Running head: CRIMINOLOGY AND CRIMINAL LAW 1

Criminology and Criminal Law

By David Momanyi
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Criminology and Criminal Law

Question #: The Major Differences between Civil and Criminal Law

Before distinguishing between civil and criminal law, it is important to define law itself.

Law refers to the system of rules recognized by a certain community or country, which regulates

its members’ actions and which can be enforced through the imposition of the necessary

penalties. In the UK, the key sources of law are the European Convention of Human Rights,

European Union law, common law, and legislation (CILEx, 2019). Such laws are applicable to

one or more member countries within the UK. Specifically, Westminster (UK Parliament) is

charged with the responsibility of passing laws, which could be applicable in all the member

countries. However, some of the member countries –Northern Ireland, Wales, and Scotland can

enact laws regarding devolved issues within each country due to the devolved powers invested in

each of them. It is noteworthy that the Wales do not have devolved powers with regard to

criminal justice. Civil law differs from criminal law in various aspects. The latter refers to law

that focuses on legal rules defining the necessary punishment for certain actions. In contrast, civil

law encompasses both the private law as well as all the public law’s divisions apart from

criminal law. While civil law focuses on individuals confronting each other, criminal law focuses

on the enforcement of specific types of behaviour, in which the state ensures compliance to such

behaviour (Halpin, 2004). Some of the cases that call for civil law include car accident,

employment claims, faulty goods, boundary disputes, licensing, and family issues such as

injunctions and divorce. On the other hand, some cases that attract the criminal law include theft,

murder, manslaughter, rape, and homicide. However, there is no clear-cut distinction between

the two categories of law, especially when it comes to hybrid offences.

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Question #2: Application of PACE of 1984 to Police Arrest

Before delving into the application of the 1984 Police and Criminal Evidence Act

(PACE) it is necessary to define concept of arrest. The concept originated from Anglo-Norman

and it is linked “arrêt,” French implying “stop”. Berlingieri (2013) argues that an arrest is “made

to secure a claim” (p. 141). The police are entrusted with the responsibility of making arrests. An

individual is said to be under arrest once they have been deprived of their freedom to go

wherever they wish to go. As such, an arrest implies taking the liberty of a certain person so that

they can be answerable to the alleged offence, which can be effected either by word of mouth or

physically. While making arrests, the law enforcement officer may employ reasonable force. In

this regard, the officer must follow the necessary procedure, which involves identifying

themselves, informing the suspect that they are under arrest for a particular alleged offence,

providing explanation for regarding the necessity of the arrest, and informing the person that

they are not allowed to leave (Gov.uk, 2019). PACE (1984) is one of the legislations that govern

arrest in the UK, particularly Section 24 (S24) and Code G. S24 PACE stipulates the situations in

which the police may be complied to make an arrest without any warrant to do so. Such arrest is

applicable to an individual who is in the verge of committing a certain offence. Similarly, it also

applies to the one who is currently committing the offense as well as whom the police officer has

a reasonable grounds that they are either committing or in the verge of committing the offense.

Overall, PACE is meant to attain the correct balance between the public’s freedoms and rights

and the police’s power.

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Question #3 Application of PACE of 1984 to Police Detention

Code C of PACE (1984) is largely applicable to the police detention. This Code holds

that the police must caution an individual that they intend to arrest before making the arrest or

asking the suspects any questions. Typically, the warning is that the suspect may remain silent

when questioned by the police but doing so may harm their defence and that anything spoken by

the suspect may be used in the court of law as evidence. To this end, Code C seems to be focused

on protecting the suspect from self incrimination. On the other hand, PACE’s Section 56 governs

the right of informing the arrestee about detention. It holds that the arrestee has the right to

having another person such as their relative, informed about the arrest. However, the suspect

may be deprived of this right a maximum period of 36 hours if they are suspected of committing

serious offense (LexisNexis, 2019). Depriving the suspect of their right is necessary in order to

avoid jeopardizing the police’s efforts to collect the necessary evidence, which will be

admissible in court. In addition, any phone calls will not only be listed but also used in court as

admissible evidence. As such, Section 56 obliges the custody officer to keep a comprehensive

record of all the communications made through phone calls by ht suspect. In addition, this

Section also governs the individuals whom the suspect can contact while under detention. It

prioritizes friends and relatives as well as anyone who concerned with the suspect’s welfare. In

case of the unavailability of the aforementioned persons, the suspect is given an opportunity to

select a maximum of two alternatives. With regard to vulnerable individuals, Section 54 holds

the custody officer responsible for deciding the suspect’s need for medical treatment. The officer

needs to perform a risk assessment to help in their decisions. Nevertheless, paragraph 11.14 of

Code C stipulates that a vulnerable individual must endorse a written document in the

appropriate adult’s absence or be subjected to an interview (Sanders, Young, & Burton, 2010).
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Code C and PACE focuses on handicapped or mentally retarded adults and young individuals. It

provides that these populations must be interviewed in the presence of appropriate adults. They

also have the right to the necessary legal counsel. Overall, PACE is meant to guard the suspect’s

rights while ensuring that justice prevails.

Question #4 Critical Look at the Trail Process in Wales and England

The Trail Process in among the most critical processes in the court of law. It obliges the

prosecution to present admissible evidence to “prove beyond reasonable doubt” that a certain

accused person committed the alleged crime or offence (Health and Safety Executive, HSE,

2019). In other words, the defendant is presumed to be innocent until proven guilty on the basis

of evidence presented on the part of the prosecution. As such, the defendant is not obliged to

prove their innocence. It is noteworthy that all courts within Wales and England adhere to the

same trail procedure. In addition, the required evidence varies from one offence to another due to

the varying elements involved in different offences. It is also critical to take into consideration

both the “standard of proof” and the “burden of proof” (HSE, 2019). While the latter often

obliges the defendant to prove the defendant’s guilty, the burden may be shifted to the defence.

The standard of proof is applicable whenever the burden has shifted to the defence. The so-called

Crown Prosecution Service, abbreviated as CPS, is responsible for prosecuting all dully

investigated criminal cases. It is independent in the sense that it makes its own decisions without

the influence of government or police. The Crown Court deals with cases whose sentence would

exceed 6 months (Hirschel, Hirschel, Wakefield, & Sasse, 2008). Overall, the Trail court is an

important process in ensuring that the suspect is proven beyond doubt through admissible

evidence before being sentenced.

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Question #5: CPS Decision Not to Prosecute or to Prosecute

The CPS is responsible for carrying out the prosecution of individuals whose cases have

been fully investigated, without the influence of either the police of the government. It is mainly

aimed at bringing offenders to justice while ensuring that the correct individuals are prosecuted

for the correct offenses (Faulkner; 2014; Terrill, 2012). The CPS’s roles include making

decisions regarding the cases to be prosecuted; determining proper charges; preparing and

presenting cases in the courtroom; and providing both the prosecution witnesses and the victims

with support, assistance, and information. The prosecution takes the tow-stage test: evidential

and public interest test. The former test requires that the prosecutors have to be fully satisfied

with sufficient evidence before prosecuting the suspect. The latter test entrusts the prosecutors

with the responsibility of determining the necessity of the public interest.

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References

Berlingieri, F. (2013).Berlingieri on Arrest of Ships. London: CRC Press.

CILEx. (2019). The legal system of the United Kingdom. Retrieved on April 8, 2019 from

https://www.cilex.org.uk/about_cilex/about-cilex-lawyers/what-cilex-lawyers-do/the-uk-

legal-system

Faulkner, D. (2014). Servant of the Crown: A Civil Servant’s Story of Criminal Justice and

Public Service Reform. London: Waterside Press.

Gov.uk. (2019). Police powers of arrest: Your rights. Retrieved on April 8, 2019 from

https://www.gov.uk/police-powers-of-arrest-your-rights

Halpin, A. (2004). Defining in the Criminal Law. London: Hart Publishing.

Health and Safety Executive. (2019). Trail Process. Retrieved on April 8, 2019 from

http://www.hse.gov.uk/enforce/enforcementguide/court/rules-trial.htm

Hirschel, D., Hirschel, J. D., Wakefield,W. O., & Sasse, S. (2008). Criminal Justice in England

and the United States. London: Jones & Bartlett Learning.

LexisNexis. (2019). Arrest and detention – Overview. Retrieved on April 8, 2019 from

https://www.lexisnexis.com/uk/lexispsl/corporatecrime/document/391421/55KB-9471-

F188-N193-00000-00/Arrest_and_detention_overview#

Sanders, A., Young, R., & Burton, M. (2010). Criminal Justice. London: OUP Oxford.

Terrill, R. J. (2012). World Criminal Justice Systems: A Comparative Survey. London:

Routledge.