BSc Professional Policing Essay Sample

Introduction Of BSc Professional Policing – Offender Management Module

The legal system in the UK is divided into three types or parts, one legal system is dedicated to Wales and England, one legal system is reserved for Scotland and the other system is reserved for Northern Ireland. The legal system of England is known as the primary legal system of the UK. There are various law-making bodies all over the UK, but The Parliament of Westminster is the Supreme authority to make laws. All the judgments in the country are taken according to the aspects of the Constitution and the regulations of the Parliament. Nowadays it can be seen that burglary and snatching are increasing in the UK, especially in London.

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Domestic burglary is defined in section 9, of the “Theft Act 1968”, under the Constitution. The hearing court for burglary is decided on the basis of the impact of the crime, if the crime is severe then the hearing court would be the “Crown court”, and if the impact of the crime is not severe then the judgment court can be the “Magistrate's courts”. In “Magistrate's court” the maximum sentence for domestic burglary is set for either imprisonment for 26 weeks or a fine of 5000 Euros or both. In the case of “The Crown Court”, the maximum sentence is set up to imprisonment for 14 years.

In accordance with the above concept, the judgment, and approaches to domestic burglary that occurred in England are described below.

Critical discussion on the questions provided based on the case study

a) “Discuss the relationship between the elderly victim and the offender and how the offender can compensate the victim under criminal justice”.

Researchers identified that day by day the crimes against the elderly are increasing, and as per the researchers, the main reasons for that are, that elderly people are physically weak, they live in isolated areas and they have weak memory too, and these make them more vulnerable to crime and criminals (Storey, 2022).In the case study given, it can be seen that a drug addict person was committing a domestic burglary, and while committing the burglary, the burglar also physically assaulted the owner of the house who was an elderly woman. In this scenario, the burglar is stated as the offender or guilty person and the elderly woman is stated as the victim. While escaping after the burglary, the offender physically assaulted the victim, resulting in serious injury to the head of the victim.

Generally, the relationship between the owner and the burglar can be stated as victim and offender, but in legal terms, the victim is the Plaintiff and the offender is the Defendant, though in that case, another plaintiff will be the State because the crime is committed against the laws of the State (Tsonku, 2023).In the above case, the offender is charged with several offences after the arrest such as, the offender is charged with domestic burglary under “section 9 of the Theft Act, 1968” and physical abuse against elderly people under “section 42 of the Care Act, 2014” and trespassing under section 61 of the “Criminal Justice and Public Order Act, 1994”.

The offence is already severe under the charges of the police in addition it was a repeated crime which means the offender was previously accused of burglary. After searching the Police also found the drug substances in the possession of the offender, so the offender also was charged under section 3 of “The Misuse of the Drugs Act, 1977/84” (Rooney, 2021). After noticing the severity of the crime the learned court sentenced the offender to 2 years of imprisonment and appointed a probation officer for the lookout of the accused person.

The severity of the offence states that the crime committed by the offender is a non-bail able offence, so it was sure that the judgment would be against the defendant when proven. But the important matter is to see how the system can compensate the elderly woman through judgment.

it is obvious that the duty of the system here is to provide compensation to the victim (Ashworth, 2019). But first, let's discuss what types of compensation the victim can claim. In view of the above case, the victim can claim financial recovery and medical recovery, for financial recovery the justice system will compel the offender to return the goods and money that he stole from the victim or can punish the offender with a fine amount which can secure the financial claim of the victim ( Erez, 2019). In case of a medical claim the court may order the offender to bear the medical bills for the injury done to the victim by the offender or may punish the offender with a fine amount which will recover the payment for the medical bills of the victim, in that case the court must take the responsibility for the healthcare of the victim.

b) Critical explanation of the court system and evaluate the methods that can be dealt with in different courts.

The structure of the court system: The structure has been defined as the court dealing with both criminal and civil cases. In the court scenario, the decision that the judiciary or the judges take can be re-challenged in the high court. If the matter is on regarding criminal basis then it can be presented in two judicial courts. There are two specific types of court system these are magistrate court and the” crown court” (Al Junaibi, 2021). The Magistrate's Court- “The Magistrate's Court” normally deals with cases that are known as “Summary offences” like offences related to motor vehicle matters, minor criminal offences, and, assault crimes that do not cause significant harm. Other than that the “Magistrate's Court” also deals with small offences, like, burglary or minimal crimes related to drug prohibitions.

“The Crown Court”- “Normally Crown Court” deals with the grievous cases, such as murder, rape, robbery etc. “The Crown court” mainly gives verdicts on important cases through a systematic trial.

The summary of offences

Driving Infringements for criminal offences can only be dealt with in the court of“Magistrates”

• Indictable offenses such cases as murder, rape, etc, these types of cases can only be heard at the “Crown courts”.
• Other offenses:-Apart from these cases such as theft, assault, and criminal damages, can be brought in either court but it will depend on the situation of that particular crime.

In the cases where the police identified that the bail is inappropriate then the defendant can be presented in front of the first available magistrate court. (Akter, 2022).

In many cases where the case result will not declare because the defense has not had the proper or full information regarding the case.

In such a situation, the defendant could be in jail or might be under custody.

Magistrate's court has the power to send the case to the crown court for Re consideration if they feel necessary that their judgmental are not well mannered. The link between crime and victims is firmly fixed in the public's mind. ( Mukhammadsidiqov, 2021). There are six major factors that contributed to the public rising of the issue of victimization and the issue of victims.

The mass media helped to identify, the plight of the victims.

The cases of foreign political and domestic cases draw attention of the plight of victims. (Lerner, 2020). Through the surveys of victimization, increasing the knowledge allows better estimates and extensions of criminal victimizations. ( Xie, and Baumer, 2021). The approach had been discredited because blaming of the victim and the precipitation of the victim. With that approach, victims were classified as “Victims-prone. Theories of victim-Precipations formerly began simply to acknowledge that in some crimes and show the relationship between victim and perpetrator, this relationship might be necessary for understanding those crimes.

Methods- There are various methods to make solutions to the cases, among those methods, two important methods are discussed below,

Arbitration - In the arbitration method, normally a neutral third party sees the evidence of the cases and makes a decision through a certain resolution. The resolution will be based on the decision of that third party, not by the two parties of the matter.

Conciliation - In case of Conciliation, the Tribunal makes the direct approach to the case by understanding which party has a strong base of proof and evidence.

C) Role of various agencies in the CJS in working in a multi-agency arrangement in preventing offenders from re-offending.

Laws relating to “Criminal Justice and court services Act 2000”- This act has made “The National Probation Service “ and has divided the criminal, children, along with work of families of the service developing a brand new agency (Cafcass).

• The work of the probations is defined below- The defence of the common people should be given utmost importance by providing the necessary amount of security. The reduction in the rate of repeated offenders can be achieved by providing correct punishment for offenders. Agencies should take the necessary measures to create awareness in the minds of the offender regarding the repercussions of the crime that the sufferer has to face.
• Rehabilitation of the Lawbreaker- Regarding community Sentencing, Recommendations were passed for building generic sentences with various terms and ingredients that need to be attached to reflect soberness and requirements. (Henley, 2022) In 2003 CJA declared the motive for sentencing adults whose ages are over 18. Every court that deals with offenders must keep the following points in mind regarding sentencing, as per the “Criminal Justice Act,” The requirement of supervision over a community order to restore what the probation officer told previously, according to which the offender needs to be in touch with the officer in charge and attend appointments
• Introduction of the “Drug Rehabilitation Requirement- ”(DRR) in place of Treatment of Drug and Testing that was implemented by the CDA Act 1998, but slightly differed from the order that can be implemented in every level. The court should be satisfied that the offender is actually taking drugs regularly or has there is a chance of drug misuse (Hong, et al.2022). But before sending the offender to drug rehabilitation centre appropriate arrangements for treatments also must be ensured.
• Penalizing of the wrongdoer - The lawbreaker should be penalized in order to prevent him from committing the same offense. Making the offenders pay compensation to the victims for the offences they have committed.
• The necessity for alcohol treatment - The offender can be put under “Alcohol Treatment” ranging from a period of up to 6 months- 3 years. But before that, the court should have enough evidence of the victim being dependent on alcohol.(Morris et al. 2023)
• Community Sentencing- As per the guidance furnished by “The Sentencing Guidelines Council” of 2002, the utilization of deferred sentences must be done for minor groups of causes related to significant thresholds, the defendant must adapt his behavior in a manner that is specified by the sentence.

Custodial Sentencing -“Criminal Sentencing and Public Order Act 1994”-As per this act, Was passed keeping in mind the increase in the number of Young offenders. Measures were made tough relating to children and young offenders (Alexeev and Weatherburn, 2022). Rules were passed for creating a secure centre of training for kids of the 12-14 age groups. The maximum time that an offender of the age group 15-17 years could serve was increased to 24 months. As per Section(2) of the “Crime(Sentences) Act 1997”- The Act focused on serious, dangerous, and persistent offenders which include crimes like murder attempts, a conspiracy of murder. However, Attempt to murder along with manslaughter. As per section 3 of the crime, a sentence of act minimum of 7 years of imprisonment is to be imposed for a third conviction of a drug trafficking case. Section 4- requires a minimum sentence of 3 years for crimes related to domestic burglary.

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Conclusion

In conclusion, it can be said that not only burglary but in the UK every kind of crime has been increased against elderly people. In statistics, it can be seen that 1 out of every 5 elderly people is a victim of a crime. Criminals also have noticed the vulnerability of elderly people that's why elderly people are victimized so much nowadays. The government also has noticed the issue so previous amendments have been made to the statutes of UK. Such as an amendment in “The Care Act” in which the government provided various sections where the rights of the elderly people are secured.

In the end, the family members of the elderly people must take steps to protect their elderly, that's how the elderly people can be protected properly.

References

• Akter, S., 2022. Provision Relating to Bail in the Criminal Justice System in Bangladesh (Doctoral dissertation, Sonargaon University (SU)).
• Al Junaibi, R.H., 2021. Comparative Study Between the Omani and the British Legal Systems in Terms of Judicial Independence and Separation of Powers. European Journal of Interdisciplinary Studies, 7(1), pp.48-76.
• Alexeev, S. and Weatherburn, D., 2022. Fines for illicit drug use do not prevent future crime: evidence from randomly assigned judges. Journal of Economic Behavior & Organization, 200, pp.555-575.
• Ashworth, A., 2019. Victims' rights, defendants' rights and criminal procedure. In Integrating a victim perspective within criminal justice (pp. 185-204). Routledge.
• Erez, E., 2019. Integrating a victim perspective in criminal justice through victim impact statements. In Integrating a victim perspective within criminal justice (pp. 165-184). Routledge.
• Henley, A., 2022. Criminalisation, criminal records and rehabilitation: From supervision to citizenship?. Probation Journal, 69(3), pp.273-277.
• Hong, P., Li, S., Yu, Y. and Deng, Q., 2022. How to enhance the motivation for drug detoxification: Consciousness guidance and behaviour restriction of family intergenerational ethics. International Journal of Environmental Research and Public Health, 19(1), p.366.
• Morris, J., Cox, S., Moss, A.C. and Reavey, P., 2023. Drinkers like us? The availability of relatable drinking reduction narratives for people with alcohol use disorders. Addiction Research & Theory, 31(1), pp.1-8.
• Mukhammadsidiqov, M., 2021. Problems of Escalation of Religious Xenophobia in the ERA of Globalization. Central Asian Journal of Literature, Philosophy and Culture, 2(12), pp.17-23.
• Rooney, L., 2021. Informing & Supporting Change: Drug and Alcohol Misuse among People.
• Storey, J.E., 2020. Risk factors for elder abuse and neglect: A review of the literature. Aggression and violent behavior, 50, p.101339.
• Tsonku, S., 2023. The parties within the criminal process of proof. Vector European, (1), pp.68-71.
• Xie, M. and Baumer, E.P., 2021. Immigrant status, citizenship, and victimization risk in the United States: New findings from the National Crime Victimization Survey (NCVS). Criminology, 59(4), pp.610-644.