Sunday, August 25, 2019
Models of Criminal Justice System in England and Wales Essay
Models of Criminal Justice System in England and Wales - Essay Example These delegate the Police with the responsibility of the control of crime (Lea 2002, pp.32,67); the Prison Service, to run prisons; the Probation Service with the role of rehabilitation; the Crown Prosecution Service, for bringing action against those suspected of committing a crime; the Magistrates' Courts and the Crown Court with the responsibility of dealing with the trial of suspected criminals; the Court of Appeals for the final conviction of the perceived criminal; the Prison Service, for running prisons; the Serious Fraud Office for the investigation of frauds and other similar offences that affect trade the corporate world (Davies, Croall & Tyrer, 1995, pp.274, 342, 121, 152, 156, 274, 133). A new CJS agency in England and Wales took effect in 2001. The new Criminal Defence Service was established by the Access to Justice Act of 1999 which also established a Legal Services Commission which supervises this new agency (Wheeler 2006,p.165). This provides state-employed defence counsel that serves as lawyer to indigent defendants (Hirschel et al 2007,p.176). The CJS in England and Wales is essentially rooted in three principles. The first is that an accused is presumed to be innocent until proven guilty by proof beyond reasonable doubt. The second is that the criminal justice system is basically adversarial in nature i.e. that the accused is aided in his defence by a counsel while a prosecutor tries to prove that he is guilty and both parties face each other in court as adversaries (Davies, Croall & Tyrer 1995, p.193). The third principle states that there is criminal liability only when there exists in the actor
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