An Evaluation of the Criminal Justice System in the United Kingdom

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LAW AND LEGAL SYSTEM
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Contents
Criminal justice system and its approach towards justice..........................................................3
References..................................................................................................................................7
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The criminal justice system and its approach towards justice.
Every society eliminates anti-social elements form it committing offences and crime is one of
it. In every country, an organisation is formed which controls and regulates the law and order
of the country. In the United Kingdom, the Crown Prosecution Services (CPS) prosecutes for
the crimes committed and investigated by the police or other investigating organisations
formed in England. The CPS is an independent body which functions and gives decisions
independently of the government and the police. The prime duty of the body is to ensure that
no innocent is punished, and the right punitive action is taken against the right person.
The Ministry of Justice is a department of the British government which has the primary
function of protecting the principles of justice. It is a major governmental department at the
heart of the justice system which delivers a world-class fairness structure that is enforceable
on the society as a whole. The Ministry of Justice has a foremost priority of implementing the
functions and policies as well for example such probation and prison services shall be
rendered that it reforms the offenders, modernisation of court and justice system, promoting
rule of law at global level provide moral support to victim and family members and
establishing a more modern and unified department (Hough, 2012). This department works in
corroboration of other departments and guides them in their work as well. Other departments
in its rationale are police, Majesty's court and service of the tribunal, Crown Prosecution
Service, National Probation Service.
Apart from the above-mentioned departments, there are also other departments which work
for the criminal justice system with the Ministry of Justice (MoJ). They are Witness and
victim support, Legal Aid Agency, Rehabilitation Companies for Communities (Bradford,
2014).
Role and responsibility of the public services in the criminal justice sector
The public services and all related organisation have a responsibility of rendering justice
fairly and impartially. They are required to take all the necessary investigating steps and to
apply the principles of natural justice and rule of law while delivering judgments (Meissner,
et. al., 2015).
The most important responsibility of these organisations is to enforce the law in the manner it
is prescribed. It has a primary role in managing law and public order and prevents the
commission of offences.
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The criminal justice system has its functions performed in three stages which is the agency
which enforces the law which is usually the police, the court of justice where both
prosecution and defence are put forward by the lawyers, agencies where prisoners are
detained when they are sentenced to punishment. It also includes rehabilitation and probation
centres for rehabilitation of offenders.
In a criminal justice system, these agencies work together to enforce law and order in society
(Hough, 2012).
Law enforcement agencies
Police force is the first agency where the offence is reported, and the investigation begins.
The primary duties of the police are to protect the victims and to investigate the offence and
put before the criminal justice system. For this purpose, the court has given some powers to
the police for investigation purposes like entering the premises, making an arrest, confiscate
dangerous weapon and substances, etc.
Her Majesty's Court and Tribunal Services (HMCTS) was created in the year 2011 by the
Ministry of Justice. This agency has the responsibility of administering the court and
probation services in the United Kingdom and also give guidance to the non-developed
tribunals of the country. The primary role of HMCTS is to aim at the effective and efficient
running of the court which enables the principles of natural justice and rule of law and
provide justice to all irrespective of their origin. However, it is accountable for its functions
to the court of appeal, the high court, the crown court, and the court of the magistrate.
The primary role and responsibility of the CPS are to ensure that the right person must be
punished, and no innocent shall be treated under penal action. The duties of the CPS under
the UK law are to decides which case shall be prosecuted and what charges shall be framed.
It gives its guidance to the police in the early stages of an investigation. It also has a duty to
present cases in court. Further, it has a duty to assist, support and provides with the necessary
information to the victim (Bradford, 2014).
The prosecutors must be fair and act responsibly when they present their case in the court and
so they are required to act in accordance with the Crown Procedure Code. Apart from this,
the prosecutor must be fully satisfied before charging the offender. He must make sure that he
has sufficient evidence to support his case and he can provide a realistic prospect of the
conviction. He shall also make sure that the prosecution is done for the interest of the public
CPS (Government UK, 2017).
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National probation service is a statutory body which manages how the high-risk offenders
will be released in society. Probation is taken by offenders as a break from the prison but in
turn, they ensure good behaviour under supervision. The functions which this organisation
performs are they prepare reports of sentences to be presented before the court so that the
court decides appropriate sentence for the offender. They manage premises for the offenders
where they can undergo sentence. They help all offenders to undergo sentence in such a way
that all requirements prescribed by the court are met. They also strive to provide
rehabilitation of offenders back in society and turn their lives around. (Meissner, et. al.,
2015).
Combination of agencies to enable a fair justice system
For the impartial rendering of justice and give fair treatment to the offender as well as victim
sometimes separate agencies are combined in order to give effectual work and meet the
justice requirement. These agencies combine their process for a single case and work in
corroboration in order to fulfil the demand for maintaining law and order. For example, the
police work in corroboration of other investigation departments like specialised agency
watchdogs to investigate for a particular type of crimes so that they can take the investigation
in the right direction. Similarly, the organisation of prison and probation services combine
together in cases where the offender is released on probation (Hine, 2019).
Performance measurement is a process which is used to identify and calculate the
effectiveness of services rendered by any team or organisation. For the criminal justice
system, the effectiveness of the working of the specialised agencies which are functioning for
the services of the public. In the past few years, the justice system of the UK is fighting with
domestic abuse as a big challenge. Domestic abuse means abuse at home by partner or family
member. The statics have shown that approximately 15% of men from age 6 to 59 are
subjected to domestic abuse which may be in any form but it is also mentioned that women
are likely to domestic abuse more as a comparison to men (ONS Government UK, 2018).
The definition of domestic abuse or domestic violence includes physical, sexual, emotional,
psychological and financial abuses which it has a literal meaning of ‘violence at home'. Other
measurements are relating to abuses including sexual offences and offences committed by
youth.
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The England and Wales survey on crime has reported that around 20% of women and 4% of
men are subjected to sexual offences from 16 years of age. As per the report, there is no
significant change in the crime rate since the past 10 years (ONS Government UK, 2018).
Sexual offences are offences where a person forces others to engage in sexual activities
without consent. England has enacted various law substantial laws to define sexual offences
and has also prescribed its punishment. Sexual offences include sexual assault, rape, rape of a
child, to force a person to engage in sexual activity without consent, any kind of sexual
activity with the child, sexual offences committed by children, sexual offences with person
suffering from mental disorder, to commit another offence with an intention to commit sexual
offence. There are enactments and statutes framed which describes these offences and also
provides for its punishment.
Effectiveness of the services for criminal justice
The United Kingdom justice system is made and establish with its primary objective of
reducing the growing crime rates and establish a crime free society. But still, in spite of
initiatives taken the crime rates in the UK have increased in the past few years. Hence, there
is a need now for the reformation of the justice system. The justice system needs to pace up
in order to dispense justice in time and minimise the sufferings of the victims (NAO Org UK,
2016).
As per the C & AG's report, in the last five years, only one-third case in the Crown Court has
proceeded as per the planned date. This shows that there is inefficiency in the working speed
of the justice system which needs to change (Robinson, et. al., 2015).
The system is responding to a number of different groups of government and the judiciary.
So, it is the prime duty of the judiciary to amend existing laws and enforce them as per the
changing needs of people and increasing crimes. The Criminal Justice Board should take
decisions regarding what is to be changed and how to implement it. So, the reform of the
court system is of urgent priority and the Ministry of Justice should work to strive towards
the formation of a speedy justice system (Hine, 2019).
Thus, to conclude it is submitted that the justice system in the United Kingdom flows through
the various organisation in the manner prescribed by statutory provisions. The court system in
the United Kingdom also is classified as per the matter whether civil or criminal. The civil
cases are administered by the Court of Justice and the criminal cases are prosecuted by the
Crown Court. In the UK the judiciary is an independent authority and its decisions serve as
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judicial precedents for the lower courts. But still, there is a need felt for the reformation of the
UK justice system in order to deliver justice in very least time.
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References
 Bradford, B., 2014. Policing and social identity: Procedural justice, inclusion and
cooperation between police and the public. Policing and Society Vol. 24(1). Pp. 22-
43.
 CPS Government UK, 2017. The Criminal Justice System [Online]. Available at:
https://www.cps.gov.uk/criminal-justice-system. (Accessed on 17th April 2019).
 Hine, J., 2019. Women and Criminal Justice: Where are we Now? [Online].
www.mmuperu.co.uk. Available at: https://www.mmuperu.co.uk/bjcj/articles/women-
and-criminal-justice-where-are-we-now. (Accessed on 17th April 2019).
 Hough, M., 2012. Researching trust in the police and trust in justice: A UK
perspective. Policing and Society Vol. 22(3). Pp. 332-345.
 Maguire, M., 2012. Response 1: Big Society, the voluntary sector and the
marketization of criminal justice. Criminology & Criminal Justice Vol. 12(5). Pp.
483-494.
 Meissner, C.A., Kelly, C.E. and Woestehoff, S.A., 2015. Improving the effectiveness
of suspect interrogations. Annual review of law and social science, Vol. 11. Pp. 211-
233.
 NAO Org UK, 2016. Efficiency in the criminal justice system [Online]. Available at:
https://www.nao.org.uk/wp-content/uploads/2016/03/Efficiency-in-the-criminal-
justice-system.pdf. (Accessed on 17th April 2019).
 ONS Government UK, 2018. Domestic abuse in England and Wales: year ending
March 2018 [Online]. Available at:
https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/
domesticabuseinenglandandwales/yearendingmarch2018. (Accessed on 17th April
2019).
 Robinson, G., Burke, L. and Millings, M., 2015. Criminal justice identities in
transition: The case of devolved probation services in England and Wales. British
Journal of Criminology Vol. 56(1). Pp. 161-178.
 Supreme Court, 2019. UK Judicial System [Online]. Available at:
https://www.supremecourt.uk/about/uk-judicial-system.html. (Accessed on 17th April
2019).
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