Criminal Justice System

• Describe, in detail, the role of the criminal courts

  1. The justice of the peace court is for the lowest types of crime in Scotland. Its role is to deal with minor crimes so it never uses solemn procedure. For example, the justice of the peace court have the power to give £2,500 fines.
  2. The high court is most important type of court in Scotland. it’s role is to deal with the most serious crimes so it always uses solemn procedure. For example, the high court has the power to give unlimited fines and life imprisonment for crimes like murder.
• Explain, in detail, why the criminal courts in Scotland are effective in tackling crime (1)

  1. Courts keep the public safe. A key role of the courts is to lock up dangerous criminals to stop them from harming others. For example, the high court imprisons murders like Aaron Campbell to protect the public.
  2. Courts deter criminals. A key role of the courts is to punish criminals to make others think twice before committing a crime. For example, the courts can give tougher punishments for hate crimes to deter people from being racist.
• Explain, in detail, why the criminal courts in Scotland are effective in tackling crime (2)

  1. A key role of the courts is to provide justice. The victim knows that the court has done what it can to make the criminal pay for the crime. For example, the family of Julie Reilly said that they felt justice was dealt as the “ govan butcher “ was convicted.
• Explain, in detail, why some people believe that the criminal courts in Scotland are ineffective in tackling crime.

  1. Most Scot’s that that the courts are too soft. The Scottish government encourages the courts to use non-custodial sentences but these do not deter criminals or provide justice. For example, fines , tags and community serves are too soft.
  2. It could be argued that the courts are deterring criminals. There has been an increase of crime which shows courts are too soft. For example, violent crime like murder and assault has increased by 12% in Scotland.
• Explain, in detail, the powers of the children’s hearing system (1)

  1. The reporter has the power to discharge the case. This means that the problem has gone away and no action is needed. For example, the child has returned to school or has stopped reoffending.
  2. The panel has the power to give a supervision order. This means the child stays in the family home but a social worker will visit to monitor the progress. For example, the social worker can help care and supervise the child until they are 18.
• Explain, in detail, the powers of the children’s hearing system (2)

  1. The panel has the power to remove the child from home. This is done to protect the child from themselves or from dangerous family members. For example, the child can be placed in foster care.
• Explain, in detail, the role of the children’s hearing system (1)

  1. one role of the hearing system is to protect the child. The reporter investigates all referrals and makes the decision if a hearing needs to be held. For example, 75% of all referrals come from the police.
  2. One role of the child’s hearing system is to listen to the child. The child meets with three panel members around a table, puts their point of view across and helps decide what will happen. For example, the panel members must all listen to what the child wants.
• Explain, in detail, the roles of the child’s hearing system (2)

  1. Another role of the children’s hearing system is to help the child. the panel does not give out punishment only makes decisions to improve the child’s situation. For example, the panel might decide the child needs a social worker.