3.1 Explain the roles of agencies in the criminal justice system.
Judiciary
The judiciary consist of all the judges in the countries courts. There are over 3000 court
judges.
Aims and objectives:
Role: interpret and apply the law. In the crown court they manage the trial and ensure fairness
to all parties whilst explaining the legal issues and procedures to the juries. At the end of the
trial they summarise the evidence to the court and if found guilty the court pass the sentence
in accordance with sentencing guidelines. They set precedents in law for the lower courts.
Qualities:
There are 6 principles judges are meant to abide by:
Judicial independence
Impartiality
Integrity
Propriety ~ conforming
Ensuring equal treatment
Competence
On appointment judge must swear 2 oaths:
The oath of allegiance~ loyalty to the king
The judicial oath~ treat people equally with impartiality according to the law.
Working practices:
They work will all types of offenders with different offenses, apart from less serious offenses
as those are typically dealt with by the Magistrates Court by fixed cautions or penalties
notices issued by the police.
National and local reach: the Supreme Court has worldwide jurisdiction and settles points of
national importance. Judges working in inferior courts around the country handle local cases.
Funding:
They receive funding from the government, taxes.
In 2020, the most senior judge received £262,000 and district judges received £112,000.
Senior barristers, working in commercial law can earn in excess of £1million. Might be a
disincentive for some people to become judges.
How do judges exercise social control:
Judges give sentences where they decide on whether someone will lose their freedom or
liberty by going to prison where there is retribution and public protection.
Judges can deter other offenders through sentencing.
Higher judges can create precedent which others have to follow in the future so they
effectively make change in the law.
, People must follow judges decisions otherwise there are consequences in law.
Evaluation:
Strengths:
There are over 3000 judges ensuring fair trails and ensuring human rights are complaint.
They are experienced and highly qualified lawyers who use a system of precedent to
ensure consistency and fairness.
Recent cases:
Judges across England and Wales are to prioritise the longest delayed rape cases in a bid to
end the anguish of victims in a backlog limbo.
The government want to increase the number of days judges are allowed to sit in court to
reduce the backlog of cases whilst offering more funding for them to tackle record court
delays.
Limitations:
They media often portray judges as old, upper-class males who are out of touch with
modern society.
They tend to come from a narrow, unrepresentative selection of society.
o 71% are males
o More than 50% are over 50 years old
o BAME groups are under-represented~ 5%
o 74% are privately educated and went to Oxbridge.
o This may mean judges are biased towards people from similar backgrounds to
themselves.
o Could be class bias when sentencing. example, Lavinia Woodward who was an
oxford university, who was an aspiring heart surgeon, was spared from prison
after stabbing her boyfriend as judge says she’s ‘too bright’ and going to jail
would ruin her medical career and instead wanted her to have a chance to battle
her alcohol addiction.
The unduly Lenient Sentences Scheme allows victims, prosecutors and members of the
public to apply to the Attorney General for a sentence to be reviewed, the scheme applies
to sentences for serious offenses such as murder, rape, robbery, child sex crimes and
human trafficking. There are very few applications made each year. In 2017, 173 cases
referred to the Court of Appeal only 137 had their sentence increased. Eg) David
Carrick’s sentence is too lenient.
Judiciary
The judiciary consist of all the judges in the countries courts. There are over 3000 court
judges.
Aims and objectives:
Role: interpret and apply the law. In the crown court they manage the trial and ensure fairness
to all parties whilst explaining the legal issues and procedures to the juries. At the end of the
trial they summarise the evidence to the court and if found guilty the court pass the sentence
in accordance with sentencing guidelines. They set precedents in law for the lower courts.
Qualities:
There are 6 principles judges are meant to abide by:
Judicial independence
Impartiality
Integrity
Propriety ~ conforming
Ensuring equal treatment
Competence
On appointment judge must swear 2 oaths:
The oath of allegiance~ loyalty to the king
The judicial oath~ treat people equally with impartiality according to the law.
Working practices:
They work will all types of offenders with different offenses, apart from less serious offenses
as those are typically dealt with by the Magistrates Court by fixed cautions or penalties
notices issued by the police.
National and local reach: the Supreme Court has worldwide jurisdiction and settles points of
national importance. Judges working in inferior courts around the country handle local cases.
Funding:
They receive funding from the government, taxes.
In 2020, the most senior judge received £262,000 and district judges received £112,000.
Senior barristers, working in commercial law can earn in excess of £1million. Might be a
disincentive for some people to become judges.
How do judges exercise social control:
Judges give sentences where they decide on whether someone will lose their freedom or
liberty by going to prison where there is retribution and public protection.
Judges can deter other offenders through sentencing.
Higher judges can create precedent which others have to follow in the future so they
effectively make change in the law.
, People must follow judges decisions otherwise there are consequences in law.
Evaluation:
Strengths:
There are over 3000 judges ensuring fair trails and ensuring human rights are complaint.
They are experienced and highly qualified lawyers who use a system of precedent to
ensure consistency and fairness.
Recent cases:
Judges across England and Wales are to prioritise the longest delayed rape cases in a bid to
end the anguish of victims in a backlog limbo.
The government want to increase the number of days judges are allowed to sit in court to
reduce the backlog of cases whilst offering more funding for them to tackle record court
delays.
Limitations:
They media often portray judges as old, upper-class males who are out of touch with
modern society.
They tend to come from a narrow, unrepresentative selection of society.
o 71% are males
o More than 50% are over 50 years old
o BAME groups are under-represented~ 5%
o 74% are privately educated and went to Oxbridge.
o This may mean judges are biased towards people from similar backgrounds to
themselves.
o Could be class bias when sentencing. example, Lavinia Woodward who was an
oxford university, who was an aspiring heart surgeon, was spared from prison
after stabbing her boyfriend as judge says she’s ‘too bright’ and going to jail
would ruin her medical career and instead wanted her to have a chance to battle
her alcohol addiction.
The unduly Lenient Sentences Scheme allows victims, prosecutors and members of the
public to apply to the Attorney General for a sentence to be reviewed, the scheme applies
to sentences for serious offenses such as murder, rape, robbery, child sex crimes and
human trafficking. There are very few applications made each year. In 2017, 173 cases
referred to the Court of Appeal only 137 had their sentence increased. Eg) David
Carrick’s sentence is too lenient.
