Criminal Justice: An Introduction To The Criminal Justice System In England And Wales

511 Pages·2005·4.01 MB·English

by  Malcolm Davies

0582473209_COVER(Davies) 14/2/05 10:41 am Page 1
criminal justice
third edition third
edition
An Introduction to the Criminal Justice
System in England and Wales
Criminal Justice provides information in an accessible and lively format about the various agencies of the
criminal justice system, their legal responsibilities, and the social and political context in which they c third edition
operate. It outlines important concepts in English criminal law and defines crime and the varied responses
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to it. It also explores the non-legal factors which affect the operation of the criminal justice agencies and
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identifies the policy issues involved in the control of crime and the pursuit of justice.
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Key agencies discussed are the police, probation, prisons, the magistrates' and Crown courts, and the
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Crown Prosecution Service. The effect of the structure of criminal appeals and the role of the Home n
Office, the Criminal Cases Review Commission, the Prisons and Probation Ombudsman, and the Parole
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Board are all included. The viewpoints and influences of victims and of bodies charged with monitoring
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and evaluating the agencies are assessed.

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Each chapter includes review questions and a further reading section. The book also features a chronology u
of key dates, a glossary of terms, student exercises to aid understanding, and information about websites
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of interest.
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NEW TO THIS EDITION:
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• Recent key developments in criminal justice are covered, including the changes enacted by the
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Youth Justice and Criminal Evidence Act 1999, the Human Rights Act 1998, and the Criminal
Justice Act 2003 An Introduction to the Criminal
• Discussion of: crime reduction and prevention initiatives; new police community support officers;
Justice System in England and Wales
enhanced concern with the role of victims; cross-border crimes, globalisation and terrorism
• The Macpherson report on the Stephen Lawrence murder
• Increasing influence of changes in information technology
• Growth of monitoring and accountability within the criminal justice system Malcolm Davies
• New and enhanced sections on Europe, probation, human rights, youth justice, victims and crime
Hazel Croall

There is also a companion website for the book at www.pearsoned.co.uk/davies_crimwhich features Jane Tyrer
regular updates to the law and criminal justice system.
Professor Malcolm Daviesis Head of Ealing Law School, Thames Valley University.
Davies
Hazel Croallis Professor of Criminology at Glasgow Caledonian University and author of Crime and
Society in Britain(1998) ISBN0 582 29897 0, also published by Longman. Croall
Jane Tyreris Principal Lecturer in Law at Buckinghamshire Chilterns University College. She has twenty
years' experience as a lay magistrate. Tyrer
Cover image © Getty Images www.pearson-books.com
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Criminal Justice
Visit the Criminal Justice, third edition Companion Website
at www.pearsoned.co.uk/davies_crim to find regular
updates in the field of criminal justice.
CRIM_A01.QXP 7/2/05 13:54 Page ii
We work with leading authors to develop the strongest
educational materials in law, bringing cutting-edge thinking
and best learning practice to a global market.
Under a range of well-known imprints, including Longman,
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CRIM_A01.QXP 7/2/05 13:54 Page iii
DAVIES, CROALL AND TYRER
Criminal Justice
An Introduction to the
Criminal Justice System
in England and Wales
Third Edition
CRIM_A01.QXP 7/2/05 13:54 Page iv
Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
and Associated Companies throughout the world
Visit us on the World Wide Web at:
www.pearsoned.co.uk
First published 1995
Second edition 1998
Third edition published 2005
© Malcolm Davies, Hazel Croall and Jane Tyrer 1995, 2005
The rights of Malcolm Davies, Hazel Croall and Jane Tyrer to be identified
as authors of this work have been asserted by them in accordance with the
Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without either the prior
written permission of the publisher or a licence permitting resricted copying
in the United Kingdom issued by the Copyright Licensing Agency Ltd,
90Tottenham Court Road, London W1T 4LP.
ISBN 0 582 47320 9
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Davis, Malcolm, 1946-
Criminal Justice : an introduction to the criminal justice system in
England and Wales / Davis, Croall, and Tyrer. – 3rd ed.
p. cm
Includes bibliographical references and index.
ISBN 0-582-47320-9

1. Criminal justice, Administrations of – England. 2. Criminal procedure –
England. 3. Law enforcement – England. 4. Corrections – England. I.I Croall,
Hazel, 1947- II. Tyrer, Jane, 1951- III. Title.
KD7876.D38 2005
364.942–dc22 2004061628
10 9 8 7 6 5 4 3 2 1
08 07 06 05
Typeset in 9.5/12.5pt ITC Century Book by 3
Printed in Great Britain by Henry Ling Ltd., at the Dorset Press, Dorchester,
Dorset
The publisher’s policy is to use paper manufactured from sustainable forests.
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We would like to dedicate this book to Michael Molyneux for his
inspiration as a teacher to generations of students and colleagues in
the Law School at Thames Valley University
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Brief contents
List of figures xviii
List of tables xx
Preface xxi
Author’s acknowledgements xxiv
Publisher’s acknowledgments xxv
Table of cases xxvi
Chronology of key dates in the development of criminal justice in
England and Wales xxvii
A
PART
Introduction to criminal justice 1
Chapter 1 What is criminal justice? 3
Chapter 2 What is crime? 35
Chapter 3 Victims and the impact of crime 62
Chapter 4 Governmental, political and administrative context of
criminal justice in England and Wales 80
B
PART
Criminal justice process: law enforcement 113
Chapter 5 Crime prevention and reduction 115

Chapter 6 The police 140
Chapter 7 Prosecution, caution and diversion 180
Chapter 8 Youth justice 209
C
PART
Criminal justice process: criminal courts 231
Chapter 9 Criminal courts, judiciary and pre-trial procedure 233
Chapter 10 The trial and establishing guilt 261
D
PART
Criminal justice process: penal system 289
Chapter 11 Sentencing aims and process 291
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VIII BRIEF CONTENTS
Chapter 12 Punishment philosophies and penal paradigms 332
Chapter 13 Prisons 364
Chapter 14 Probation service and community penalties 398
Chapter 15 Conclusion 415
Glossary 419
Appendix 1 Practical exercises 428
Appendix 2 List of websites 435
Bibliography 440
Index 451
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Full contents
List of figures xviii
List of tables xx
Preface xxi
Author’s acknowledgements xxiv
Publisher’s acknowledgments xxv
Table of cases xxvi
Chronology of key dates in the development of criminal justice in
England and Wales xxvii
A
PART
Introduction to criminal justice 1
1
CHAPTER
What is criminal justice? 3
Introduction 3
1.1 Criminal justice in England and Wales 4
Agencies 4
Smaller agencies and bodies 5
Civil society and the private sector 5
Expansion of the criminal justice system in the late twentieth

century: personnel and costs 6
1.2 Criminal justice defined: functions and form 8
Content of the criminal law: what is penalised? 9
Form and process: criminal procedure and criminal justice agencies 10
Functions and aims of the criminal justice system 10
Mode and distribution of punishment 12
1.3 Principles of criminal justice 12
Adversarial justice 12
Rule of law 16
1.4 Systems approach and criminal justice sub-systems 17
Flow charts of the criminal justice system 20
1.5 Paradigms and models of criminal justice 23
Models of criminal justice 23