The criminal justice system in England and Wales - Essay Example

Running Head: CRIMINAL JUSTICE SYSTEM Criminal Justice System [The [The of the The Criminal Justice System In England And Wales Is In A State Of Almost Continuous Change Introduction A comparative learn of two media forms such as newspapers is conducted by means of a simple systematic move toward. This approach occupied taking sections of the articles inside the newspaper and analysing them on a variety of factors such as images, context, lexis, syntax and linguistics. We appreciate images to be any form of graphical in order, context as the major story and the standard ideas it represents, lexis as the actual language used, grammar as the agreement of the lexis and linguistics as verbal communication devices such as influential or informative approaches. Looking at these variables within an piece of writing will enable a contrast to be drawn as it is the resemblances and dissimilarities which help to identify the form which expresses the correct communication and that which expresses the conflicting (Davies, 1998). Crime Control VS Due Process "Strategy is a procedure, a steady adaptation to uneven conditions and conditions in a globe where chance, uncertainty and vagueness control..." (Murray, Grimsley 1994 Pg1)) Illegal Justice (ICJS 2002 Pg81)) states that plan is about vision and the procedure of plan preparation and organization is how that dream is realised. There are three mechanisms to the planned planning procedure, specifically: Strategic analysis: Strategic choice: and Strategic achievement. (ICJS 2002 Pg82) It is not, debatably, until this procedure has been accepted that it can be said an organisation has urbanized a strategic move toward to commerce with their troubles. We will now go on to effort to show how this procedure has, or has not, been done inside the background of anti-fraud movement inside the Public Sector. To finally arrive at a phase anywhere an organisation can say, "This is our policy" takes a lot of hard labor, soul penetrating and not to talk about analysis. On top of this is the readiness of an organisation to believe the results of this procedure and have the strength to apply this enchantment policy. As mentioned above there is a immense deal of mistake over the idea of a policy and once it has been shaped it then becomes a holy grail, a universal remedy for all troubles. This is not the container. This magic policy is ghostly in nature, ever altering in line with mounting trends and if it is not extravagances so it can be oppose prolific. It is in this light that we will seem at first the Subdivision for Work and Pensions (DWP) and it's policy for contradicts fraud. There have been two chief reports/studies in fresh years, which have wrought the D.W.P.'s anti fraud policy. These are the Scampion Report, collected by John Scampion functioning in combination with Professor Michael Levi, Lecturer of Criminology at Cardiff University. (Scampion 2000) This account mostly deals with organised deception and how it is attempts, but he also looks at the association flanked by the two arms of the analytical process inside DWP, these life form Counter-Fraud Investigation Division, now recognized as Programme Protection Partition and Counter-Fraud Investigation Service and anywhere they sit in family member to one another and counter- fraud activities. The other report was that produced by Lord Grabiner Q.C. that dealt in the major with the relaxed financial system (Grabiner 2000). originally both these papers had a profound result on the approaches and practices of together the deception practioners on the earth and those tasked with created a fraud policy inside DWP. Here was an chance to build on the labor being done to get improved the professionalism of the investigators from side to side the P.I.N.S. programme. Grabiner's account extolled the qualities of "connected up Government", no longer would administration agencies work in separation of every other. He recognised that though it is tremendously hard, if not possible, to truly know the level of deception being commits against the administration it was sensibly safe to take for granted that in a great a lot of cases if deception was being perpetrate next to one administration section there was a knock on result for other organizations. With a more listening carefully move toward all interested organizations would share information, intelligence and ready know-how, in order to combat deception against, not just one department but to protect the public purse in general. Grabiner stopped short of vocation for a unified bespoke Fraud Agency, preferring instead to recommend the sharing of intelligence between the present agencies. Many feel that this recommendation was a mistake as an all-encompassing fraud organization would be in a improved place to both create a logical anti-fraud strategy and an effectual operations division to put into practice any policy developed. Conversely Scampion, who too recognised the require for the banquet and distribution of gathered cleverness, went a step additional than Grabiner and not compulsory an merger of the Benefits Organization two analytical arms, this alas did not approach about, perhaps due more to interior politics than no matter which else. What did happen from the Scampion account was the formation of Operational cleverness Units inside the recently shaped Counter-Fraud examination Service (C-FIS) this was unquestionably in answer to Scampion's comments that " The cleverness resource be supposed to be directed in one place and wrap the cleverness needs of the entire scheme..." (Scampion 200 Chpt 3.9). One of the main hesitant blocks in devises and applying a coherent ant deception policy within DWP is it's extremely create up. C-FID is managed by a modified command arrangement responsible eventually direct to the priest. C-FIS on the other give is very a great deal fraction and package of DWP local Directorates. In result there are 11 dissimilar anti-fraud sides all through Britain every responsible to their own Regional Director. These Managers view the fraud group of people as an addition to the force to reduce deception and mistake by 30% by March 2004, if this form can be achieved from side to side plummeting error by manually then that is what will occur. This can be seen by now; as the Area Directorates shove on dipping error gather impetus the fraud constituent is marginalized (fraud teams have seen decreases in recruitment heights over the past year, with more cuts planned for the pending ready year). Fraud has been, and motionless is seen as a "fasten on" (Scampion 2000 Pg17) and not as an essential fraction of the organisation. Despite a variety of policy documents such as "Beating Deception is everyone's Business" (DSS 1998) and "An agreement for wellbeing". (DSS 1999) in which the Government's planned aims for opposed fraud are places out, the completion and growth of this area of employment is still in the gives of public who not appreciate basic criminality nor the basics of the Criminal Justice scheme. It could be pale to declare that as an organisation, C-FIS does not actually understand the queries they be supposed to be looking at. What created an individual, collection of persons or organisation de-fraud the organization Is it need or gluttony Do the public's manner to defrauding the administration need to be tackles Does administration strategy need to be distorted, both in terms of its communal outlook and in how the organization is policed There is plenty evidence obtainable to propose that, like other category of crime, benefit deception cannot be eliminating totally. However by sympathetic trickery, fraudsters and your own procedures then the entrepreneur may be discouraged from criminal in the original place. DWP create a plethora of papers outlining how objectives are, or are not, met and it might be fighter that the information shaped on 18/02/03 (DWP 2003) show that present is an obvious augment in the deception and error on the preceding year. Although it have to be piercing out that deception is not counted by itself and is seen as a bedfellow of mistake. This in itself, it might be argued, tips to how fraud is luxuries within DWP in universal and Jobcentreplus in exacting. To reply one or two of the tips raise earlier, in exacting the question of community receipt of benefit deception. Indeed it might be said that this matter is the center to "Beating Fraud..." (DSS 1998). Much is complete of who actually experiences from advantage fraud and according to this magazine "Social Security fraud is a threefold wickedness". It seems that it is advantage fraud, alone which weakens the welfare condition, avoided pensioners from in receipt of hip substituted and children from in receipt of nursery care. Whether or not advantage fraud does this is a issue for another paper, suffice to say that this is the kind of picture the administration would similar to to depict and has shed the "fraudster" as evil incarnate. It is in this glow that the "Tackling Benefit Fraud" movement is being run. A sequence of TV adverts at liberty "We're on to you" tries to hoist the unacceptability of deceived the state, with the motto "You might be next". This publicity campaign is creation an attempt to raise the communal unacceptability of advantage fraud and near the beginning suggestions are that information being accounts have shown a noticeable add to in the previous six months. The disadvantage is that these policies cannot be fully realized as the figure of investigators is vigorously being abridged: and the bough of the D.W.P. managers this movement has no straight control of the analytical arm wanted to examine. One of the main responses to the Scampion Report by D.W.P. was the formation of a Fraud Policies Unit (FSU) in 2000. The aim of FSU was to expand and monitor policies "...that deliver a incessant decrease in losses from deception and mistake in Social Security benefits" (The Fraud policy Unit- accessed 4/11/03). This was planned to include a planned view of how D.W.P. handles its commerce, from contributions data onto case organization systems, prospect I.T. solution, data distribution opportunity with other Administration Agencies, Local Establishment and other rule enforcement organizations, to how claims be supposed to be complete at the beginning. They would also be accountable for the Targeting Fraud Movement. All this was to be complete inside the framework of a fraud requirement document, which would be checked in part by the Illegal Intelligence Analyst inside each district. Alas three, approximately four, years afterward very small of this has been. As Richard Kitchen (Head of Vocation) said at a recent cleverness Conference in Blackpool "...much of administration strategy, and consequently our policy, is recurring. With before discarded ideas and strategies pending back into focus". Many consider that he was messengers the return of the harm the reputations of W.B.S. organization of footage results, although under a dissimilar person's name. The N.H.S. have also shaped various papers on the topic of combating deception and in responsibility so echo a great deal of the feeling expressed in D.W.P. "Fraud in...is intolerable","...the government is strong-minded to trample it out..." (NHS 1998). Again the foundation of N.H.S. Policies is professionalism from side to side the P.I.N.S. programme. The universal communities are again depicting in the role of the injured party. Maybe by responsibility this Administration hopes to personalise what is usually viewed as a victimless offense. The fact is that with together D.W.P. and the N.H.S. frauds it is complicated, if not nigh on impossible to estimate the true figures involved in fraud. Indeed Paul Spicker (Spicker 2002) argues that the obtainable proof cannot give reason for the information for advantage deception. The same influence could be levelled at the N.H.S. The noise bites of plummeting deception to smallest quantity stages and investment them there the length of with a additional destructive strategy of impressive sanctions and defamatory the offenders, all noise very imposing and might make an impression the informal observer, but can these aspires be achieved It takes consistency and strength of mind not to talk about the internal authority and ready structures to see these policies to fruition. As states in CJS (pg91) the completion of a policy takes three major rudiments: Management of change: The essential resources and organization of these capitals: and the right design and understanding of the organisation itself. Both organisations contain set out, debatably, in the right way. Both have shaped their dreams for the prospect jointly with a raft of suggestions as how to attain their own ends whether it be from side to side the professionalism of their employees from side to side P.I.N.S. certainly D.W.P. were in the middle of the primary to put into carry out this programme with the consequence that a figure of Advantage Investigators, upon flattering Accredited Oppose Fraud Officers left D.W.P. to link the N.H.S. Directorate of Counter Fraud Services. Both contain set concerning raising community awareness of deception and how it crashed on the life of taxpayers. Both have undertaker to get rough on fraudsters. This is one region that can make odd bedfellows. On the one give the medium is only to eager to run the anti-fraud movements and yet on the other will gladly if not excitedly lambaste the a variety of organizations when authorized are transports to bear. The person cost of deception is frequently overlooked; it is all too simple to shed all "fraudsters" in the position of communal dissident out to destroy the wellbeing state. Whilst it cannot, nor be supposed to not, be deprived of that there is a ample ingredient of organisation inside fraud, present are a vast figure of people livelihood on the breadline whose merely way to create ends meet is to make " a small bit on the surface". To criminalise these populace, whilst easy objected, merely serves to provide the Government with the good reason necessary to introduce new far-reaching powers such as those now obtainable to D.W.P. under the Social Security Fraud Act 2000. It is supposed to not be beyond that all community repair bodies are topic to varying degree of "persuasion" from administration and it might be quarrel that the "deception query" is trotted out at what time it is the majority politically helpful. Role of Criminal Justice Systems in England and Wales Modernisation of The Illegal Justice Act 1991 saw a move from psychotherapeutic move toward to cognitive behavioural programmes. This shift distorted the emphasis of blame of the service to blame of the individual to focusing on their exact unacceptable behaviour consequently making criminals accept liability for their events. There was as well a realisation that it was significant to develop a logical plan of completion at an early phase. There was a move from individualised verdicts based upon the idea of 'just desserts' or proportionality, sense the severity of the verdict should match the significance of the offence. The idea of the service redirected from custody was expels and the Probation Order became a straight sentence of the courtyard, becoming a verdict in its own correct resultant in a punishment which though not custodial still limited the offender's freedom. A group of people rehabilitation arrange (formerly known as a probation order) is a group of people sentence which requires the criminal to be oversees by the trial service for flanked by six months and three existence. A community treatment order can be complete for any offence which the courtyard considered is serious sufficient. The reason of the order is to restore the offender, defend the public and stop the offender entrusts further offences. Groups of people treatment orders are often complete where there is a obvious underlying difficulty most important to offense, such as mistreatment of drugs or alcohol, complexities in controlling behaviour or a disordered way of life (Home Office 2000). Conclusion In end, it could be argued that though high-level policies have been urbanized, little has distorted at ready level and the natural world of administration create it hard for these policies to in fact achieve something. 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London: Department of Social Security http://www.dwp.gov.uk/publications/dss/2000/scampion [accessed 24/10/2003] Spicker, P. (2002). Poverty and the Welfare State: Dispelling the myths. London: Catalyst http://catalystforum.org.uk/pubs/paper9.html [accessed 3/11/2003] Read More