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A Guide to the Criminal Justice System in Northern Ireland

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A Guide to the Criminal Justice System in Northern Ireland a guide to the criminal justice system in Northern Ireland This Guide to the Criminal Justice System in Northern Ireland has been designed to explain each aspect of the system, and the roles and responsibilities of those working within it. The Criminal Justice System Northern Ireland (CJSNI) It should guide you through the system from is made up of 7 main statutory agencies: beginning to end, providing information for a Northern Ireland Court Service NICtS Northern Ireland Office NIO variety of users of the system. Northern Ireland Prison Service NIPS Police Service of Northern Ireland PSNI Probation Board for Northern Ireland PBNI Public Prosecution Service PPS Youth Justice Agency YJA The CJSNI is responsible for investigating crimes, fi nding the people who have committed them, and bringing them to justice. It also works to help the victims of crime, and to rehabilitate offenders after their punishment. The purpose of the CJSNI is: to support the administration of justice, to promote confi dence in the criminal justice system, and to contribute to the reduction of crime and the fear of crime. The CJSNI aims to - provide a fair and effective criminal justice system for the community; - work together to help reduce crime and the fear of crime; - make the criminal justice system as open, inclusive and accessible as possible,and promote confi dence in the administration of justice; and - improve service delivery by enhancing the levels of effectiveness, effi ciency and co-operation within the system. As well as tackling crime and the fear of crime, the CJSNI also has responsibility for ensuring that criminal law is kept up to date. The laws of the United Kingdom are divided into civil law and criminal law, and these laws affect each of us every day in everything we do. Criminal law is there to protect us from crime. Civil law deals with relations between individuals, for example when we buy a house or when we get married. These laws are there to both protect us, and to ensure protection for everyone else. Since the Human Rights Act 1998 came into You may already be aware that the CJSNI is force, all laws must comply with the European going through an ambitious process of Convention on Human Rights. In upholding these modernisation and reform; this guide will be laws, each organisation within the CJSNI also updated as changes occur. agrees to adhere to these standards. One of the aims of the CJSNI is to make the Most of us have some knowledge of the criminal system easy to understand and open to everyone; justice system through what we read, or see on we believe this will create greater confidence in TV or in the cinema. However, books and films the system. Hopefully this guide will improve very rarely give an accurate picture of how the your understanding by showing, step by step, the system works. This document has been designed core processes, from when a crime is committed, to guide you through the criminal justice through to the end result, whether that is system and to help you understand the roles and prison, community disposal or other punishment. responsibilities of those working within it. We hope this guide will demonstrate how the criminal justice system operates to serve and protect the people of Northern Ireland. Police Service of Northern Ireland Northern Ireland Court Service Northern Ireland Prison Service Role: Role: Role: Serving the community through the Making Northern Ireland To provide prison administration of justice in Northern safer for everyone services in Northern Ireland. Through: through professional Ireland. Statutory - facilitation of conduct of the business progressive policing. duties are set out of the courts; in the Prison Act - effecting judgments to which the (Northern Ireland) 1953 Judgments (Northern Ireland) Order 1981 apply; and and rules made under Youth Justice the Act. - the provision of policy advice and legislative support to the Lord Chancellor. Agency Role: To support the delivery CJSNI and development of key services aimed at turning young people away from crime. Director of Public Probation Board for Northern Ireland Office Prosecutions Northern Ireland Role: Role: Role: To support and help develop an efficient, Forensic Science To consider the To carry out risk effective and responsive criminal justice Northern Ireland facts or information assessment and provide system in Northern Ireland by working in contained in police pre-sentence reports to partnership to: Role: investigation files and the courts. To - modernise the criminal justice system To provide effective reach decisions as integrate offenders and promote community confidence in it; scientific advice and to prosecution or no successfully into the - reduce criminality and the fear of support to enhance the prosecution. community by reducing crime; and delivery of justice. re-offending. - develop and maintain a relevant body of criminal law. when a crime is committed 08 A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND WHEN A CRIME IS COMMITTED What is the role of the police at the scene of a crime? The police will investigate the offence. They make sure that no-one spoils the evidence at the crime scene, often by taping off the area. If the offence is a serious one, the crime scene may be photographed and independent forensic scientists may visit it and take samples for examination in the laboratory. If the perpetrator cannot be identified, the police will interview all those, including suspects, who might be able to provide useful information. A police Scene of Crime Officer will often examine the area to find evidence of how the crime occurred and who committed it. The Scene of Crime Officer is a person who has a scientific/forensic background and investigates scenes of crime for evidence of a forensic nature. The evidence gathered may be used in the police reports and then in court. ����������������������������������������������������������������������������� A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND 09 WHEN A CRIME IS COMMITTED When can the police arrest? When necessary, the police can use powers to arrest someone either with or without a warrant. An arrest warrant is written authority, signed by a Lay magistrate, directing the police to carry out an arrest. However, police can also arrest without a warrant in the following circumstances: - they suspect that a person has committed, is in the process of committing or is about to commit an arrestable offence (usually more serious offences); - they suspect that a person has committed or is committing a lesser offence and has failed to give a name and address, or it is necessary to protect other people from harm, or to protect a child or other vulnerable person, or prevent damage to property; or - they suspect the person of being a terrorist or that they have committed, are committing or are about to commit a terrorist offence. In all cases, the police have the power to use reasonable force to secure the arrest. A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND 10 WHEN A CRIME IS COMMITTED What happens during arrest? Firstly the police officer involved must consider if there is a legal authority to carry out the arrest and if a power exists to do so. During arrest the police officer will inform the person at the time or as soon as practicable that they are under arrest and the grounds for the arrest. A police officer can make a discretionary decision to grant bail to an arrested person without taking them to a police station on the condition that the person attends a specified police station at a later, specified date. This is commonly known as “street bail”. Other than when granted street bail, a person arrested for an offence must be taken to a police station as soon as practicable. An arrested person must be cautioned. A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND 11 WHEN A CRIME IS COMMITTED The caution You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in court, it may harm your defence. If you do say anything it may be given in evidence” A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND 12 WHEN A CRIME IS COMMITTED The caution On arrest, the police must caution the person. This means they The police must give the caution in the following circumstances: must tell them that they have the right to remain silent and - when there are grounds to suspect a person of an offence; anything they do say may be used as evidence in court. - upon arrest; or - when a person is to be charged or informed that they may be They must also be told that if they fail to say something that prosecuted for an offence. they later wish to state in court then the fact that they did not mention it when they should have could also be used against them. The caution must be given unless the arrested person has been cautioned immediately before the arrest or it is impracticable to do so because of the person’s condition at the time. They will also be advised that they have a right to obtain free legal advice before answering police questions. A GUIDE TO THE CRIMINAL JUSTICE SYSTEM IN NORTHERN IRELAND 13 WHEN A CRIME IS COMMITTED If the person is under 17 years old, a caution must be given again A young person can object to a parent acting as an appropriate at the police station in the presence of an appropriate adult. adult. If the parent or guardian is not available, a social worker The parent, guardian or relative should be the appropriate adult, or other responsible adult aged 18 years or over, may act as unless they: an appropriate adult, provided they are not a police officer or employed by the Northern Ireland Policing Board.
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