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... cies plays a different but vital role. There should be a general guideline that governs how each of these agencies should act. Here in Europe the protection of Human Rights are of primary importance which allows the Convention text to be interpreted widely. (Golder v United Kingdom) The courts interpretation has led to the development of three principles which are legality, necessity and proportionality and issues regarding the accountability of public authorities. (Centrex, 2005 b) Before any of the agencies can breach the rights of a person is essential that the actions that are taken fall within the domestic law. As mentioned above any breach of a person rights should only occur if it is absolutely necessary.
Any action taken should not only be legal and necessary but also proportionate. This means that, for example, a little child who has been caught shoplifting should not be imprisoned for life, were in a murderers case this is mandatory. (Centrex, 2005 c) Most offenders first come in contact with the Criminal Justice System through the Police Service. It should be the task of the police to gather all of the evidence, disclose it and then assisted by the CPS present the case to the courts. It is not up to the police or the CPS to decide if the suspected offender is innocent or not. Both of these agencies should work on the principle that anyone charged with an offence is presumed innocent until proved guilty according to law. (Geneva Convention Act 1957) The matter of guilt is up to the court and the jury to decide. (University of Portsmouth, 2004) It does need to be remembered that the police may take someone into custody if necessary. All of the procedures including the trial can have life changing effects on any person involved. (Centrex, 2005 b) Depending on the charge he or she may lose their liberty for live.
It is very important that the agencies involved act professional as they may violate certain rights of anyone involved. It is the courts duty to deliver justice effectively and efficiently to the public. We are responsible for the administration of the criminal courts in England and Wales. (HMCS, 2005) The CPS prosecutes all suspected offenders. They need to make sure that they do this in accordance with the Human Rights Act especially Article 6. (CPS, 2005) This is crucial and helps to ensure that an innocent person or persons are not deprived of their liberty.
In 1993 the conviction of murder against the Taylor sisters a year earlier was squashed. The conviction was held as unsafe. (R v Taylor and Taylor) In another case in 2003 Sally Clarks conviction of murdering her two infant babies was also squashed by the Criminal Division of the Court of Appeal. (R v Clark) In both cases the police withheld evidence from the defence that had been crucial to the case. There are many more cases here in the UK where the miscarriage of justice is evident. (Innocent, 2005) This is in direct breach of the European Conventions and the Human Rights Act. It is essential that the Criminal Justice System need to make sure that innocent people are not deprived of their right until after a fair trial, unless they are held in custody by the police because they pose a threat. At the same time they also need to ensure that the guilty are convicted. Each of the agencies plays their part in making sure that a suspect receives a fair trial.
As Benn and Peters said this right becomes meaningless if the duty correlating with it is not performed properly. (1959 pp. 89) There is legislation in place to govern this process, such as the Police and Criminal Evidence Act 1984, the Criminal Justice and Public Order Act 1994 and the Criminal Justice, Court Service Act 2000 and the Criminal Justice Act 2003. The rules governing the Disclosure of evidence in regards to the Defence have however not been repealed yet. This to some degree needs to be done before a fair trial can be conducted. In conclusion it can be said that the idea of Human Rights is good. They are after all in place to protect all men and especially the vulnerable of behaviour that may be degrading, cruel and inhuman. The oath proscribed by the Police Reform Act 2002 describes quite well the role that each employee of the Criminal Justice System should play in regards with the proscribed Humans Rights.
I will well and truly serve, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. ' The Criminal Justice System is not there to deprive people of their rights, but to maintain law and order by upholding the fundamental rights that each person has. This is done to build a safe, just and tolerant society, in which the rights and responsibilities of individuals, families and communities are properly balanced, and the protection and security of the public are maintained. (Metropolitan Police, 2005) It can be said that Criminal Justice System is there to act as an utilitarian force to enforce the law so that the greatest possible welfare can be achieved across most parts of the population. (Oxford English dictionary, 2005 b) 2477 words Bibliography BBC News. (2005). US defends prisoners' transfers. Retrieved 13 / 12 / 2005 from web Benn, S. & Peters, R. (1959). Social Principles and the democratic State.
London: George Allen & Unwin Ltd. Centrex (2003). Definitions and References. Ashford, UK: Centrex Centrex (2005 a). Probationer Training Study Notes: General Police Issues, Stage 2.
Centrex: Ashford, UK Centrex (2005 b). Human Rights Act and the Police Service: Workbook. Centrex: Ashford, UK Centrex (2005 c). Probationer Training Study Notes: Crime, Stage 2.
Centrex: Ashford, UK CJS (2005). Working together for justice. Retrieved on 16 / 12 / 2005 from web cjs / index . html Council of Europe (2003). Convention for the protection of Human Rights and Fundamental Freedoms as amended by Protocol 11. [Electronic version] Retrieved on 19 / 12 / 2005 from web Council of Europe (2005).
European Court of Human Rights: Survey of Statistic 2004. [Electronic version] retrieved on 19 / 12 / 2005 from web CPS (2005). About the CPS. retrieved 16 / 12 / 2005 from web Criminal Justice Act 2003. (C 44) London: HMSO Criminal Justice and Court Service Act 2000. (C 43) London: HMSO Criminal Justice and Public Order Act 1994. (C 33) London: HMSO Die Bundesregierung (2005) Grundgesetze. Retrieved 13 / 12 / 2005 from web Gaskin, C. (Ed. ). (1998). Leviathan, Oxford, UK: Oxford University Press. Geneva Convention Act 1957 (C 52) HMSO: London Goodin, R & Pettit, P (1998).
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Her Majesties Court Service. Retrieved on 16 / 12 / 2005 from web Human Rights (2005). Drafting and Adoption. Retrieved on 19 / 12 / 2005 from web Human Rights Act 1998 (C 42). London: HMSO Indiana University (n. d. ).
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Harlow, UK: Pearson Education Limited Metropolitan Police (2005). The Richard Dimbleby Lecture 2005 by Sir Ian Blair QPM. Retrieved on 20 / 12 / 2005 from web organisational news and general information / commissioner /the richard dimbleby lecture 2005 by sir ian blair cps Oxford English Dictionary (2005 a). Trust. [Electronic version] Oxford, UK: Oxford University Press.
Retrieved on 16 / 12 / 2005 from web type = word&query word = trust&first = 1 &max to show = 10 &sort type = alpha&result place = 1 &search id = zr-a Aq 2 mA- 4905 &halite = 50026973 se 8 Oxford English Dictionary (2005 b). Utilitarianism. [Electronic version] Oxford, UK: Oxford University Press. Retrieved on 20 / 12 / 2005 from web type = word&query word = Utilitarianism&first = 1 &max to show = 10 &single = 1 &sort type = alpha R v Clark - [ 2003 ] 2 FCR 447 R v Taylor and Taylor (1993) 98 Cr App Rep 361 CA United Nations (2005 a). Charter of the United Nations. Retrieved 13 / 12 / 2005, from web United Nations (2005 b). Universal Declaration of Human Rights.
Retrieved 13 / 12 / 2005 from web University of Portsmouth (2004). Introduction to Criminal Justice: Level 1. Portsmouth, UK: Institute of Criminal Justice Philip, M. (Ed. ). (1998). Rights of Man, Common Sense, and other political writings. Oxford, UK: Oxford University Press Police and Criminal Evidence Act 1984, (C 60) London: HMSO Police Reform Act 2002 (C 30). HMSO: London The White House (2005).
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Research essay sample on Human Rights And The Criminal Justice System
