discrimination occurs amongst the country. The Criminal Justice Board
must regularly investigate all the cases at such a level that leads to identifying good practices
in society. It shall also develop and adapt such process which shall increase the transparency
and strengthen the feedback through the entire system.

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References
Agozino, B., 2018. Black Women and The Criminal Justice System. 1st Edition ed. Abingdon,
United Kingdom: Routledge.
Auld, R. & Auld, R. E., 2001. Review of the Criminal Courts of England and Wales: Report.
illustrated ed. s.l.:Stationery Office.
Britain, G., 2005. Constitutional Reform Act 2005, Part 4. London, United Kingdom: The
Stationery Office.
Cross, N., 2009. Criminal Law & Criminal Justice: An Introduction. Thousand Oaks,
California, United States: SAGE.
Downes, D., 2016. Unravelling Criminal Justice: Eleven British Studies. illustrated ed.
Berlin, Germany: Springer.
Hostettler, J., 2009. A History of Criminal Justice in England and Wales. s.l.:Waterside Press.
Johnston, H., 2015. Crime in England 1815-1880: Experiencing the criminal justice system.
illustrated ed. Abingdon,United Kingdom: Routledge.
Kolb, R., 2014. The International Court of Justice. London, United Kingdom: A&C Black.
Pakes, F., 2019. Comparative Criminal Justice. 4th Edition ed. Abingdon, United Kingdom:
Routledge.
Wall, D. S., 2019. The Chief Constables of England and Wales: The Socio-legal History of a
Criminal Justice Elite. Abingdon, United Kingdom: Routledge.

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