Criminal Justice System Notes

Criminal Assets Bureau (CAB)

  • An independent statutory body.
  • Investigates and takes action to deny and deprive criminals of assets acquired through illegal means.
  • Identifies, seizes, and recovers assets that are the proceeds of criminal activity (e.g., jewellery, property, handbags).
  • Established by the Criminal Asset's Bureau Act 1996 following the murders of Detective Garda Jerry McCabe and Journalist Veronica Guerin.
  • Focuses on tackling serious and organised criminal activity, including drug trafficking, theft, and fraud.

Victim Impact Statement

  • A descriptive letter written by the victim or someone impacted by the offence.
  • Explains how the crime affected them, describing emotions, trauma, short- and long-term effects.
  • The victim can make recommendations to the court about the sentence and anything they would like to tell the court.
  • Read in the sentencing court and should contain the following elements:
    • Impact of the crime (psychological, financial, physical, etc.)
    • The harm done to family relationships (loss, etc.)
    • Services required by the victim because of the crime (medical, psychological, etc.)
    • The need for restitution
    • The victim's opinion of an appropriate sentence for the offender.

Judge's Sentencing

  • Two-step procedure:
    1. Decides what the sentence should be.
    2. Reduces that sentence considering any mitigating or excusing factors.
  • The judge considers:
    • Whether or not they have pleaded guilty to the offence.
    • The facts.
    • Criminal record.
    • Treatment that may help or reform the offender.
    • Aggravating factors.
    • Character and age.
    • Impact on the victim.

Restorative Justice

  • An approach to justice that focuses on repairing harm caused by crime, rather than solely punishing the offender.
  • Involves bringing together victims, offenders, and community members to address the impact of the crime and find ways to make amends.
  • Not always suitable for every victim, offender, or offence, but effective in cases where it is suitable.
  • Objectives:
    • To meet the needs of victims of crime.
    • Challenge offenders to put right the harm they have caused.
    • To prevent further offending.
  • Promotes and facilitates partnership and a greater understanding and co-operation between communities, volunteers, and statutory sectors and organisations directly involved in the criminal justice process.

Family Conference – Restorative Justice

  • A meeting involving a young person who has offended, members of their family, the victim, and relevant others (e.g., teacher, sport coach).
  • The meeting will discuss the consequences the offence has had on the victim, community, and offenders' family.
  • Explores ways for the young person to take responsibility for their consequences.
  • Usually takes place in the probation office and will come up with an agreed plan to prevent them from reoffending in the future.
  • Ordered by the court and run by the young person's probation.
  • Should be max 2 hours.
  • The meeting is divided into 4 sections:
    1. Information giving – introductions are made and meeting format outlined.
    2. Restoration – allows victim to express the impact of the offence and facilitates the offender to account for behaviour and make amends.
    3. Family time – young person and their family then meet and draft an action plan designed to keep them out of trouble.
    4. Action plan – the draft action plan is brought back into the group for discussion, agreement, and submission to court for approval.
  • If the action plan is not completed, the court will deal with the case in another way.

In the Community – Restorative Justice (RJC)

  • The probation services work lies in the community where inclusion is a key principle.
  • Encouraging offenders to participate in these groups is an effective way of reintegration into society.

Probation Services

  • Focus is reducing the level of crime and increase public safety
  • Roles:
    • Risks assessment to reduce risk to public.
    • Management.
    • Supervision to reduce reoffending.
    • Monitoring.
    • Supporting.
    • Amend and restorative justice.

Probation Officers

  • Become involved in the criminal justice process between the trial and the sentencing phases.
  • Provide the Judge with a pre-sanction assessment to help him or her decide on an appropriate sentence.
  • Where the Judge decides that a non-custodial sentence involving supervision or community service is appropriate, the Probation Service will ensure that the Court Order is implemented.

Social Workers

  • Place emphasis on the strengths, abilities, and coping strategies of a service user helping empower users.
  • Support individuals.
  • Improve individuals' wellbeing and life

Prison services

  • Focus is on the wellbeing and support of prisoners and the protection of society.
  • Roles:
    • Responsible for the safe and secure custody of prisoners.
    • Collaboration with other services for smooth reintegration to society.
    • Maintaining order.
    • Preventing reoffending.

An Garda Síochána

  • The detection and prevention of crime.
  • Preventing anti-social behaviour by working with communities.
  • Improving road safety

Neighbourhood watch

  • Improve neighbourhood safety
  • Prevent crime
  • Reducing anti-social behaviour
  • Promoting collaboration of public and gardai

Community policing

  • The provision of a policing service to the whole community through a partnership based, proactive, problem-solving style of policing.
  • Reduce fear of crime
  • Prevent crime
  • Promote inter-agency problem solving
  • Improve overall quality of life

Community liaison officer (CLO)

  • Builds trust and communication by acting as a bridge between communities and organizations such as an garda siochána.
  • They address concerns, mediate conflicts, and promote safety, encouraging community involvement.
  • They also host/attend events and are the primary point of contact for community members.

Juvenile liaison officer (JLO)

  • Works to prevent youth crime by supporting, guiding, and diverting young offenders from the formal justice system.
  • Liaises with families, schools, and services to assess needs, offer interventions, and promote rehabilitation, aimed at reducing reoffending and encouraging positive behaviour in young people.

Forensics unit

  • Capture and record data
  • Studying crime scenes
  • Review and examine data to produce evidence

The DPP

  • Prosecute serious crimes in the name of the people
  • Fully independent of the government