Teaching Responsibility

LJMU Schools involved in Delivery:

Justice Studies

Learning Methods

Lecture

Online

Workshop

Module Offerings

5302PS-SEP-MTP

Aims

Students will learn about the components of the criminal justice system, how they operate and how the relate to each other. Students will learn about the specific roles of the various agencies and institutions within the criminal justice system students will explore the process of getting people to custody and the routine processes around detention Understanding of the trial process and preparation of matters for court proceedings Understanding of the sentencing and wider disposal options available, and the debates around these Knowledge and understanding of the legislation relating to detention, preparation for court and trials

Learning Outcomes

1.
Understand the constituent parts of the criminal justice system and how they interact
2.
Understand the role of the various agencies and organisations that play a part in the criminal justice system at each of its stages
3.
Demonstrate knowledge and understanding of the legal requirements relating to the preparation of cases for prosecution.
4.
Assess the relevance and effect of sociological and criminological factors on the process of detention, prosecution and subsequent disposal of cases

Module Content

Outline Syllabus:Criminal Justice system. Courts and their functions Criminal justice organisations, institutions and agencies Routine processes of detention preparing proceedings for court The court process Options for disposal of cases and the issues arising
Module Overview:
The aim of this module is to learn about the components of the criminal justice system, how they operate and how the relate to each other. You will learn about the specific roles of the various agencies and institutions within the criminal justice system and you will explore the process of getting people to custody and the routine processes around detention.
Additional Information:Lectures will impart theory to students, which will be explored in greater depth and broader context in seminars. Workshops will be used for activities allowing students to apply the knowledge to scenarios and simulated exercises. Where relevant and appropriate the concept of evidence based policing will be introduced and its relevance in this context explained. There will also be reference to the College of Policing 'What Works' facility. National Policing Curriculum Indicative Content Criminal Justice 1.1 Function and purpose of the criminal justice system (CJS) and the police role within it 1.2 Definitions of key criminal justice terms, including 'material', 'relevant' and ‘disclosure’ 1.3 Roles of key partners/stakeholders involved in the criminal justice system 1.4 Relevant legislation applicable to the criminal justice system, including PACE Code G 1.5 Legislation associated with criminal justice, including: • Criminal Justice Act 2003 • Criminal Procedure Rules 2015 • Policing and Crime Act 2017 • Youth Justice and Criminal Evidence Act 1999 • Civil Evidence Act 1995 • Criminal Procedure and Investigations Act 1996 2.1 Incident Recording Standards 2.2 Crime Recording Standards 4.1 Function of detention and custody in the criminal justice system 4.2 Legislative requirements for escorting persons to custody and detaining the person, including: • Police Reform Act 2002 • PACE Code of Practice 5.1 Time constraints associated with detention of persons, including extensions to the detention period 5.2 Legislation associated with interviewing of detainees 6.1 Roles associated with pre-charge bail processes, including authorisations 6.2 Importance of necessity and proportionality in the decision-making processes for using bail, including street bail 7.1 Government policy on 'out-of-court' disposals 7.1a Policies and legislation relevant to charging, including: • Bail Act 1976 • Police and Criminal Evidence Act 1984 (and relevant Codes) (specifically bail post-charge under section 38(1)) • Prosecution of Offences Act 1985 • CPS (2016) Guidance on Joint Enterprise Charging • Policing and Crime Act 2017 • Director of Public Prosecutions Guidance (DPPG) on Charging • The Code for Crown Prosecutors • National File Standard 7.2a Importance of understanding the influences on charging, including: • What is done at initial contact can affect the outcome of the case and potential charge • Type and nature of the incident and the potential trajectory of the investigation • Relationship between the investigation and the likely outcome of the case • Process to acquire early investigative advice and the need to document it • The investigative strategy and range of potential outcomes of the investigation • Does the suspect admit to the offence (anticipated ‘guilty’ or ‘not guilty’ plea)? 7.3a The decision to charge, including: • Decisions made by the police • Decisions made by the CPS • Charging of youths • Postal requisition 7.4a How a prosecution is undertaken and how to work with lawyers in the CPS: • Explaining logic, decision making and evidence in a case to a legally qualified person • The full code test, including the evidential and public interest stages • The threshold test and conditions underpinning it." 7.5a Setting out the charge correctly, including: • Points to prove • Using Police National Legal Database (PNLD) and gravity matrices (adult and youth) • Charging to the correct court" 7.6a Importance of considering impacts on victims, including special measures • Factors required to pursue a charge, should the victim not support the police investigation, or a prosecution 8.1 Specific disclosure legislation and case law, including the Crown Prosecution Service (CPS) Disclosure Manual 8.2 Roles and responsibilities of those associated with the disclosure of material 8.3 The disclosure process, including recording, retention and revelation of material 9.1 Types of courts, legal proceedings, hearings and their pu

Assessments

Reflection

Centralised Exam