Law defines as the idea of a set of rules established by authority, government or society.
Generally talking the major distinction between criminal and civil law is, criminal regulation engages policemanman and municipal regulation engages conflicts between persons where no policemanman involve.
Criminal law is concerned with the relationship between the individual and the general public, criminal actions like motoring offences, robbery, assault etc are usually brought by the region. The main function of criminal proceedings is to punish the offender.
The criminal fairness system is one of the very major public service in the society. There are many agencies who work together under criminal justice system; some of these are police, the courts, the prison service, the crown prosecution service and the national probation service. The work of these agencies is over looked by three government departments which are the home office, the attorney general office and the department of constitutional affairs.
All these departments and agencies are work together to improve the criminal justice system in order to:
- Prevent crime.
-Give victims and witnesses more support.
- Punish offenders.
Generally progress through the criminal justice process is very time consuming and complicated, in some situations cases could take more than a year before they approach to decision.
Many situations start off with the defendant first communicate to police. The contribution of police in criminal justice system is very important because police got the responsibility of arresting criminal, gathering evidence and investigating crimes. Police officer has the power to ask general public questions at any time, but it depends on the public if they want to answer or not because police cannot force them until they are arrested.
They are two types of arrest situations:
-apprehend with a warrant.
-apprehend without a warrant.
Generally warrant is a written permission, which is used as a proof in arresting situation. The warrant contains the name of the suspect and the offence he or she has committed. The police apply to magistrate court for a warrant to arrest a suspect.
The magistrate court has a power of refusing police by not issuing a warrant but if it does issue a warrant against suspect than a police officer can conduct the arrest.
Majority of the arrests in UK are carried out without a warrant. Police can arrest anyone at anywhere if they find the suspect suspicious, violent to public and about to commit a crime or responsible for any arrestable crime. The main arrestable crimes are:
- Any offence which parliament has declared to be arrested.
- Any crime for which an adult may get sentenced for imprisonment.
- Fixed sentenced crimes e.g. murder.
A caution can be given when police found a sufficient evidence for a conviction and it is not considered to be in the public interest to institute criminal proceedings. In addition to caution an offender must admit guilt and consent to a caution in order for one to be given.
Cautions commonly given by senior police officers and they mostly used for the young people and first time ...