Introduction to Criminal Justice

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In today’s video, we’re going to consider several different aspects of the criminal
justice system. A criminal justice system is a mechanism that provides justice to those who have
committed crimes. It is made up of institutions such as the police, courts, prisons, and both prosecution
and defense lawyers. Let’s start by considering the purpose of the system of the criminal justice system.
The primary aim of the criminal justice system revolves around delivering justice for all through
conviction and punishment. It provides rehabilitation for offenders, so as to deter further crime and
protects the innocent.
Any criminal justice system is associated with the phrase: “miscarriages of justice”, which is when an
innocent person has been convicted of a criminal offence. The reasons as to why miscarriages of justice
may occur are various. They can be the result of poor legal representation, or due to errors in the
investigation or prosecution process. To add, false confessions and evidence, or poor summing-up by
the judge may also lead to a miscarriage of justice. Miscarriages of justice undermine public confidence
in the criminal justice system. Following a succession of high-profile miscarriages of justice, the Police
and Criminal Evidence Act 1984 was introduced as a means of protecting suspects’ rights at the
investigation stage of the criminal justice process. It establishes a code of police powers in relation to:
stop and search, arrest, detention, and interrogation. Under s 66 of PACE, there are also a number of
Codes of Practice, drawn up by the Home Office. The Codes of Practice provide additional detail on the
legislative framework. In the event that the Codes of Practice are breached by the police, disciplinary
action may be taken against individuals who have breached the Codes of Practice. Section 11 of the
Criminal Justice Act 2003 made changes to the way in which the Codes of Practice are established and
amended, making the process less bureaucratic.
Fast-forward to 1997, and you’ll find that the Criminal Cases Review Commission (CCRC) was set up by
the Criminal Appeal Act 1995. The CCRC is an independent public body which reviews criminal cases
where there has been an alleged miscarriage of justice. It is particularly important for you to note that
the CCRC cannot overturn convictions or sentences. It can, however, certain cases to the Court of
Appeal. These include cases involving convictions for indictable offences, verdicts of not guilty by
reasons of insanity, as well as cases in respect of sentence. The CCRC can also refer convictions and
sentences from the Magistrates’ Court to the Crown Court. However, In order to refer a case, the CCRC
will need to be satisfied that ‘there is a real possibility that the conviction, verdict, finding or sentence
would not be upheld if a reference were made’.

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