Lecture 4 - Criminal Justice Process

• Who is the lecturer for the LAW4007 Criminal Legal Process module?

  Luke Fisher
• What are the main topics covered in the LAW4007 Criminal Legal Process module?

  • Two opposing systems of Criminal Justice
  • Accountability and Human Rights
  • CPR and CPS
  • Classification of Offences and allocation
  • Pre-Trial and Trial – Procedure and some Evidential Considerations
  • Criticism
• Who constructed the two models of criminal justice?

  Herbert Packer
• What are the two models of criminal justice proposed by Herbert Packer?

  The Crime Control model and the Due Process model
• What accounts for the conflict and disharmony in the criminal justice system according to Packer's models?

  The tension between the Crime Control model and the Due Process model
• What is the primary function of criminal justice according to the Due Process model?

  To provide due process or fundamental fairness under the law
• According to the Due Process model, what should criminal justice concentrate on?

  Defendants' rights
• How should police powers be viewed under the Due Process model?

  They should be limited to prevent official oppression of the individual
• What is the view on constitutional rights in the Due Process model?

  They are not mere technicalities and authorities should be held accountable
• How does the Due Process model view the criminal justice process?

  As an obstacle course with procedural safeguards
• What is the stance of the Due Process model on government actions regarding guilt?

  The government should not hold a person guilty without following legal procedures
• What is the primary function of criminal justice according to the Crime Control model?

  The repression of crime
• What does the Crime Control model prioritize over defendants' rights?

  Vindicating victims' rights
• How should police powers be viewed under the Crime Control model?

  They should be expanded to facilitate investigations
• What is the view on legal technicalities in the Crime Control model?

  They should be eliminated to aid police work
• How does the Crime Control model view the criminal justice process?

  As an assembly-line conveyor belt
• What is the presumption of guilt in the Crime Control model based on?

  The reliability of police and prosecutor fact-finding
• What is the main objective of the criminal justice process in the Crime Control model?

  To discover the truth or establish factual guilt
• How do the Crime Control and Due Process models reflect different values?

  • Crime Control model: Reflects conservative values
  • Due Process model: Reflects liberal values
  • Political climate influences which model shapes criminal justice policy
• What was the political climate during the 1960s regarding criminal justice policy?

  It was politically liberal, favoring due process principles
• What political philosophy dominated from the mid-1970s to the early 21st century?

  Conservatism
• What is the significance of changing attitudes towards drug crime?

  It may indicate a shift back to more liberal values
• What role does the Police and Crime Commissioner play?

  To oversee an efficient police force and hold the Chief Constable accountable
• What are the key articles of the Human Rights Act 1998 relevant to criminal justice?

  • Art 2: Right to Life
  • Art 3: Prohibiting Torture
  • Art 5: Right to liberty
  • Art 6: Right to a Fair Trial
  • Art 8: Right to a private and family life
• What was the outcome of the case Chief Constable Herts v Van Colle [2008]?

  The House of Lords confirmed a positive obligation under Art 2 to protect individuals whose lives are threatened
• What was the court's finding regarding the police's knowledge of risk to Van Colle's life?

  There was no valid basis to conclude that the police should have known of a real and immediate risk
• What were the circumstances of the case Michael and others v The Chief Constable of South Wales Police [2015]?

  Ms. Michael requested police protection from her aggressive ex-boyfriend, who later killed her
• What was the outcome of the call made by Ms. Michael to the police?

  The call was downgraded, and police arrived too late to prevent her murder
• What was the claim made by Michael's family against the police services?

  They claimed damages for negligence and under the Human Rights Act, Art 2
• What was the Divisional Court's decision regarding the police's application for summary judgment in the Michael case?

  It refused the police application for summary judgment
• What did the Supreme Court uphold in the Michael case?

  No claim in negligence, but a possible Art 2 claim
• What did Lord Kerr state regarding police duty in the Michael case?

  There is a legal duty for police to protect individuals whose lives are threatened
• What is the overriding objective of the Criminal Procedure Rules?

  • To deal with criminal cases justly
  • Acquitting the innocent and convicting the guilty
  • Recognizing defendants' rights under Article 6
  • Respecting the interests of witnesses and victims
  • Ensuring efficient case management
• What does Rule 3 of the Criminal Procedure Rules emphasize?

  The judge's active case management role
• What does the early identification of issues in case management aim to achieve?

  Certainty about what must be done and by whom
• What was the finding of the research by Darbyshire (2014) regarding case management rules?

  These rules are applied differently in different courts
• What was the situation regarding police prosecution prior to 1986?

  Police prosecuted most crimes themselves
• What did the 1970 report "The Prosecution in England and Wales" argue?

  It was not in the interests of justice to have the same agency investigating and prosecuting crimes
• What were the concerns regarding police prosecution before 1986?

  Prosecution was not impartial and could withhold disclosure
• What was the outcome of the Royal Commission in Criminal Procedure 1981?

  It highlighted inconsistent decisions and inadequate case preparation