Tuesday, January 7, 2020

The Effects Of Remand Custody On Criminal Justice System

The use of remand custody has been increasing significantly over the last decade. The length of time of an individual being placed in remand on custody is extended due to numerous factors. According to research and findings, the accused who is not being released on conditions is physically and mentally in pain during the period of waiting for the trial. The topic of the increased use of remand custody will be discussed in this essay, focusing on three key themes: describing the process of how individuals are placed on remand, the benefits and obstacles of remand custody, and the affection of this form of custody on criminal justice system as well as offenders. I will argue that the system of criminal justice needs to address the consequences of the shift and they should avoid the drawbacks for the system. Individuals who are in remand on custody are considered to be innocent until proven guilty. They are being held on remand to wait for their trials and have not been convicted on criminal offences. Individuals can be placed on remand for numerous reasons. Some accused are being placed in custody â€Å"through the issuance of a warrant of committal by a JP [who is also known as a justice of the peace] or judge† while others are due to disregarding their release conditions (Curt T. Griffiths, 2015, p.179). For example, some offenders may be required to stay in the restricted area as part of the release conditions, yet they are found in the area of where they were being accused toShow MoreRelatedCriminal Code And Charter Sections1414 Words   |  6 PagesPart I: Relevant Criminal Code and Charter Sections Sentencing provisions in Canadian law are found in s.718.1 and s.718.2 of the Criminal Code, which states that, â€Å"sentences must be proportionate to the nature of the offence, reduced or increased depending on the mitigating and aggravating factors, must be similar to sentences imposed on similar offenders for similar offences in similar circumstances, and if the sentence is consecutive, it must not be unduly long or harsh.† Therefore, an offenderRead MoreIndigenous Australians And The Institution Of Criminal Law2290 Words   |  10 Pagesthe institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barr iers that this group encounter in accessing criminal law in a positive wayRead MoreUcmj Article 863614 Words   |  15 Pagescivilian authorities at the request which is when an absentee is taken into custody by civilian authorities at the request of military officials is a form of solving any of these absences. Appreshension by military authority terminates an unauthorized absence. Delivery to military authority also terminates the unauthorized absence. Apprehension by civilian authorities at the request which is when an absentee is taken into custody by civilian authorities at the request of militaary authorities also terminatesRead MoreThe Australian Criminal Justice System2881 Words   |  12 PagesThe Australian criminal justice system acknowledges the immaturity of young offenders compared with that of adult offenders, and thus impose system in which their crimes are dealt with. A criminal conviction relies upon a two-fold basis whereby the actus rea and mens rea must be proved, however young offenders are treated with a different level of responsibility as they have not reached adulthood. Referred to as juvenile justice, offenders under the age of 18 are recognised as requiring a greaterRead MoreThe Key Drivers Of Growth Behind Our Prison Population939 Words   |  4 Pagesprotect the community and rehabilitate the offender (Smart Justice, 2015). Research has indicated that prison fails to do this and instead can increase the rate of reoffending (Smart Justice, 2015). Prison does not address the causes of the person’s criminal offending. Imprisonment is designed to be a sentence of last resort, yet we are building more prisons at an ever increasing rate (Smart Justice, 2015). In Victoria, annually, the prison system cost more than $1 billion (Glass, 2014). It cost moreRead MoreIt Is Often Stated That Prison Does Not Work Because of the High Recidivism Rates. Why Do You Think the Prison Population Has Increased so Much in the Last Ten Years ?1740 Words   |  7 PagesRecidivism is a term, applied in the Criminal Justice System for criminals who despite having been punished for a crime go on to repeat it, only to be returned to a custodial sentence. It is for this particular reason that the penal system need to decide whether the system is effective in doing its job, or reforms are needed to improve the way it conducts itself. What causes Recidivism? Recidivism is caused by criminals who have been through the courts and prison system and still refuse to turn awayRead MorePresentation And Interpretation Of Research Material3609 Words   |  15 PagesIntroduction: The recent history of criminal legislation in England and Wales is a startling one, a reluctance to be seen as soft on crime has seen successive governments oversee not only the sharpest rise in prisoner populations but also the total largest number of prisoners in UK history. Throughout most of the 20th century it has almost become common practice to having a new criminal justice act in each successive government. Generally these previous criminal justice acts were considered pieces ofRead MoreStrategies of Youth Justice Policies2036 Words   |  9 PagesHere we will look at the strategies of youth justice policies and practice with the ideological motivations and identify and evaluate the social and political context. The 1908 Child Act; Children and Young Persons Act, the Criminal Justice Act; Crime and Disorder Act 1998 and Anti-Social Behaviour Act 2003 will be discussed. Youth justice is a creature of historical development. The structure of the industry is full of dominant philosophies which have seeped into the foundations, which stillRead MoreDk Basu V State of Westbengal8743 Words   |  35 PagesSC 10. Sunil Batra v. Delhi Administration (1978) 4 SCC 494. Sunil Gupta v. State of Madhya Pradesh (1990) 3 SCC 119. Vikram v. State 1996 CriLJ 1536. Vimal Kumar Sharma v. State of Uttar Pradesh 1995 CriLJ 2335. Table of Statutes 1. The Code of Criminal Procedure, 1973. 2. The Indian Penal Code, 1860. 3. The Police Act, 1861. Introduction â€Å"To strike the balance between the needs of law enforcement on the one hand and the protection of the citizen from oppression and injustice at the hands of theRead MoreEssay on Inequality3075 Words   |  13 Pagesdissatisfaction amongst some groups. However, what do we mean by fair and just? This might depend upon our perspective on what should shape criminal justice†¦How ideology penetrates the CJS. Stepping back from the CJS Gelsthorpe (2001 p105-6)[1] suggests that there are six key competing perspectives, which influence how the system is, or should be run. These are: Due process Crime control Welfare and rehabilitative Critical socio-legal Bureaucratic

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.