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:
- Decides what the sentence should be.
- 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:
- Information giving – introductions are made and meeting format outlined.
- Restoration – allows victim to express the impact of the offence and facilitates the offender to account for behaviour and make amends.
- Family time – young person and their family then meet and draft an action plan designed to keep them out of trouble.
- 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.
- 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
- 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
- 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