Aims and objectives of prisons
prisons must provide some form of punishment, which involves the deprivation of liberty and all the consequences that has for the prisoner.
rehabilitation should be attempted for the individual, so that when they are released, they return to society as law abiding.
this may mean tackling issues and challenges in outside life that have contributed to their criminal behaviour.
funding of prisons
most prisons are government funded with finances being raised through taxation.
in 2015, the budget was £3.4 billion.
according to an official study, compiled by the University of Lausanne for the council of Europe, taxpayers in England and Wales are paying more to run prisons than most other major countries in Western Europe.
According to the report, expenditure was at £87 a day in 2012. £15 higher than the European average of £72 a day per prisoner.
In 2015, it was estimated that the average cost of keeping a prisoner was £36,000 a year.
Philosophy of the prison service
the prison service serves the public by keeping in custody those committed by the courts.
their duty is to look after prisoners with humanity and help them lead law abiding and useful lives while in custody and after release.
working practices of prisons
most prisons are public sector and run by the government.
109 of the 123 prisons in England and Wales are organised on this basis and are run by the National Offender Management Service.
There are 14 private prisons which are contracted to the private security company called G4S.
Prisons are divided into different categories depending on the level of security required to oversee the prisoners.
Cat A - Maximum security - high risk
Cat B - High risk to others
Cat C - lower risk but not trusted to be in open conditions
Cat D - very low risk to others and due for release soon - known as open prisons
philosophy of the probation service
The National Probation Service says its values and philosophy are:
- the belief that offenders can change for the better and become responsible members of society
- belief in the worth and dignity of the individuals
- commitment to social justice, inclusion, equality and diversity.
some offenders are able to change for the better, however, it is often only those who have committed low level crimes.
aims and objectives of the probation service
to supervise high risk offenders who have been released into the community.
to support victims of serious sexual and violent crime.
to protect the public by rehabilitating offenders - by tackling the root cause of their offending so they can turn their life around.
they work alongside the police, local council, voluntary partners and justice services to manage offenders.
Evaluation of probation
- underestimating the risk that offenders hold
- since 2010, 697 murders have taken place by someone on probation.
- since 2010, 952 rapes or attempted rape convictions from someone on probation.
- 3,219 serious convictions by individuals on probation, since 2010.
What is the role of Sodexo Justice Service in supervising those serving their sentence in the community?
A private company, which took over part of the probation service.
an example of a community rehabilitation company.
- were contracted to manage low/medium risk offenders.
working practices of probation
Types of offenders:
- at any one time, there are about 250,000 offenders on probation.
1) those who are serving their sentence in the community instead of prison.
2) those who have been released on license from prison.
- those serving sentences of up to 2 years must spend at least 1 year on probation.
- those with longer prison sentences may be released on license after their minimum term and spend the rest on probation.
funding of probation servce
- the probation service is part of the HM Prison and Probation service, which in 2018 had an overall budget of £4.6 billion, shared between prisons and probation.
- the budget is provided by the government and comes from general taxation.
- The community rehabilitation companies were private businesses that had a contract with the Ministry of Justice to provide probation services.
- They were paid for meeting rehabilitation targets agreed in their contracts.
- 19 of the 21 CRCs missed their targets for reducing re-offending and some were even supervising their offenders remotely by telephone.
- A report in 2018 by the House of Commons Public Accounts Committee concluded that up to £342 million had been spent on CRCs without clear benefits and by 2020 the MoJ had spent over £500m more than expected on CRCs. Therefore, the government ended private services in 2020 and reorganised the service on a regional basis.
aims and objectives of the police
- protection of the public
- bring offenders to justice
- maintaining law and order
funding of the police
in 2021-2022, they received £15.2 billion in funding
2/3rds comes from the central government/tax payer
1/3rd comes from council tax
a small amount comes from policing events - such as football events
philosophy of the police
-preventing crime and disorder
- the use of physical force as a last resort
- impartially uphold the law
working practices of the police
reach:
- 38 police forces in England, 4 in Wales and 1 in Scotland
- Specialist departments (Public protection unit for sexual offenders, Criminal investigation department for burglary and drugs and the major investigation team for murder)
aims and objectives of the CPS
- set up under the Prosecution of Offences Act 1985.
-advise police about lines of inquiry
-make a decision on whether to charge
-prepare and present the prosecution case against the offenders
-prepare appeals against unduly lenient sentences
philosophy of the CPS
- independence and fairness
- honesty
- treating individuals with respect
funding of the CPS
- some comes from the government, with a budget of around half a billion pounds per year
- recovers some costs when the court awards costs against defendants
- recovers assets confiscated from criminals
- they have suffered significant funding cuts
- in 2018, it was reported that the budget had fallen by 25% and it had lost a third of its staff.
this led to concerns that it is unable to perform its role effectively.
working practices of the CPS
- The CPS deal with the full range of offences and criminals. It takes responsibility for all serious cases.
- The CPS is a national body throughout England and Wales, with 14 regional area teams prosecuting cases locally.
- Each one is headed by a Chief Crown Prosecutor and works closely with local police forces and other criminal justice partners.
- CPS Direct is a ‘virtual’ 15th area, providing charging decisions to police nationwide, 24/7, 365 days a year.
- The head of the CPS is the Director of Public Prosecutions
aims and objectives of the Judiciary
Crown Court
- judge must manage the trial, ensuring fairness to all parties.
- explaining the legal issues and procedures to members of the jury.
- summing up evidence.
- passing sentence if the defendant is found guilty.
Appeal Courts
- Judges make rulings on the appeals that come before them from lower courts in the hierarchy.
- This may involve creating precedents through the principle of judicial precedent which then bind the future decisions of the lower courts.
philosophy of the judiciary
summed up in 6 principles in the Guide to Judicial Conduct 2016.
these lay down the standards for judges’ ethical conduct.
1) Judicial independence
– Judges should be independent and free from government interference in their decisions. This enables them to uphold the rule of law and safeguard the rights of citizens against the power of the government.
2) Impartiality
– not showing favour to one side or the other
3) Integrity
– being honest and with strong moral principle
4) Propriety
– upholding society’s accepted standards of behaviour and morals.
5) Ensuring equal treatment
– to everyone who comes before the courts.
6) Competence
– the knowledge and ability to do the job
On appointment, Judges swear 2 oaths:
1) The Oath of Allegiance (Loyalty)
– to the king, his heirs and successors
2) The Judicial Oath
– to ‘do right to all manner of people after the laws an usages of this realm, without fear or favour, affection or ill will’.
– To treat people equally with impartiality and according to the law.
funding of the judiciary
- the pay of the judiciary is based on the advice of an independent body, the Senior Salaries Review Body, which makes recommendations to the Prime Minister and Lord Chancellor on how much judges should be paid.
- In 2020, the most senior judge, the Lord Chief Justice, received £262,000 while district judges earned £112,000.
- Although judges are well paid by most people’s standards, some senior lawyers can earn far more than judges.
- Some experienced barristers working in commercial law earn in excess of £1 million, although lawyers working in the criminal courts generally earn much less.
working practices of the judiciary
- the position of judges reflects the importance of maintaining their independence so that they can uphold the rule of law and defend the rights of citizens.
- they have security of tenure meaning they cannot be removed from this office except by petition to the King passed by both Houses of Parliament.
- their salary is guaranteed.
- the judiciary is organised in a clear hierarchy. They can be divided into superior judges who sit in the Supreme Court, Court of Appeal and High Court and inferior judges, who sit in Crown Court and sometimes the Magistrate’s Court.
- Judges deal with all types of crime and offenders, except for the least serious cases which are usually dealt with by magistrates, cautions or fixed-penalty notices issued by the police.
- at the most senior level, the Supreme Court has nationwide jurisdiction and settles points of law of national importance.
- Judge working in the lower courts around the country handle local cases.
philosophy, aims and objectives of NACRO (National Association for the care and resettlement of offenders)
NACRO is a social justice charity which seeks to change lives, strengthen communities and prevent crime.
They provide services such as:
- Housing = NACRO houses over 3,000 tenants in its own properties, provides bail accommodation and support services.
- Education = In 2018, 4,900 people studied through NACRO’s education programme.
- Resettlement advice = Support about employment, education and accommodation.
- Outreach projects = help young people from offending.
NACRO Campaigns
NACRO campaigns to change the laws and policies affecting ex-offenders.
The campaign to reform the Rehabilitation of Offenders Act 1974.
Supporter of the Ban the Box campaign to remove tick box of animal convictions when applying for jobs.
