Criminal Justice System

• What models does Packer offer for criminal justice

  Crime Control and Due Process
• What is the aim of Packer's crime control model of justice

  Apprehend, convict and punish offenders and provide justice for victims and society as a whole
• What is the aim of Packer's due process model of justice

  Protection of the innocence and limiting governmental power and emphasis on dignity and autonomy of both the accused and the system
• What is the current state of the criminal justice system in the UK?

  • Shortages of criminal duty solicitors
  • Criminal legal aid is becoming more inaccessible
  • Court closures
• Where can the constitutional right for access to justice be found?

  Magna Carta 1215 Chapter 40: ‘We will not deny or defer to any man either Justice or Right’
• How did the programme of austerity negatively affect the cJS

  • Loss of key staff
  • Court closures
  • Limited sitting days
  • Cuts to legal aid
• What is legal aid?

  Introduced in the Legal Aid and Advice Act 1949 which provides legal advice for those of slender means and resources and allows for counsel to be paid
• What was the purpose of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?


  • abolished legal aid for a wide range of civil disputes, including family law and employment cases.
  • Changed the qualification standards
• Why is legal aid important for defendants?

  • Enables the rights of defendants through legal representation
• Why is legal aid important for victims?

  Doesn't force them to be cross-examined by someone they're alleging a crime against
• How does legal aid affect other parts of the criminal justice system?

  • Solicitors and barristers are under-paid
  • Creates backlogs and delays
• What are the diversions from prosecution?

  Out of court disposals such as no further action, community caution, diversionary caution, and community resolution
• What are the criticisms of the jury model?

  • Fairness of jury decision making
  • Racial discrimination
  • Consistency of jury verdicts
  • Comprehension of legal instructions
  • Jury impropriety
  • Impact of media coverage
• How many people sit on a jury?

  12 laymen
• A jury SHOULD be responsible for determining guilt


  • The unconscious bias of 12 people is better to face than one person's
  • 56% of 373 legal professionals stated they had witnessed at least one judge acting in a racially biased way towards a defendant
  • There's better racial representation within a jury than in the judiciary
  • Juries are stricter in rape trials and convict in 75% of case
• A jury SHOULD NOT be responsible for determining guilt

  • Laypeople may struggle to understand complex legal principles and evidence, potentially leading to erroneous verdicts. (Are Juries Report found only 31% understand)
  • Jurors can be influenced by personal biases, emotions, and media coverage, which might compromise their impartiality (AJR found more than 3 in 10 jurors in high-profile cases remembered pre-trial media coverage)
  • The variability in jury composition can lead to inconsistent verdicts for similar cases, undermining the predictability of the legal system
• LEGAL AID is the most significant issue in the CJS


  • Spending on legal aid has fallen by 38% from £2.5 billion in 2010 to £1.6 billion in 2020
  • 99% of people living in England and Wales do not have access to a local legal aid provider for housing-related issues (Law Society)
  • Legal aid workloads have dropped by over 50% since 2013 (Ministry of Justice)
  • The number of self-represented defendants in family courts rose from 45% in 2013 to 64% in 2021 (MoJ)
  • Eligibility criteria is difficult
  • Only 2,900 solicitor firms and organisations provided legal aid in 2019- 20
• DIVERSIONS FROM PROSECUTION is the most significant issue in the CJS

  • A discretionary power made by the police which has led to justice by geography
  • Men and black people are more likely to not benefit from these
  • Allows the police to be involved in the decision-making process of the CJS
  • 22% of adults who received a conditional caution reoffended within one year
• Issues with the initial reporting process for sexual offences

  • The police operate on a non-belief in victims' statements following Henriques Report
  • Not all officers are trained to handle taking statements
  • Austerity measures cut back training for specialist officers
  • Reports take a long time to process which causes missed opportunities of evidence collection
• Issues with police investigations for sexual offences

  • Failure to interview relevant parties - more focus on the victim
  • Failure to follow reasonable lines of inquiry
  • Issues with CPS
  • Backlogs and delays
  • Institutional misogyny within Met Police Force - are more suspicious of women