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third edition third

criminal justice
An Introduction to the Criminal Justice
edition
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

criminal justice
operate. It outlines important concepts in English criminal law and defines crime and the varied responses third edition
to it. It also explores the non-legal factors which affect the operation of the criminal justice agencies and
identifies the policy issues involved in the control of crime and the pursuit of justice.

Key agencies discussed are the police, probation, prisons, the magistrates' and Crown courts, and the
Crown Prosecution Service. The effect of the structure of criminal appeals and the role of the Home
Office, the Criminal Cases Review Commission, the Prisons and Probation Ombudsman, and the Parole
Board are all included. The viewpoints and influences of victims and of bodies charged with monitoring
and evaluating the agencies are assessed.

Each chapter includes review questions and a further reading section. The book also features a chronology
of key dates, a glossary of terms, student exercises to aid understanding, and information about websites
of interest.

NEW TO THIS EDITION:

• Recent key developments in criminal justice are covered, including the changes enacted by the
Youth Justice and Criminal Evidence Act 1999, the Human Rights Act 1998, and the Criminal
Justice Act 2003
• Discussion of: crime reduction and prevention initiatives; new police community support officers; An Introduction to the Criminal
enhanced concern with the role of victims; cross-border crimes, globalisation and terrorism Justice System in England and Wales
• 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
• New and enhanced sections on Europe, probation, human rights, youth justice, victims and crime Malcolm Davies
There is also a companion website for the book at www.pearsoned.co.uk/davies_crim which features
Hazel Croall
regular updates to the law and criminal justice system. Jane Tyrer
Professor Malcolm Davies is Head of Ealing Law School, Thames Valley University.
Hazel Croall is Professor of Criminology at Glasgow Caledonian University and author of Crime and
Society in Britain (1998) ISBN 0 582 29897 0, also published by Longman.
Davies
Jane Tyrer is Principal Lecturer in Law at Buckinghamshire Chilterns University College. She has twenty Croall
years' experience as a lay magistrate.
Tyrer

Cover image © Getty Images www.pearson-books.com

CRIM_A01.QXP 7/2/05 13:54 Page i

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

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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,
90 Tottenham 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.

CRIM_A01.QXP 7/2/05 13:54 Page v

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
CRIM_A01.QXP 7/2/05 13:54 Page vi
CRIM_A01.QXP 7/2/05 13:54 Page vii

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

PART A
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

PART B
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

PART C
Criminal justice process: criminal courts 231
Chapter 9 Criminal courts, judiciary and pre-trial procedure 233
Chapter 10 The trial and establishing guilt 261

PART D
Criminal justice process: penal system 289
Chapter 11 Sentencing aims and process 291
CRIM_A01.QXP 7/2/05 13:54 Page viii

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
CRIM_A01.QXP 7/2/05 13:54 Page ix

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

PART A
Introduction to criminal justice 1

CHAPTER 1
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
CRIM_A01.QXP 7/2/05 13:54 Page x

X FULL CONTENTS

1.6 Recent legislation and current policy developments 28

Criminal Justice Act 1991 28
Criminal Justice Act 1993 29
Criminal Justice and Public Order Act 1994 29
Police and Magistrates’ Courts Act 1994 30
Crime and Disorder Act 1998 30
Access to Justice Act 1999 30
Youth Justice and Criminal Evidence Act 1999 30
Criminal Justice and Court Services Act 2000 31
Powers of Criminal Courts (Sentencing) Act 2000 31
Anti-terrorism, Crime and Security Act 2001 31
International Criminal Court Act 2001 32
Criminal Justice and Police Act 2001 32
Criminal Defence Service (Advice and Assistance) Act 2001 32
Police Reform Act 2002 32
Proceeds of Crime Act 2002 32
European Union (Accessions) Act 2003 32
Crime (International Cooperation) Act 2003 32
Courts Act 2003 33
Anti-social Behaviour Act 2003 33
Criminal Justice Act 2003 33
Conclusion 33
Review questions 34
Further reading 34

CHAPTER 2
What is crime? 35
Introduction 35
2.1 Defining crime 35
Three aspects of the concept of crime 37
Legal liability and the elements of a crime 39
Criminal defences 42
Sentencing mitigation 44
2.2 Legal categories of criminal offences 44
Classification of offences: summary and indictable 45
2.3 Measuring crime 46
Home Office statistics on crime 47
British Crime Survey 51
2.4 Crime trends 53
2.5 Types of offence 54
Violent crime 55
Sexual offences 56
Property crime 57
Organised and white collar crime 58
Offenders 58
CRIM_A01.QXP 7/2/05 13:54 Page xi

FULL CONTENTS XI

Conclusion 59
Review questions 61
Further reading 61

CHAPTER 3
Victims and the impact of crime 62
Introduction 62
3.1 The cost and impact of crime 63
3.2 Who are the victims of crime? 65
3.3 The rediscovery of the victim 69
3.4 Compensating victims 71
State compensation 71
Compensation orders 72
3.5 Victim support 72
3.6 Victims and criminal justice 73
Reporting crime and the role of the police 74
Victims in court 75
Victims and sentencing 76
Mediation and restorative justice 76
Conclusion 78
Review questions 79
Further reading 79

CHAPTER 4
Governmental, political and administrative context
of criminal justice in England and Wales 80
Introduction 80
4.1 Law and policy making 82
Who makes crime policy? 82
Parliament and Select Committee on Home Affairs 83
4.2 Government and administration 85
Home Office 85
Home Secretary 86
Department for Constitutional Affairs 88
4.3 Political context 89
Politics 89
New Labour and criminal justice reforms 91
Pressure and interest groups 94
Media 95
4.4 ‘Globalisation’: Cross-jurisdictional and international responses to
crime 97
International cooperation 98
4.5 European influences on criminal justice policy 99
CRIM_A01.QXP 7/2/05 13:54 Page xii

XII FULL CONTENTS

4.6 Implementing criminal justice policy 101

Coordinating criminal justice 101
Lay participation 103
Under new management: privatisation and agency status 105
Management and administration of the courts 106
4.7 Monitoring, accountability and complaints 106
Key performance indicators: police 107
Key performance indicators: prisons 107
Her Majesty’s Inspectors 108
Complaints: Prisons and Probation Ombudsman 109
Independent Police Complaints Commission (IPCC) 110
Conclusion 111
Review questions 111
Further reading 112

PART B
Criminal justice process: law enforcement 113

CHAPTER 5
Crime prevention and reduction 115
Introduction 115
5.1 What is crime prevention? 116
5.2 The theoretical basis of crime prevention 119
5.3 The growth of crime prevention 123
5.4 Situational and social crime prevention 128
Situational crime prevention 128
Social crime prevention 130
5.5 The ‘silver bullet’: CCTV 131
5.6 Issues in crime prevention 134
5.7 Zero tolerance policing 135
Conclusion 137
Review questions 137

CHAPTER 6
The police 140
Introduction 140
6.1 The role and development of policing 141
Development of policing 144
6.2 Organisation and accountability 147
To whom are the police accountable? 151
Legal accountability 153
6.3 Police powers and the Police and Criminal Evidence Act 1984 153
CRIM_A01.QXP 7/2/05 13:54 Page xiii

FULL CONTENTS XIII

Search powers: PACE 155

Arrest, detention and interview 157
6.4 Police work 161
Investigating crime and new technologies 161
Community policing 164
6.5 Front-line definers of crime: police discretion 166
The decision to stop and search 167
In the police station 167
Police culture 168
Police and ethnic minority communities 169
Conclusion 176
Review questions 176
Further reading 178

CHAPTER 7
Prosecution, caution and diversion 180
Introduction 180
7.1 Cautioning 181
Cautioning and young offenders 185
7.2 Prosecution 186
The Crown Prosecution Service 187
The organisation and functions of the Crown Prosecution Service 189
7.3 The Code for Crown Prosecutors 191
Evidential test 192
Public interest test 192
The work of the Crown Prosecution Service 195
7.4 Private prosecutions and other prosecuting agencies 198
Prosecution by regulatory agencies 198
7.5 Mentally disordered offenders 201
Responsibility for the offence 201
Police and the mentally disordered 202
Orders available to the courts for mentally disordered offenders 203
De-institutionalisation and care in the community 205
Community care and public safety 206
Conclusion 207
Review questions 208
Further reading 208

CHAPTER 8
Youth justice 209
Introduction 209
8.1 Youth and crime 210
Young people’s involvement in crime 211
CRIM_A01.QXP 7/2/05 13:54 Page xiv

XIV FULL CONTENTS

8.2 Youth justice system 215

Special provision for juveniles 217
Diversion 218
The Crime and Disorder Act 1998 222
Youth courts 224
Sentencing young offenders 225
Conclusion 228
Review questions 229
Further reading 229

PART C
Criminal justice process: criminal courts 231

CHAPTER 9
Criminal courts, judiciary and pre-trial procedure 233
Introduction 233
9.1 Magistrates’ courts 235
9.2 Crown Court 239
The jurisdiction of magistrates’ courts and the Crown Court 241
Classification of offences: summary and indictable 241
9.3 Judiciary 244
9.4 Summons, bail and remands in custody 245
Bail 247
Criteria for bail 247
Remands in custody 250
9.5 Indications of plea and the mode of trial decisions 251
9.6 Case management 257
Conclusion 258
Review questions 259
Further reading 260

CHAPTER 10
The trial and establishing guilt 261
Introduction 261
10.1 Adversarial justice: the burden and standard of proof 263
10.2 Role of the trial 264
10.3 Juries 268
10.4 Rights of the defendant in court 272
10.5 Evidence 275
Presentation of evidence 281
10.6 Appeals system 284
10.7 Criminal Cases Review Commission 285
CRIM_A01.QXP 7/2/05 13:54 Page xv

FULL CONTENTS XV

Conclusion 286
Review questions 287
Further reading 288

PART D
Criminal justice process: penal system 289

CHAPTER 11
Sentencing aims and process 291
Introduction 291
11.1 Aims of sentencing 293
Retribution 297
Incapacitation or public protection 298
Rehabilitation 299
Deterrence 300
Denunciation 301
Restitution or reparation 302
11.2 Types of sentence 303
Discharges 303
Financial penalties 303
Community penalties 304
Custodial sentences 306
Enforcement of sentences 308
Distribution of sentences 310
11.3 Sentencing procedure 310
11.4 Factors influencing sentencing decisions 312
Race and sentencing 319
Sentencing women 321
Socio-economic status 322
11.5 Structuring sentencing decisions 323
Sentencing Advisory Panel and Sentencing Guidelines Council 324
Conclusion 327
Review questions 327
Further reading 331

CHAPTER 12
Punishment philosophies and penal paradigms 332
Introduction 332
12.1 Sentencing trends and reforms in the twentieth century 333
12.2 The era of rehabilitation 335
Rehabilitation reassessed 340
12.3 Just deserts and the justice model 343
Assumptions about human behaviour 344
CRIM_A01.QXP 7/2/05 13:54 Page xvi

XVI FULL CONTENTS

The objective of punishment 344

The distribution of punishment 345
Legalism: the extension of due process 346
12.4 Prison reductionists: limiting the use of imprisonment 347
12.5 Shifting penal paradigms 350
12.6 Does prison work? 353
12.7 Sentencing for whom? 358
Conclusion 361
Review questions 362
Further reading 363

CHAPTER 13
Prisons 364
Introduction 364
13.1 Origins of the penitentiary 366
13.2 Prisons in England and Wales 373
13.3 Prison population 378
International comparisons 379
Categories of prisoner 380
Fine defaulters in prison 380
Life sentence inmates 381
Female prisoners 382
Minority ethnic prison population 383
Time served 383
Home detention curfew 385
Parole 385
13.4 Impact of imprisonment on inmates 386
Regimes, sentence planning and privileges 387
Inmate adaptation to prison life 388
13.5 Aims and performance of the Prison Service 391
Prison service objectives and KPI targets 392
Rehabilitation and offender management 393
Conclusion 395
Review questions 396
Further reading 397

CHAPTER 14
Probation service and community penalties 398
Introduction 398
14.1 The development of community sentences 399
14.2 The probation service 403
14.3 ‘What works’ and why, and recent initiatives in community sentences 408
14.4 The effectiveness of community sentences 412
CRIM_A01.QXP 7/2/05 13:54 Page xvii

FULL CONTENTS XVII

Conclusion 414
Review questions 414
Further reading 414

CHAPTER 15
Conclusion 415

Glossary 419
Appendix 1 Practical Exercises 428
Appendix 2 List of websites 435
Bibliography 440
Index 451

Supporting resources
Visit www.pearsoned.co.uk/davies_crim to find valuable online resources

Companion Website for students

■ Regular updates to keep you up-to-date in this field of law

For more information please contact your local Pearson Education sales
representative or visit www.pearsoned.co.uk/davies_crim
CRIM_A01.QXP 7/2/05 13:54 Page xviii

List of figures

1.1 Agency-specific functions 11

1.2 Tribal elders punish Aborigine car thieves 13
1.3 Criminal justice flow chart 1: from crime to prosecution (for routine
cases involving adults) 20
1.4 Criminal justice flow chart 2: the criminal courts – from first court
appearance to conviction (for routine cases involving adults) 21
1.5 Criminal justice flow chart 3: interrelationship of agencies penal system
(for routine cases involving adults) 22
2.1 Flows through the criminal justice system, 2002 50
2.2 Recorded crime, persons proceeded against and ‘known’ offenders,
1950–2002 51
3.1 Percentage of household victims of burglary, vehicle-related crime
and adult victims of violent crime by area type, 2002/3 BCS 66
3.2 BCS victimisation rates by region 2002/3 66
4.1 Conservative Party publicity on crime in the 1979 General Election 90
5.1 Typology of crime prevention 119
5.2 A Process/Target Two-Dimensional Typology of Crime Prevention 120
6.1 Rank structure 148
6.2 The structure of a typical provincial force 149
6.3 Aspects of the use of police powers under PACE in England and
Wales in 2002/3 161
6.4 Earprint identification 163
7.1 Offenders cautioned or sentenced 1975–2002 183
7.2 Public interest criteria used by the CPS 194
7.3 Results of CPS Discontinuance Survey (1993) 197
8.1 Offenders found guilty of, or cautioned for, indictable offences per
100,000 population by age group 1992–2002 212
8.2 Percentage of male offenders aged 10 to 14 sentenced for indictable
offences who received various sentences or orders 1992/2002 220
8.3 Percentage of male offenders aged 15 to 17 sentenced for indictable
offences who received various sentences or orders 1992/2002 221
9.1 Decision making by magistrates 236
10.1 Debate on the jury 270
10.2 Jury’s change of mind 283
11.1 Magistrates’ Association Sentencing Guidelines 315
11.2 Minnesota sentencing grid 325
CRIM_A01.QXP 7/2/05 13:54 Page xix

LIST OF FIGURES XIX

12.1 Sentencing patterns 1975/2002 335

12.2 Crime and custody 1950/2003: total recorded crime and total
sentenced to custody for all crimes/ages/male and female 357
12.3 Sentencing trends and custody 1950/2003 in England and Wales 357
13.1 The Panopticon 369
14.1 Persons starting court order supervision by the probation service:
England and Wales 404
14.2 Two-year reconviction rates by type of community penalty order
since 1987 413
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