Policing UK 2013 - Police Federation

A FORCE FIT FOR THE FUTURE
The criminal
justice system
Editor’s introduction
Jim Barker-McCardle is the
Chief Constable of Essex Police
and Head of the ACPO criminal
justice business area
The criminal justice system will see some crucial reforms in 2013. A key area of change
will be out of court disposals. The Ministry of Justice (MoJ) has consulted about
changes to the system of Conditional Cautioning. The proposal, which is likely to be
implemented early in 2013, will see police take responsibility from the CPS for the
majority of conditional cautioning decisions. The likelihood is that this will see an
expansion in the use of this disposal.
Alongside this the MoJ is also consulting about the “‘community remedy’” which
would see victims given a choice of disposal conditions for their offender from a list
agreed by the police and crime commissioner. This proposal is doubly controversial,
drawing elected politicians directly into sentencing, while raising questions about the
equity of justice if individual victims are involved in setting tariffs. At the same time
Ministers have key decisions about extending court opening times, expanding the use
of video conferencing of hearings and introducing neighbourhood justice.
Where does the police service sit in
the criminal justice system?
You can probably describe law
enforcement – of which we are obviously
a very big part – as being the gateway to
the criminal justice system. We work with
our partners to ensure the system is as
efficient and effective as possible – while
never overlooking the overriding objective
to deal with a criminal case justly.
Why does the criminal justice
system face accusations of being
cumbersome and inefficient?
It is very easy to criticise the criminal
justice system. Sometimes that criticism
is fair. Sometimes the system doesn’t get
all the credit it deserves for work it leads
itself to improve efficiency.
We all have to recognise that the
criminal justice system is big. And it is
complex. People conceive it differently.
Those inside the criminal justice system
know that it is not just the judiciary and
lay magistrates, the court service and
police but prisons, the probation service,
the Crown Prosecution Service, Victim
Support and the defence community…
sometimes a member of the public might
understandably think of the criminal
justice system as just the courtroom. But
it is much wider than that. Justice and
efficiency are not mutually exclusive. The
challenge comes in the proper pursuit of
efficiency without compromising justice.
It is a system that is expected to
handle everything from high-volume,
comparatively less serious business
through to extremely complex,
demanding and sometimes long
running cases. Anything from a minor
motoring offence through to the most
complex serious and organised crime
investigations and complex international
or global fraud cases can end up in the
courtroom.
There is an understandable desire
to see the system move as efficiently as
possible – particularly in processing highvolume
less serious cases.
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