Download 6a) Analyse/Evaluate prisons effectiveness in tackling crime and

Higher Modern Studies
Crime and Law in the UK
Essay plans
ROLE OF LAW IN SOCIETY
Legal rights and responsibilities
1a) Evaluate/Analyse citizens’ rights within the criminal court system ……………………………………………
1b) Analyse/Evaluate rights and responsibilities of the civil and/or criminal court systems in
Scotland………………………………………………………………………………………………………………………………….…pg 2-7
Civil and criminal aspects of the legal system
2. Evaluate / Analyse the extent of court systems ability to deal with crime………………………..…pg 8-11
THEORIES AND CAUSES OF CRIME
Social explanations/theories
2a) Evaluate / Analyse the causes of crime in the UK…………………………………………………………………………..
2b) Evaluate the importance of lack of success in education as a cause of crime………………..................
2c) Analyse different views on the main causes of crime in society……………………………………………………
Individualistic explanations/theories
2d) Evaluate / Analyse the view that biological reasons best explain crime …………………………………………
2e) Evaluate /Analyse the view that it is nature not nurture that creates criminals.……………………………
2f) To what extent are individual choices the main cause of crime?.........................................pg 12 -16
THE IMPACT OF CRIME ON SOCIETY
The impact on victims and offenders and the families of victims and offenders
3a) Evaluate / Analyse the impact crime has on victims, offenders and their families………………………….
3b)Evaluate/ Analyse the ways in which the victims of crime are affected…………………………………………..
3c) Evaluate/Analyse the view that crime only affects the victims……………………………………………………….
The social, economic and political impact on the wider community
4a) Evaluate/Analyse the socio-economic consequences of crime on a group or groups you have
studied…………………………………………………………………………………………………………………………………………………
4e) Evaluate/Analyse the social, economic and political consequences of crime on society…pg 17 - 19
METHODS OF TACKLING CRIME AND THEIR EFFECTIVENESS
Role of the police in tackling crime
5a) Evaluate/analyse the effectiveness of the police in tackling crime………………………………………………..
5b) Analyse/Evaluate the effectiveness of police methods in tackling crime……………………..…pg 20-21
Functions of prisons
6a) Analyse/Evaluate prisons effectiveness in tackling crime and reoffending……………………
6b) To what extent does prison effectively deal with crime……………………………………pg 22-23
Non-custodial sentences
6a) Evaluate the effectiveness of non-custodial sentences in tackling crime……………………………………….
6b) To what extent are community punishments more effective in tacking crime…..pg 24 -25
Government Measures
7a) Evaluate / Analyse the effectiveness of government methods to tackle crime……………………………
7b) Evaluate / Analyse the effectiveness of government methods to tackle crime……………………………..
7c) “Government methods to tackle crime have been ineffective” Discuss............................pg 26-27
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Role of Law in Society
The law regulates every aspect of life. There are many different areas of law:
 criminal law - covers crime or offences (minor acts of law breaking)
 civil law - covers private matters between individuals
 employment law - covers the relationships between employers and employees
 family law - covers family-related matters
Criminal law
Criminal law covers crime or offences. This includes, for example, violent crime such as murder and
assault, or property crime such as theft or vandalism.
Civil law
Civil law covers private matters between individuals. Although there are many different types of
cases dealt with under civil law, examples would include:
defamation of character
legal disputes relating to property ownership
disagreement in relation to a divorce
Legal rights and responsibilities
1a) Evaluate/Analyse citizens’ rights within the criminal justice ( or courts) system …………………………………
1b) Analyse/Evaluate rights and responsibilities of the civil and/or criminal justice systems in Scotland..
Human Rights and the Law: Article 6 of the European Convention on Human Rights (ECHR )
Article 6 of the ECHR states that all suspects or defendants in criminal or civil proceedings have the
right to a fair trial based on the following:
 Court cases will occur within a reasonable time by an independent and impartial tribunal
established by law.
 Judgment shall be pronounced publicly but the press and public may be excluded from all or
part of the trial for moral, public order or national security reasons OR where the interests of
juveniles or the protection of privacy are required, OR where publicity would prejudice the
interests of justice by prejudicing a jury’s opinion.
 Everyone charged with a criminal offence shall be presumed innocent until proved guilty
according to law.
 Everyone charged with a criminal offence has the following minimum rights:
- to be informed of the accusations against him;
- to have time for the preparation of their defence;
- to defend themselves with legal assistance or, if not able to afford legal assistance, to be
given it free.
to be able to examine witnesses against them and bring witnesses in their defence.
- to have the free assistance of an interpreter if he cannot understand or speak the language
used in court
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Right to a lawyer and to remain silent when arrested and cautioned by police
In Scotland a suspect can now be held and detained for 12 hours to be questioned by police, with a
senior officer allowing an extension of an extra 12 hours in complex cases, giving a maximum of 24
hours detention under the Criminal Procedure Act (Scotland) 1995.
 In 2010 the UK Supreme Court ruled in Cadder v HMA *Her Majesty’s Advocates+ (2010) by
supporting Peter Cadder’s appeal that his conviction for assault was based on evidence
gained without the presence and advice of a lawyer and that the way in which Scottish
police detained suspects was not compatible with the European Convention on Human
Rights (ECHR) and that arrested suspects had the right to see or speak to a lawyer in order to
avoid incriminating themselves when arrested, charged and questioned by police.
 Up until the UK S.C. decision in Cadder V HMA Scottish police had the right to hold and
question a suspect without access to a lawyer for up to six hours. This was criticised as many
suspects are vulnerable in some way, either mentally or due to being under the influence of
drugs or alcohol, and don’t grasp the meaning of the police caution which states they are
not required to say anything in case they incriminate themselves.
 Police in Scotland became overly dependent on confessional evidence with accusations of
police intimidation and threats being used in the period immediately following a suspects’
arrest, commonly accepted as the time when there is the greater risk of intimidation and illtreatment of suspects as police attempt to provoke a confession.
Scotland’s criminal justice system has historically infringed this right of suspects and has been forced
to change its processes to meet these rights.
Right to be tried within a reasonable time
The maximum length of time a criminal suspect can spend in custody before their trial starts
depends on the nature of the accusation and the court that will try your case. If a case isn’t brought
before the time limits the accused should be released, and the case against them dropped.
 If you are being accused of a minor offence which is tried by a single judge (summary
procedures) , the trial must take place within 40 days from the date you were remanded into
custody.
 For serious cases which are tried by a Sheriff and a jury at the Sheriff Court, the trial must
start within 110 days from the date you were remanded into custody. If you are being tried
for a very serious crime at the High Court (solemn procedures), your trial must start within
140 days from the date you were remanded.
 Figures from The Herald showed that almost 4000 charges had to be dropped between in
the 5 years from 2009-14 in Scotland due to falling foul of time limits to bring cases to court.
Most of the charges related to low-level offences but action on crimes such as under-age
sex, electoral fraud, animal cruelty, drug dealing and firearms charges were also dropped.
The reasons for placing time limits on bringing cases to trial is to avoid an accused person remaining
in custody for an excessive period and public should be protected are not released from custody
through the act or default of the prosecution. Scotland’s time limits ensure suspects’ right are being
met by the Scottish criminal justice system.
Children’s rights if arrested & the age of criminal responsibility in Scotland
The age of criminal responsibility in Scotland is 8 years old while the age at which children can be
tried under criminal prosecution in Scotland is 12 years.
 Children aged between 8 and 12 years old would be referred to the Scottish Children’s
Reporter Administration, not the Procurator Fiscal. The law states that young people over 12
years of age can be old enough to take responsibility. In most cases parents have
responsibility for their children until the child is 16 years old. There are, however, occasions
where the courts will take action and make decisions that ensure the wellbeing of a child such as when parents fail to take responsibility.
 A children’s hearing can make a supervision requirement which means that you as a young
person may have to live away from home either with foster parents, in a care home or
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sometimes in secure accommodation.
 Courts cannot impose a custodial sentence on anyone under the age of 12. Young offenders
aged between 12 and 15 will usually be detained in secure accommodation.
 Offenders who are aged between 16 and 21 can be sentenced to detention in a young
offenders' institution. A young person may be temporarily detained in an adult prison if
suitable secure accommodation or a place in a young offender’s institution is not available.
In 2016 The United Nations Committee on the Rights of the Child suggested that 12 years old should
be regarded as the minimum internationally acceptable age of criminal responsibility. Scotland has
been criticised for having an age of criminal responsibility which is the lowest in Europe.
Corroboration and the right to a fair trial
In Scots law there must be corroboration between evidence to convict a suspect of a crime in court.
This protects suspects’ rights that they will not be convicted on a singular piece of evidence or the
word of one witness and helps ensure the right to a fair trial.
 Corroboration means there must be two separate sources of evidence before a case can
proceed to trial. This means that the accused cannot be convicted on the word of one
person alone with no supporting evidence. In Scots law the requirement for corroboration
does not necessarily need to be by two witnesses. Examples of corroboration may include a
combination of DNA or forensic evidence, eyewitnesses and/or circumstantial evidence.
 In 2015 there was a failed attempt to abolish the need for corroboration in Scottish criminal
trials, a longstanding feature of Scots criminal law which, generally speaking, it is not used in
other countries?
Arguments in favour of the principle of corroboration
 If corroboration were abolished, but the current standard of proof in criminal cases, “beyond
reasonable doubt”, was kept, there could be difficulty in prosecutions gaining sufficient
evidence to pursue prosecutions or secure convictions.
 Corroboration safeguards against miscarriages of justice in cases where convictions rely on
confessions alone, for example in England, where corroboration isn’t required, saw a
number of miscarriages of justice in trials of Irish terrorist suspects who were convicted
based on forced confessions his would not have been possible in Scotland.
Arguments against the principle of corroboration
 Corroboration is difficult to gain in certain types of crime, particularly rape, sexual or
domestic assaults where there is only the accused and the alleged perpetrator present.
 Conviction rates in these types of crime are very low, e.g. rate of rape convictions in
Scotland was as low as 4.6% in 2009/10. It is argued that the conviction rate for sexual
offences would improve if corroboration were to be abolished.
 Corroboration causes problems in some murders cases where there is not enough evidence
to convict and in turn may result in a miscarriage of justice.
The ‘Not Proven’ verdict the presumption of innocent until proven guilty
In criminal cases the accused is innocent until proven guilty and it is the job of the prosecution to
prove that the accused is guilty. Scotland has a unique three verdict system, established in Scots law
in 1700s: Guilty, not guilty and not proven.
 A guilty verdict is returned when the prosecution has convinced a majority of the jury that
the accused committed the crime. A not guilty verdict is returned when the prosecution has
not convinced the majority of the jury that the accused is guilty. Not proven verdicts can be
returned when the jury believes the accused may have committed the crime but there is
insufficient evidence.
 The general perception has been that a "not proven" verdict suggests a sheriff or jury
believes the accused is guilty, but does not have sufficient evidence to convict.
 The ‘not proven’ verdict has been heavily criticised in relation to both accused and victim.
Renowned Scots author, Sir Walter Scott, famously referred to it as “that bastard verdict”.
 In 2016 a Labour Party Bill in the Scottish Parliament to abolish the ‘Not Proven’ verdict was
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defeated by 80 votes to 28. However, it is said to be on ‘borrowed time’.
Case against ‘Not Proven’
‘Not proven’ denies a defendant an acquittal of innocence when the prosecution have failed
to prove their case ‘beyond reasonable doubt’.
- It stigmatises defendants with the public assuming they are guilty but that there was
insufficient evidence
- It is argued to be a soft-touch for juries who are reluctant to apply a guilty verdict and
encourages the jury to be on the side of the accused
Case for ‘Not Proven’
- Not proven verdicts are controversially used most highly in cases of alleged rape where
there are no corroborating witnesses.
- In 2013-14, the not proven verdict was used in 35% of acquittals following trials for rape
The Rape Crisis centre argues that ‘not proven’ encourages rape victims to come forward as the
verdict doesn’t label them liars if there is an acquittal due to a lack of corroborating evidence.
Double Jeopardy and the right to be tried once
Double Jeopardy is a legal principle that prevents people being tried for the same crime twice
Benefits of double jeopardy
 The major benefit is it stops people from being put on trial again and again for the same crime. It
also means that the prosecution (in a criminal trial that would be the state or the police) cannot
continually try to convict somebody of a crime.
 Double jeopardy also means that individuals won't be brought to trial on little or no evidence. If
police bring a weak, half-formed case with no evidence to court, the accused may be acquitted
and the police are not permitted to prosecute them again. Because of this, people are rarely
prosecuted unless there is sufficient incriminating evidence.
Disadvantages of Double Jeopardy
 Double jeopardy can cause tremendous problems for the prosecution who must always be very
sure about their case before they begin; essentially they get only one shot at successfully
prosecuting the accused person.
 If the police are almost certain somebody committed a crime, but are lacking the ultimate piece
of evidence, they may waste valuable time trying to gather more evidence to incriminate the
person while they are free to either commit more crimes, or leave the country, or both before
their case comes to court.
 In several cases people have been acquitted of murder — just because some evidence was not
quite good enough — only to find that 20 years later new forensic technology has led to
incriminating evidence against them, yet they cannot be tried!
The double jeopardy rule no longer applies absolutely in Scotland since the Double Jeopardy
(Scotland) Act 2011 came into force. The Act introduced three broad exceptions to the rule:
- where the acquittal had been tainted by an attempt to pervert the course of justice
- where the accused admitted his guilt after acquittal
- where new evidence emerged, e.g. new DNA evidence
Case study: Double Jeopardy
Serial killer and rapist Angus Sinclair was the first person in Scotland to be retried for the same crime
after an acquittal (in 2007), following a change in the double jeopardy law. He was jailed in 2014 for
a minimum of 37 years for the murders of two teenagers at the World's End pub on Edinburgh's
Royal Mile in 1977. Police believe Sinclair also killed at least six other women and girls.
Restrictions on reporting in trials: right to privacy and secrecy in criminal trials
The press & public may sometimes be excluded from reporting or witnessing part or all of a trial.
Restrictions will be balanced against the right of press freedom. If restrictions are placed on
reporting it will also usually involve a ‘Contempt of Court Order’ which carries punishments for
anyone not following the courts’ orders. Restrictions on press reporting can be for various reasons
such as:
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Restrictions on identifying victims/suspects
Victims of sexual offences: The law provides automatic anonymity to the victim in respect of the vast
majority of sexual offences from the moment a complaint is made by them or someone else that
they are a victim of a sex crime. This applies for life. The reason for this is due to the feeling that
victims have already suffered physical or emotional distress and that being publicly named acts as a
deterrent to victims coming forward to report the crime.
Suspects in sexual offences
There has been debate about the rights of suspects to anonymity, especially for suspects arrested on
suspicion of sex crimes. The Home Affairs Select Committee has said sexual offence suspects
deserved the right to anonymity, unless they are charged or police needed to name them. The UK
and Scottish government have so far resisted these calls.
Arguments in favour of granting suspects anonymity
 Some suspects in sex abuse allegations are innocent and face the stigma that goes with
being publicly accused of being rapists or paedophiles, such as Conservative MP Nigel Evans,
were publicly named and then later acquitted of all charges.
 allegations affect suspects’ livelihood, causing irreparable reputational damage and
enormous financial burden
Arguments against granting suspects anonymity for
 Naming suspects gives other victims the strength to speak out and come forward, e.g. in the
case of Rolf Harris and Max Clifford, both found guilty of historical child sex abuse.
 Victims’ rights groups say making a special case for sex crime suspects "implies that victims
are lying".
Restrictions on reporting : Children under 18
Criminal Procedure (Scotland) Act 1995 prohibits the publication of the name, address, school or any
particulars which could lead to the identification of any person under the age of 18 who is an
accused, victim or witness in criminal proceedings. Where a person under the age of 18 years is a
witness in criminal proceedings against a suspect over 18 there is no restrictions on reporting unless
the court/judge decides so. This applies even when such details are revealed in open court. The
media may apply to have this restriction lifted through a court motion or by lodging a formal minute.
Restrictions on reporting: Terrorist trials
Gagging orders are sometimes made on criminal trials involving alleged terrorist plots or activities
for national security reasons.
 In 2015 London student Erol Incedal was tried in secret. Senior judges said it was right that
the full details of the Old Bailey case remained secret.
 The BBC and other media organisations challenged the reporting restrictions imposed by the
trial judge but lost their appeal.
 Only 10 of the almost 70 hours of evidence were heard in an open public court. Specially
accredited journalists were allowed to hear some of the secret evidence in locked sessions,
but they were banned from telling others what they had seen or heard, and their notebooks
were retained by the court.
 More than a third of the prosecution case was held in complete secrecy with the jury told
they could face jail if they ever revealed what they had heard.
In their ruling Appeal Judges said that "departure from the principles of open justice was strictly
necessary"
Restrictions on criminal proceedings to avoid prejudicing the case against an accused suspect:
In some cases reporting on the background of a suspect may prejudice a jury and prevent the
accused receiving a fair trial. Court restrictions on reporting in these cases allow this to take place.
Cases were restrictions have been applied include:
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Christopher Jeffries Case: No restrictions
In a high profile murder case following the murder of Jo Yeates in December 2011, contempt
proceedings were brought against two tabloid newspapers which had published stories and
photographs about Ms Yeates’ landlord, Christopher Jeffries, whom the police had detained as a
suspect. The newspapers referred to Mr Jeffries as “creepy”, “weird”, “a loner” and “an eccentric”.
The Attorney General took both the Mirror and the Sun newspapers to court for being in contempt.
He argued that the articles would have made a fair trial impossible as there was a substantial risk of
serious prejudice. Mr Jeffries was eventually released without charge and both newspapers were
found guilty of contempt and fined- the Mirror £50,000 and the Sun £18,000. Mr Jeffries also
received substantial damages from a number of other newspapers following a successful defamation
action.
Peter Tobin Case
For example, in November 2007, the Crown Office issued a guidance note to news editors in relation
to material which had been published in the case of Peter Tobin who had been charged with the
murder of Vicky Hamilton. At that time, Tobin was serving a sentence of life imprisonment for the
rape and murder of Angelika Kluk. The guidance made clear that proceedings in the Vicky Hamilton
case were active for contempt of court purposes and that editors should be aware that any further
publication or broadcast in relation to Tobin’s character and/or previous convictions could give rise
to a substantial risk of prejudicing future proceedings.
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The Scottish Court System
Civil and criminal aspects of the legal system
2. Evaluate / Analyse the extent of court systems ability to deal with crime…………………………………………………
2b To what extent can the Scottish criminal justice system deal with crime…………………………………………………
Civil and criminal aspects of the legal system
Scotland has its own unique legal system, for example Scotland has 15-member juries for
criminal trials (compared with 12-member juries in England and Wales) who always decide
by simple majority. Judges and juries of criminal trials have the "third verdict" of "not
proven" available to them. Scotland also has a unique system of Children’s Hearings for
young offenders.
The ethos of the criminal justice has changed remarkably in the last 60 years. The Scottish
system, like many others, was based on concepts of punishment and deterrence. Prisons
were hostile and brutal places. In more recent times, concepts such as the education and
rehabilitation of offenders and restorative justice practices have dominated.
Role of the Procurator Fiscal
 The crown office and procurator fiscal service (COPFS) is Scotland's prosecution service.
 COPFS’ role is to review reports about crimes from the police and other reporting
agencies and then decide what action to take, including whether to prosecute someone.
 They also look into deaths that need further explanation and investigate allegations of
criminal conduct against police officers.
Court System – Scotland
Justice of the Peace courts
JoP Courts were created by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 and they
replaced the former District Courts that were operated by local authorities. JoP Courts handle
relatively minor crimes such as cases of breach of the peace, minor assaults, minor road traffic
offences and petty theft. Examples of cases the Justice of the Peace court can deal with are some
traffic offences, for example driving through a red traffic light , being drunk and disorderly
and assaulting a police officer.
 The maximum sentence that a Stipendiary Magistrate may impose is 12 months
imprisonment or a fine not exceeding £10,000.
 Lay justices can impose custodial sentences of up to 60 days and can impose fines of up to
£2,500.
Sherriff Court
There are a total of 49 sheriff courts throughout Scotland. Glasgow Sheriff Court is reputedly the
busiest court in Europe, handling over 11,000 criminal and civil cases a year. Sheriff Courts deal with
crimes that are too serious for a Justice of the Peace Court but not serious enough for a High Court.
However, on the basis of new evidence being provided, a Sheriff can refer the case to the High
Court. Cases can be heard before a sheriff alone (Summary procedure) Sheriff or a sheriff and a jury
(solemn procedure). Examples of criminal cases the sheriff court can deal with are theft, assault,
possession of drugs, soliciting and appeals from the Children's Hearing.
 The maximum sentence for cases heard before a sheriff is a fine of £10,000 or 12 months in
prison.
 The maximum sentence for cases heard before a sheriff and jury is 5 years (3 years for cases
that were first called before 1 May 2004) in prison or an unlimited fine.
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High Court
The High Court is responsible for the most serious crimes. The most serious crimes include murder,
rape, crimes against children and perjury. A judge sits over High Court cases with a jury of 15 people
selected randomly from the electoral register(Solemn procedure) Examples of cases which the High
Court can deal with are: murder, rape, incest, treason and large scale fraud. . Appearing in the High
Court is a serious business and strong punishments are available.
 There are no limits on the length of prison sentence or the fine the High Court can impose.
 At the High Court in Edinburgh on 9 May 2016, Lady Rae sentenced Gary Stevenson to life
imprisonment with a punishment part of 17 years after the accused pleaded guilty to the
murder of Katy Rourke.
See http://www.scotland-judiciary.org.uk/8/1588/HMA-v-Gary-Stevenson for case details.
 At the High Court in Glasgow on 26 April 2016, Lord Boyd of Duncansby sentenced Akib
Aslam to five years and eight months imprisonment after the accused pleaded guilty to a hitand-run assault to severe injury, permanent disfigurement and impairment.
(See http://www.scotland-judiciary.org.uk/8/1583/HMA-v-Akib-Aslam for case details)
 At the High Court in Edinburgh on 5 May 2016, Lady Rae sentenced Nikola Zhulev to life
imprisonment with a punishment part of 21 years after the accused was found guilty of the murder
of Alan Gardner.
(See http://www.scotland-judiciary.org.uk/8/1586/HMA-v-Nikola-Borislavov-Zhulev for cased
details)
Successful Prosecutions in Scottish Criminal Court Cases
Prosecutions in court for all crimes and offences (these numbers exclude people against whom
proceedings are started but which are stopped before they reach court). The outcomes for these
court proceedings in 2013 included:
 In 8% (9,685 people) of cases a plea of ‘not guilty’ was accepted
 4% (5,318 people) of people were acquitted when found ‘not guilty’
 1% (1,116 people) were acquitted when the charge was ‘not proven’
 87% (105,549 people) people had the charge proved
There is a large variation in the number of charges that are proved depending on the type of
crime/offence. For example:
 83% of people charged with homicide had the charge proven
 41% of people charged with rape and attempted rape had the charge proven
 91% of charges associated with prostitution had the charge proven
 61% of people charged with theft of a motor vehicle had the charge proven
 92% of people charged with shoplifting had the charge proven
 For all motor vehicle offences, 94% of people had charge proven
REMEMBER, these figures only represent the cases that have actually made it to court. Some crimes
will never be resolved. The police may not detect the crime in the first place, or will not be able to
identify a suspect. Also, the case might be disposed of at an earlier stage, e.g. if the police or COPFS
issue a direct measure. As an example, rape is a crime that has low level of ‘guilty’ verdicts and even
lower percentage of cases which maker it to court.
High /Court of Appeal
The court consists of at least three judges when hearing appeals against conviction and two when
hearing appeals against sentence, although more judges may sit when the court is dealing with
exceptionally difficult cases or those where important matters of law may be considered. This is
known as a Full Bench. Appeals are heard from the High Court of Justiciary, the Sheriff Courts and
the District Courts. The High Court also hears appeals in cases referred to it by the Scottish Criminal
Cases Review Commission.
 In 2016 Alan Clark had his 2014 conviction for raping two women and sexually abusing two
others in Glasgow, Clydebank and Dumbarton between 2001 and 2012 quashed when three
High Court Appeal judges decided that the trial judge had misdirected the jury in a way that
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prejudiced the outcome of the trial.
 In 2016 the High Court of Appeal in Edinburgh rejected the Crown Office’s application for a
retrial of Francis Auld under the double jeopardy legislation. Auld had been acquitted on a
‘not proven’ verdict for the murder of Amanda Duffy in 1992.
Court of Session (Civil Court)
The Court of Session, Scotland's supreme civil court, sits in Parliament House in Edinburgh as a court
and a court of appeal. It is divided into two parts – the Inner House and Outer house.
The Outer House is the court where low value civil cases first appear. Examples of civil cases the
Court of Session hear include:
 divorce and other matters affecting families and children
 compensation for injuries after an accident or for medical negligence
 housing matters , e.g. rent or mortgage arrears, repairs and evictions
 debt and welfare rights
 immigration, nationality and asylum cases
 adults with incapacity - guardianship and intervention orders
The Inner House
The Inner House is in essence the appeal court, though it has a small range of cases it will hear.
Appeals are usually heard before three judges. It hears cases on appeal from the Outer House, the
Sheriff Court and certain tribunals and other bodies. On occasion, if a case is particularly important
or difficult, a larger court of five or more Judges may be convened.
Children’s Hearing System – Scotland
A children’s hearing (sometimes called a children’s panel) is a legal meeting arranged to consider and
make decisions about children and young people who are having problems in their lives.
The hearing consists of three members of the local community who act as lay tribunal members,
called panel members. The panel listens to the child’s circumstances and then decides whether
compulsory supervision orders are needed. The hearing can make a number of different decisions:
• that a formal, compulsory supervision measures are not required- case is discharged or…
• that more information is needed to help them make a decision, defer the hearing until a
later date and make an interim decision on whether a temporary supervision order for a
child is needed or not or…
• that a compulsory measure of supervision is needed to help the child.
Role of the UK Supreme Court
Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar
of the constitution. The Supreme Court was established to achieve a complete separation between
the United Kingdom's senior Judges and the Upper House of Parliament, emphasising the
independence of the Law Lords and increasing the transparency between Parliament and the courts.
 The UK S.C. is the highest court of appeal in the UK. The impact of Supreme Court decisions
extend far beyond the parties involved in any given case, shaping our society, and directly
affecting our everyday lives.
 For instance, in their first legal year, the Justices gave landmark rulings on access to legal
advice for Scottish suspects, the rights of gay asylum seekers, and the weight to be given to
pre-nuptial agreements.
 Opponents of the UK S.C. in Scotland argue it limits the independence of Scottish court
system and undermines the Scottish justice systems’ authority.
 The 2012 Scotland Act made it clear that it is the High Court of Judiciary in Scotland which is
the highest court of appeal in Scottish criminal cases, not the UK Supreme Court which and
was a response to Nat Fraser’s acquittal by the UK S.C. in 2011 for his wife’s murder. (He was
retried and found guilty again by the Edinburgh High Court in 2012.)
Issue of corroboration
In 2015 there was a failed attempt to abolish the need for corroboration in Scottish criminal trials, a
longstanding feature of Scots criminal law which, generally speaking, it is not used in other
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countries. Corroboration means there must be two separate sources of evidence before a case can
proceed to trial. This means that the accused cannot be convicted on the word of one person alone
with no supporting evidence. In Scots law the requirement for corroboration does not necessarily
need to be by two witnesses. Examples of corroboration may include a combination of DNA or
forensic evidence, eyewitnesses and/or circumstantial evidence.
Arguments in favour of the principle of corroboration
 Corroboration is a rule that has served Scotland well.
 If corroboration were abolished, but the current standard of proof in criminal cases, “beyond
reasonable doubt” , was retained, there could be difficulty in establishing sufficient evidence
to pursue prosecutions or secure convictions.
 It is a valuable safeguard which has prevented the series of miscarriages of justice seen in
England, for example, the Irish terrorist cases of the ‘Birmingham Six’, where conviction was
obtained through confession evidence alone. This would not have been possible in Scotland.
Arguments against the principle of corroboration
 Corroboration is problematic in certain types of crime, particularly rape, sexual or domestic
assaults where there is only the accused and the alleged perpetrator present.
 Conviction rates in these types of crime are very low, e.g. rate of rape convictions in
Scotland was as low as 4.6% in 2009/10. It is argued that the conviction rate for sexual
offences would improve if corroboration were to be abolished.
 Corroboration causes problems in some murders cases where there is not enough evidence
to convict and in turn may result in a miscarriage of justice.
Sarah’s Law/Claire’s LawClare’s Law
Domestic Violence Disclosure Scheme, or Disclosure Scheme for Domestic Abuse Scotland (DSDAD)
was rolled out in 2015. This scheme, better known as Sarah’s law, allows people to be told if their
partner has been violent in the past has been introduced in Scotland. The initiative is named after
Clare Wood, who was murdered by her violent ex-boyfriend several years ago. Clare's Law was
introduced across England and Wales in March 2014. It was introduced in Scotland after a six-month
trial in Aberdeen and Ayrshire which saw 22 people warned that their partners had a history of
domestic abuse.
Criticisms of Clare’s Law
 It assumes that only women are the victims of domestic abuse and encourages an attitude
of shame and secrecy in men who suffer domestic abuse.
 Without support and counselling for domestic abuse victims it is limited.
Sarah’s Law
The Sex Offender Community Disclosure scheme (commonly known as Sarah’s Law) was rolled out in
Scotland in 2011. It was the culmination of a UK campaign by Sara Payne, whose eight-year-old
daughter Sarah was murdered in 2000 by a convicted paedophile. It allows anyone who wants to
find out if someone in contact with a child has a record of child sexual offences. Police forces process
the application - but disclosure is not guaranteed. However, an applicant can trigger an investigation
to find out if a person has a known history even if there are no firm grounds for suspicion.
 There have been fears the scheme could drive child sex offenders underground where they
will be undetected, or cause vigilante-style attacks. For example in 2013 Bijan Ebrahimi, a
disabled Iranian national was killed after a sustained campaign of victimisation and attacks
by his neighbours after being wrongly branded a paedophile.
 There are also fears the scheme is a postcode lottery where some forces are more likely to
disclose than others, only 1 in 6 applications for disclosure are successful.
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Theories and causes of crime
Social explanations/theories of crime
2a) Evaluate / Analyse the causes of crime in the UK…………………………………………………………………………..
2b) Evaluate the importance of lack of success in education as a cause of crime……………….....
2c) Analyse different views on the main causes of crime in society…………………………………………………
Individualistic explanations/theories of crime
2d) Evaluate / Analyse the view that biological reasons best explain crime …………………………………………
2e) Evaluate /Analyse the view that it is nature not nurture that creates criminals.…………………………….
2f) To what extent are individual choices the main cause of crime?.......................................................
Contrasting theories exist to explain crime and causes of crime. Simplistically this is the ‘nature’,
‘nurture’ debate which can broadly be divided into individualist and collectivist interpretations.
Individualistic (nature) explanations of crime range from the idea that some people are 'born
criminals' through to the idea that criminals simply make decisions to commit crimes by balancing
the risk of rewards versus punishment. Biological theories assume that criminals act in the way they
do because of their biological make-up. Cesare Lombroso, a 19th Century Italian Army Doctor, first
argued that criminals were ‘born’ with biological abnormalities, “il neo noto’ (the born criminal).
Modern biological theories now tend to argue that inherited biological factors alone can’t explain
criminal behaviour and are often triggered by other, often social factors such as upbringing or
trauma.
Collectivist (nurture) explanations of crimes suggests that factors in society, i.e. the environment
people grow up in, such as poverty, family, peer pressure, use of alcohol/drugs etc, will make some
people more likely to commit crime.
These explanations are more concerned with background and formative experiences of criminals
(especially in childhood and parental relationships). Psychologists examine the criminal’s mind,
personality or temperament and investigated the link between mental illness and crime.
Psychologists see deviants ‘sickness’ as lying in mental process rather than physical differences.
EXPLANATIONS/THEORIES OF CRIME
SOCIOLOGICAL THEORIES
Marxist Theory
Marxists essentially see crime and deviance as defined by the ruling class and used as a means of
social control – if you don’t conform then you will be punished. Institutions such as the police, the
justice system, prisons and schools, the family and religion are there to encourage you to conform
and obey the rules.
They argue that blue collar crimes (committed by the poorest and least powerful in society) are
prosecuted more than white collar crime (committed by the richest and most powerful in society)
which often goes unpunished,
 e.g. benefit fraud of small monetary amounts get prosecuted whilst tax avoidance and
evasion rarely get taken to court, think Starbucks, Gary Barlow, Sir Philip Green…
 White collar crime arguably does more damage to society, e.g. fraud costs the UK economy
£73 billion a year yet its estimated that only 1.5 per cent of frauds are ever reported and
only 0.4 per cent ever receives a criminal sanction. After the 2009 banking crisis the bailout
cost the taxpayer £133 billion, or over £2,000 for every person in the country, yet no C.E.O.
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was put on trial or jailed.
Marxists believe Blue collar or working class crimes, committed by the less powerful in society, such
as burglary and street crime are focussed on and seen and treated more punitively ,
 e.g. a college student with no criminal record was jailed for six months for stealing a £3.50
case of bottled water during the 2011 London riots.
 the 2015 Hatton Garden jewellery heist, where an estimated £200 million was stolen, saw
six of the eight-strong gang received 6-7 years in prison terms. In the 2011 London Riots
Marxists also argue that different social classes are policed differently, with the working class heavily
policed in the expectation that they will be more criminal, therefore raising the chances of their
crimes being detected. This criminalises the poor for actions that the middle classes also engage in.
Strain theory (Merton)
Strain theory developed by Robert K. Merton believed that deviance and crime resulted from the
culture and structure of society itself. In modern, capitalist democracies it is believed everyone has
an equal opportunity of achieving success and there are socially accepted rules for achieving success.
Merton believed that can’t achieve success by legitimate means they are placed under strain and
more likely to resort to criminal or deviant behaviour to achieve that success. Merton identified
different types of
• Conformists who pursue their goals playing by the rules and laws.
• Innovators seek to achieve their goals by criminal means: often members of the lower social
classes who haven’t the advantages of the middle and upper-middle classes
• Ritualists are generally law abiding but accept lower goals.
• Retreatists ‘drop out’ of society, reject its’ values and find a way to escape it.
• Rebels reject society’s goals and values and work to replace them.
Criticism:
• It does not explain all crime. It over predicts and exaggerates working class crime and under
predicts middle class or white collar crime and it does not explain political crime [Taylor,
Walton and Young criticism in 1973]
Defence:
• Supporters believe Merton’s theory can be developed to accommodate most of the
criticisms, e.g. political criminals can be included in the ‘rebellion’ definition.
• Other theories have built on the ideas of ‘Strain Theory’, for example:
Albert K. Cohen’s ‘sub-culture’ theory built on these ideas to explain delinquency amongst youths.
‘Sub-culturism’ suggests unequal access to opportunity led to pressure on certain groups within the
social structure to break the rules. Sub-culture theory can explain gang culture and ‘young teams’,
particularly in deprived areas of Glasgow which have some of the highest rates of poverty and
deprivation as well as the highest ratio of gangs to population in the UK with an identified 110 gangs
across the city. Glasgow also has the second highest homicide rate in Western Europe with 3.3
murders per 100, 000 of population (Amsterdam is highest with 4.4 per 100,000).
Social control theory (Hirschi)
Hirschi's Social Control Theory believed that people only became criminals when their "bond" to
society was weakened.
 Hirschi believed that all humans are pleasure seeking by nature and when they are not
stopped by society rules or laws that forbid certain crimes (or even pleasures) they may be
tempted to participate, e.g. illegal drug and alcohol misuse amongst minors can be partially
explained by this theory.
 Attachments to society are also heavily influenced by family and these relationships can
affect the individuals’ relationship to society and increase the chances of following a
hedonistic, illegal lifestyle if illegal actions have been witnessed by young people amongst
their parents or adults they know.
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In Scotland regular use of harmful/illegal substances (tobacco, alcohol and drugs) has fallen over
time and is now at an all-time low. This maybe a result of significant legal and preventative measures
to control substance misuse, e.g. the increase in the age for tobacco sales from 16 to 18 in 2007 &
the 2006 public smoking ban; the challenge 25 alcohol campaign; and ‘Choices for Life’, and the
drug prevention campaign ‘Know the Score’ which have been part of a preventative approach.
However, significant minority of young people, 15% of 15 year olds in Scotland, still regularly misuse
substances and two key risk factors have been identified :
 Disengagement with school (being excluded and truanting) and less parental supervision in
monitoring of children’s behaviour.
 Poverty and whether you are from a minority background.
Right realism/Rational Choice Theory (Murray)
 Right realists believe that crime is a growing social problem and is largely committed by
lower working class male juveniles, often black, in inner city areas.
 Right realists including Charles Murray, an American sociologist, theorised that a growing,
criminal social underclass existed in the UK.
 This underclass are usually from single parent families, lack positive male role models or
authoritative figures, are poorly educated, ill-behaved, delinquent and live in a culture of
dependency with no intention of working.
 Right-realists blame the welfare state for creating an underclass that don’t take
responsibility for themselves and their families and live off the state and illegal activities.
Left Realism/Relative Deprivation (Young et al)
Left-realism(LR) is a left wing theory of crime which explains crime as being caused by social
conditions and that it is linked to deprivation.
 Relative Deprivation- where a group feels poorer and worse off compared to another groupis linked to crime. It is not being deprived and poor but the feeling of deprivation which is
important.
 Left-realists also view subcultures as the collective solution to a group’s problems, i.e. if a
group of individuals share experiences or feelings of relative deprivation, they will develop
lifestyles which allow them to cope with this problem. This may lead to gang cultures, drug
dealing, delinquency and criminality.
 A third idea of L-R is that of marginalization. Marginal groups are groups whose views and
interests in political life are not listened to and who have no interest in politics. L-R argues
that marginal groups in society are particularly prone to the use of violence and riots as
forms of political action because of disenchantment. This may explain the 2011 London riots
and the rioting that took place during the 2011 anti-cuts protest marches and
demonstrations in London.
Social learning theory (Family influences) –Bandura’s Bobo Doll experiment
Social learning theory (SLT) suggests that behaviour of all kinds is learned through the observation of
behaviour modelled by others. This theory is particularly applicable to children who observe
aggressive, violent or criminal behaviour of parents and adults. If a form of behaviour is rewarded it
is likely that a child who sees this will more likely copy that behaviour, whereas if a certain type of
behaviour is punished there is less likelihood of the child copying or mimicking it.
To test this theory, psychologist Albert Bandura conducted a social experiment. His ‘bobo doll’
experiment saw adults aggressively hit a blow up doll like a punch bag with two groups of children
watching. One group witnessing it saw the adult punished for hitting whilst the other group
witnessed praise being given. The group where the aggressive behaviour was praised repeated
hitting the doll. This suggests children copy behaviour and actions they witness.
Many prisoners have problematic backgrounds. UK Government study in 2012 show many prisoners
had experienced abuse (29%) or observed violence in the home (41%) as a child – particularly those
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with a family member with an alcohol or drug problem. A significant minority (37%) of prisoners also
reported having family members who had been convicted of a non-motoring criminal offence.
BIOLOGICAL THEORIES OF CRIME
Biological theories of crime attempt to explain that criminal behaviour and violence is down to an
individual’s genetic characteristics and that this behaviour is largely beyond an individual’s control.
Essentially this suggests that it is in some people’s nature to be criminal or violent.
Chromosomes – XXY
Chromosomes are part of the cell that carries hereditary DNA information in the form of genes.
Women have two X chromosomes and men usually have an X and a Y chromosome.
However, in 1 in 1,000 men have an individual has an extra Y chromosome.
 XYY (supermale) chromosomes may act on the brain's limbic system which regulates man's
impulses toward violence and can somehow help trigger violent criminal acts.
 Studies have shown nearly 4% of a prison population may have the XYY trait, in contrast to
less than 0.1% of the general population.
 Studies in Denmark found that men with XXY chromosomes were more likely to have been
frequently convicted of sexual abuse, arson and burglary.
However, studies also accept that social factors, such as deprivation and poverty, may also have
been factors. XYY carriers are no more aggressive than average but are characteristically tall, of low
intelligence and more impulsive which may make them more likely to be caught if they commit
crime or make them prone to crimes that are easily detected.
Adoption Studies - Inherited personality disorders and criminality
In an adoption study, the similarities between adopted children and their biological and adoptive
offspring are compared. Where the similarity is greatest with the adoptive parents an environmental
influence can be assumed on the characteristic in question. Conversely, where there is greater
similarity with the biological parents this may indicate a genetic influence.
 A study of 15,000 adopted children in Denmark suggested a predisposition to criminal
behaviour may be inherited. However, the criminal behaviour itself was not inherited, but
was more likely caused by nervous system characteristics, low intelligence and a predisposition to alcoholism (which can be biologically determined).
Several limitations should, however, be mentioned.
 First, it may not be criminality per se that is being inherited. For example, there appears to
be heritable predisposition towards alcoholism (Bohman et al, 1982). Since alcohol abuse is
associated with violent crime, this may be where the genetic link comes from.
 Second, similarities between biological parents and their offspring need not be genetic.
Criminal convictions are associated with poverty and low socioeconomic status. Both of
these are stressful. Maternal stress during pregnancy can lead to developmental problems in
the offspring, including behaviour disorders which might lead to criminal convictions later in
life.
 Third, many adopted children are not adopted at birth and their life experiences prior to
adoption may significantly affect their later development.
The Warrior Gene( MAOA enzyme)
Recent advances in the field of genetics show that genes may well play a role in criminal behaviour
 Neuorocriminology Professor, Adrian Raine’s research using brain scans shows that the
criminal brain has distinctive features. Brain scans of murderers show their prefrontal
cortex, the part of the brain that is key to self-control, was less active than normal and
concluded this made them more likely to be violent
 The gene MAOA (monoamine oxidase A ), commonly known as the ‘warrior gene’, is
associated with violent crime. In the USA, Bradley Waldroup’s genetic profile was
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highlighted as a contributing factor for the murder he committed (along with the fact that he
had been abused as a child). His defence cited research evidence that a combination of the
high-risk MAOA gene (the Warrior Gene) and child abuse increases the chances of
committing a violent offence by more than 400%.
PSYCHOLOGICAL THEORIES OF CRIME
These explanations are more concerned with background and formative experiences of criminals
(especially in childhood and parental relationships). Psychologists see deviant/criminal ‘sicknesses as
lying in mental process rather than physical differences.
Maternal Deprivation Theory
Criminal behaviour is more likely in children who have suffered maternal deprivation in infancy. This
theory suggests that there is a critical period for developing an attachment (about 0-5 years)usually
with parents . If an attachment has not developed, the child will suffer irreversible developmental
consequences, such as reduced intelligence and increased aggression.
 ‘Fractured Families’, the interim report of the Family Breakdown Working Group, found that
children of neglectful parents are more likely to suffer impaired psychological development
and be at increased risk of drug and alcohol abuse and delinquency.
 Rod Morgan, former Chairman of the Youth Justice Boards believes ‘the most troubled and
troublesome children in our society are drawn mainly from families which have repeatedly
broken down internally and externally’. However, this is not just about poverty. Children
from deprived backgrounds who avoided criminal tendencies had generally experience good
parental care.
 The collapse of marriage is linked to soaring crime rates, with children from split families
being nine times more likely to engage in criminal behaviour.
 12000 babies aged between 0-2 are separated from their mothers because of prison- and
children of prisoners are three times more at the risk of anti-social or delinquent behaviour
 Children of those who smoked heavily during pregnancy are 31% more likely to have been
arrested and were more likely to be repeat offenders
OTHER THEORIES OF CRIME
Feminist Theory - Gender & Crime
The expectations that society has of men and women are different. This means that men, for
example, may be expected to ‘stand up for themselves’ in a way that women are not. Some
criminologists argue that the influence of ‘gender roles’ is an important cause of criminality.
Figures show men are more criminal and more violent than women:
 90% of prisoners in Scotland and the UK are men
 96% of worldwide murders are committed by men
There are several reasons why this may be the case
 Opportunity – men are more likely to be in places where crime and violence are more likely
to occur, e.g. pubs, clubs, city centres.
 Time – many crimes take place at night, traditionally women are less likely to be out at night
than males.
 Stereotyping- police have criminal profiles which mean they will be more focused on policing
males and especially young males rather than women.
 Chivalry theory – this is the view that police, courts and criminal justice treats women more
leniently and that they are therefore less likely to be arrested, charged or imprisoned.
Labelling theory (Becker)
 Social groups create deviance by making the rules and laws which when broke see the
individual or group negatively labelled. The deviant is the person who the label is applied to.
 Labelling can have a negative effect because a label is not neutral: it contains an evaluation
of the person to who it is applies. It colours all the other statuses, which the person has.
 So, if you define someone as homosexual, a ‘ned’, or mentally ill, it undermines their status
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as parent, worker, neighbour and friend. Negative assumptions tend to be made in relation
to such labels.
 Individual’s self-image and self-esteem is largely drawn from the responses of others to
ourselves, so the individual will tend to see themselves in the terms of the label society
applies to them.
 This may produce a self-fulfilling prophecy. In other words, if you treat someone as being
anti-social, they will become anti-social. Negative labelling will result in negative behaviours
This theory argues that politicians and the media harping on about ‘Broken Britain’ and ‘feral youth’
has alienated young people, especially young males and minorities in the UK and Scotland, and has
contributed towards gang cultures and explosion of crime such as the 2011 London riots.
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The Impact of Crime on Society
3a) Evaluate / Analyse the impact crime has on victims, offenders and their families……………………………………
3b) Evaluate/ Analyse the ways in which the victims of crime are affected……………………………………………………
3c) Evaluate/Analyse the view that crime only affects the victims…………………………………………………………………
The social, economic and political impact on the wider community
4a) Evaluate/Analyse the socio-economic consequences of crime on a group or groups you have studied…
4e) Evaluate/Analyse the social, economic and political consequences of crime on society…………………………
Likelihood of being a victim of crimePoverty
 The Scottish Crime Justice Survey (SCJS) shows people living in poverty and deprived areas
are more likely to experience crime
 In 2015 21.2% of [people living in poverty
 Not only are poorer people likely to experience crime they are more likely to be repeat
victims
 Most poverty exists in urban areas and more property and violent crime occur in urban
areas, therefore the urban poor are 2 x more likely to be victims of crime as a result.
Young People
Young people are more likely to be victims of crime. New research has found that, if you're looking
for a young person who might be a criminal offender, one of the best ways of predicting it is by
finding out whether he/she has been a victim of crime.
 Two thirds of British children have admitted to some form of delinquency.
 Edinburgh University has found that young offenders are much more likely to become
victims of crime themselves.
Young people face higher risks of crime than older people. The Scottish Crime and Justice Survey
shows young, males living in deprived areas are more likely to experience crime
 20.4% of 16-24 yr olds experienced crime in 2014-2015
 15.6% of males experienced crime
 21.2% of people living in deprived areas experienced crime
 4.4% of the Scottish population experience 58% of all crime
Old People
Although older people are statistically less likely to be the victims of crime it does have a more
devastating effect on them than other groups.
 Half of those aged over 75 yrs old are afraid to leave home, fearing mugging or verbal abuse
 Older people are targeted due to their vulnerability and are ‘easy targets’
 Criminal gangs target vulnerable lonely elderly people in savings and investment and
financial scams.
Gender
The risk of being a victim of any crime was slightly higher for males than for females.
 18 per cent of males had been the victim of at least one crime in 2011/12 compared with 16
per cent of females. Around 4 per cent of males experienced violent crime in 2011/12
compared to only 2 per cent of women.
However, women suffer more domestic violence and sexual assaults
 Women feel less safe walking alone at night compared to men – 86% of men felt safe
compared to 64% of women.
 Almost 20% more women than men have been victims of domestic abuse.
 Almost 5% more women than men have been victims of serious sexually assault.

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Race
Minority groups are also more at risk from some criminal offences, irrespective of racially motivated
crime, due to their high concentration in high crime areas. In many cases, crime is simply linked to
deprivation, but the victims’ experience of racism leads to their perception that they are.
This was underlined by the case of London teenager Stephen Lawrence who was killed by a group of
white youths, yet no prosecution was undertaken, until recently. Crime can be considered as
another aspect of the radicalised experience of life for minority ethnic groups.
• East London local authority housing estate- 30 Bengali families experienced on average 4 ½
attacks in a 6 month period
• Other incidents included stone throwing, chasing, being threatened and prevented from
entering their flats, being punched, verbal abuse, armed robbery, doors kicked in, eggs
thrown at windows, arson attempts on homes
Geography/Residency
 45 per cent of all property crimes took place immediately outside the home.
 Violent crime happens in a number of locations including in or around a pub, bar or club (12
per cent) and in or near the victim's place of work (32 per cent).
 54 per cent of all property crime took place on a weekday and 33 per cent took place at the
weekend.
 49 per cent of violent crime took place at the weekend.
Impact of crime on victims
Physical
 In 2014-2015 in Scotland 48% of violent crime resulted in injury, most common were
bruising & black eyes (61%) and cuts or minor scratches (25%)
 Victims of crime often, especially violent or sexual crimes, report physical reactions long
after the crime – post-traumatic stress disorder (PTSD)anxiety, lack of sleep, depression,
suicidal tendencies…
Psychological
 2015 research from Allianz Insurance has found that it takes, on average, eight months for
victims of burglary to feel safe in their home again following the incident.
 Only 45% return to feeling 100 per cent safe in their home all the time.
 As well as feeling unsafe, victims display a variety of emotions in response to a burglary
according to the research.
 Anger is the strongest emotion that victims of burglary reported – lasting for an average of
11 weeks, while feelings of anxiety and worry last for around two months; which in some
cases can have varying psychological impacts on victims.
Impact of crime on offenders
The impact of Possessing a criminal record can vary depending on the type of crime(s). Often the
negative things may include:
 Suffering the loss of a job or a lack of employment due to employers being unwilling to hire
an ex-convict – many jobs require disclosure of criminal convictions and many jobs will not
hire someone who has drug convictions, called Disclosure in Scotland and Criminal Records
Bureau (CRB) check in England.
 Criminal records may result in curtailing travel abroad as some countries such as the USA
and Australia have strict visa application procedures and may not grant a visa to convicted
criminals.
 Criminal records checks may result for mortgage and insurance may result in higher
premiums .
 Personal lives may be affected by criminal records and prison sentences
 Drink driving conviction for offenders – loss of license can often result in a loss of
employment.
 Psychologically there is shame and embarrassment associated with having a criminal record
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which in extreme cases can turn to despair, depression or suicide.
Impact on families
 There could also be an impact on their family. If the person is severely injured then they may
be unable to return to work meaning a drop in income and all the difficulties this may bring
e.g. poorer lifestyle, diet, health etc.
 In this way crime can affect a much wider group. The family of the offender may also be
affected by the crime. They may feel ashamed and be shunned by their community. These
are often more serious and longer lasting than the initial physical damage to the victim. It is
too simplistic to say that only the “victim” is affected.
Economic/financial impact
Crime costs the UK billions of pounds every year in police, court and prison costs as well as
compensation payments
 In 2013 violent crime cost the UK almost £125 billion, equal to almost 8% of UK GDP or
equivalent to £4700 per household
 Retail crime costs the £1.6 billion per year, with companies forced to pass these costs onto
customers in increased prices
Impact on communities
Often the whole community is affected by a criminal act. From the actions of only a very small group
of offenders a local area can gain a “bad” reputation if there is too much violent crime. For example,
some parts of Glasgow have a reputation for violent gang crime.
 This can have a negative effect on the spirit of the people who live there but can also have a
negative effect on the area’s economy. If people don’t want to live there then house prices
may drop. Household and car insurance in the area may become more expensive, further
driving people away.
 People who stay will have less to spend. Local business may not wish to be associated with
the area leading them to relocate. Unemployment may then rise further reducing the
desirability of the area.
 Local business will of course suffer as they may have to pay higher insurance premiums etc.
Overall, to suggest that crime only affects the victim is clearly wrong. It can have a negative
impact on the social and economic life of an entire community.
 On the other hand the impact of a major crime could bring a community together and create
a determination among people that the community will get over it and grow stronger. A
good example of this was the midnight anti-rape protests which took place in Glasgow in
order to support the victims and to show solidarity against criminals
Case Study: Glasgow
Glasgow had a reputation for being the UK’s most violent and criminal city according to the UK
Peace Index. Glasgow has 2.7 murders per 100, 000 people compared to London with 1.67 per
100,00As a result there were a lack of facilities in many of Glasgow’s more deprived areas, e.g.
Easterhouse, Calton, Bridgeton/Dalmarnock. In recent years, p[particularly with the Commonwealth
games there has been a massive investment in these areas which has addressed the housing crisis in
a an attempt to
Political/legal impact – e.g. New anti-terror legislation

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Methods of tackling crime and their effectiveness
5a) Evaluate/analyse the effectiveness of the police in tackling crime………………………………………………..
5b) Analyse/Evaluate the effectiveness of police methods in tackling crime……………………………………….
The Role of the police
The police have several functions to fulfil including maintaining law & order, detect crime,
preventing crime and ensuring public safety.
Police Scotland Restructuring
 Police Scotland, a unified Scottish Police Force, came into being in 2013. Police Scotland’s
creation was a restructuring of the Police organisation across Scotland. There is now one police
force, comprising 17,000 officers, which replaced the previous eight divisions across Scotland.
Police Scotland now splits Scotland into 14 different territorial divisions, e.g. there is a division
that covers the whole of Glasgow, East Renfrewshire and East Dunbartonshire whereas the city
of Edinburgh is policed by a single police division. Each division has a Chief Superintendent in
charge of the policing in that local area. Police Scotland is held accountable to the Scottish
Police Authority (SPA) and, to an extent, by the media who cover stories on their performance.
 Critics of Police Scotland have said the restructuring is a cost-cutting exercise that will save
money but reduce the quality of policing. The SNP government argue that it will maintain
quality whilst making efficiencies in backroom operating costs and will not reduce frontline
policing.
Successes of Police Scotland
 Commonwealth Games Policing
Police Scotland successfully maintained public order during the 2014 Commonwealth games, a
major international sporting and tourist event which was also a potential high profile target for
terrorist activity.
 Crime Rates
In recent years crime levels in Scotland have dropped significantly across some key areas. In
2015 overall crime was down 5% with violent crime having decreased by 6%, and murder rates
having dropped slightly. Detection rates of crime stood at 84% and 80% of police services users
had high or very high confidence levels in the police. Crime is at a 41 year low in Scotland.
 Zero Tolerance (Intensive Enforcement)
Knife crime prevention has been a major focus and target of Police Scotland and the Scottish
Government. In December 2013 Police Scotland took a zero tolerance to anyone caught
carrying a knife. Knife crime dropped by 28%. Coupled with outreach campaigns under the ‘No
knifes, better lives” banner have been a success with crimes involving handling an offensive
weapon decreasing by 67% in Glasgow and 60% in Scotland since 2006/7.
 Savings & Police Numbers
It is estimated restructuring the police in Scotland will save £1.1 billion by 2026; in 2014 police
Scotland met targets to save over £60 million. In its first two years up to December 2015 Police
Scotland made savings of over £130 million. Despite savings, there has been maintenance of the
SNP government’s commitment to maintain an extra 1000 police officers above 2007 levels.
Criticisms of Police Scotland
 Police Scotland has also been severely criticised on many issues, e.g.
- The use of stop and search policies using criminal profiling of youths. Scottish Ministers
criticised the use of stop and search of teenagers for alcohol without probable cause as
having no legal basis and ordered Police Scotland to desist from this. From 2014-2015 use
of stop and search by Police Scotland dropped by 40%.
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-
the death in custody of Sheku Bayoh (a Sierra Leone immigrant arrested while allegedly
under the influence of drugs and wielding a knife).
- The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012
has also been controversial in how it is applied at football games by police. This law makes
sectarian singing and inciting religious hatred at football games illegal. Football fans criticise
this as a law against freedom of speech and that it criminalises innocent football supporters
for singing traditional football songs. Opponents argue the police already had enough
powers under existing laws to challenge violent behaviour and that punishments are
disproportionate.
- Police failure to respond to an M9 crash in July 2015 led to further criticism of Police in
Scotland. A couple, John Yuill and his partner Lamara Bell, died after it took three days for
officers to respond to reports of their car leaving the M9 road near Stirling due to
miscommunication. As a consequence the Chief Constable of Police Scotland , Sir Stephen
House, was forced to resign in December 2015 amidst calls for a return to a Federal
organisation of the Police in Scotland by opponents of the SNP government. The SNP
government also reversed a decision to close three police call centres as a result.
Arming the police
Controversy surrounds the issue of arming or allowing armed police officers to attend routine
incidents and patrol streets;
- Tasers: The Police Federation (the ‘union’ for frontline police in Scotland) has called for ALL
police vehicles to be armed with Tasers due to increasing numbers of police assaults- 1 in 3
officers is assaulted with over 5000 incidents a year. Police Scotland have no plans for this
and only trained armed response police are allowed to use Tasers.
- Guns: In 2014 the sight of Specialist armed police officers routinely patrolling in Scotland
caused public and political concern. As a result Police Scotland reviewed their policy and
performed a u-turn by deciding that in future armed police will only be deployed to
firearms incidents or where there is a threat to life. However, Police Scotland said the
standing order allowing the deployment of officers with handguns and Taser stun guns
would continue and that only 2% of the near 18,000 officers are qualified to carry weapons.
Community Policing
Community policing tries to attempt to develop close alliances between the police local communities
Social Benefits
- Help reduce citizen fear of crime
- Improve police-community relations
- Creates more effective responses to community problems
Limitations
- Can increase hostility between the police and neighbourhood residents can hinder
productive partnerships
- increases in officers' decision-making autonomy can lead to greater opportunities for police
corruption
- resistance within the police force can hamper community policing's successful
implementation.
Police Scotland’s centralisation of services and budget cuts have been criticised as undermining
community policing in Scotland with police 58 per cent of people thought the single force did a good
job, compared to 61 per cent two years ago. However, falling crime rates (41 year low)
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Methods of tackling crime and their effectiveness
The function of prisons
6a) Analyse/Evaluate prisons effectiveness in tackling crime and reoffending……………………
6b) To what extent does prison effectively deal with crime…………………………………………pg
Rehabilitation and community sentences are
effective in tackling crime
(Prisons are ineffective)
Prison failures
“Prisons sometimes do good but they always do
harm”
Overcrowding
Prison is not an effective way of tackling crime as
prisons are often overcrowded. The
imprisonment rate in Scotland is 147 per
100,000, much higher than other countries such
as Norway which only locks up 73 per 100,000.
The UK’s prison population has doubled since
the 1990s from 45,000-over 86,000. Scotland‘s
prisons have a capacity of 8000 but the prison
population has been as high as 8500 in recent
years. This means that prisoners are often locked
up for up to 23 hours a day and don’t get access
to exercise or educational or work programmes.
Reoffending
Scottish and UK prisons have a high rate of
reoffending. 60% of prisoners sentenced to less
than 3 months reoffend, while 10% of long-term
prisoners reoffend after release. 45 % of women
reoffend. Reoffending costs the UK £ 13 Billion
per year and Scotland an estimated £3 billion per
year.
Violence in prisons
Violence is still common in Scottish prisons but
declining- perhaps in line with declining prison
population. There were over 100 deaths in
Scottish custody from 2010-2015, nearly 2000
recorded prisoner-on-prisoner assaults in 2014
and there is regularly over 150 assaults on prison
staff.
Drugs in prison
Drug taking in Scottish prisons is an increasing
problem. In 2015 the number of prisoners
Rehabilitation and community sentences are
ineffective in tackling crime
(Prisons are effective)
Prisons Successes
“Prison is the only punishment that can meet the
four purposes of retribution, incapacitation,
deterrence and rehabilitation”
Retribution, incapacitation, punishment &
deterrence
Prison fulfils the function of retribution as it
gives justice to the victims of crime. By
incapacitating criminals it also increases public
safety as it removes criminals from society by
incarcerating them. Prison can also be an
effective method of tackling crime as it involves
the loss of freedom and so is a form of
punishment. Punitive approaches arguably act as
a deterrent to many people and stop them from
committing crimes for fear of being locked up
and losing their liberty.
Overcrowding
Since the Criminal Justice and Licensing
(Scotland) Act 2010 there has been a
presumption against using prison sentences of 3
months or less and using community sentences
instead. Scotland‘s prison population has been
steadily declining as a result. Now only 30%
instead of 50% of Scottish prisoners are serving
sentences of less than three months. In 2015 an
average of 7,700 people were in Scottish prisons,
a decrease on the previous year.
There has also been an extensive addition to
Scotland’s 13 public prisons to increase capacity
and modernise facilities, e.g. HMP Low Moss and
HMP Grampian. There have also been
developments in the use of two new private
prisons in Scotland’s prison system(Addiewell &
Kilmarnock), run by security firm SERCO.
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caught taking drugs in Scotland’s jails rose by
almost 15 %. HM Chief Inspector of Prisons for
Scotland (HMIPS), David Strang, has also
reported that legal highs and synthetic cannabis
use are an increasing problem in prisons which
encourages debt, bullying and violence and in
some cases has led to the suicide of prisoners.
Shortages in prison staffing and the use of
drones to fly drugs over prison walls are making
it easier to smuggle drugs into prisons.
Costs
Prison is hugely expensive to the taxpayer. It
costs over £33,000 per year to keep a person in
prison. The cost of running Scotland’s prisons is
almost £250 million. Spending a proportion of
these sums on education, health and housing
could be more productive use of public money.
Purposeful activity, rehabilitation & reducing
reoffending
The Scottish Prison Service offers a range of
programmes to meet the diverse needs of
people in prison. Programmes include treatment
for addictions, programmed interventions to
address offending behaviour, educational and
vocational courses, and support on release.
 HMP Barlinnie piloted a scheme to
Support for short-term prisoners offering
them support worker who helps with
throughcare housing, education, family
and work opportunities.
 HM Young Offends Institute Pomona
offers the ‘Paws for Progress’ scheme
which provides YOs with social skills,
work skills and SQA certification.
Although still high, reoffending rates in Scotland
are declining and have dropped 18% from 20102015.
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Methods of tackling crime and their effectiveness
Non-custodial Punishments
6a) Evaluate the effectiveness of non-custodial sentences in tackling crime……………………………………….
6b) To what extent are community punishments more effective than prisons in tacking crime …......
Community Payback Orders
Community Payback Orders (CPOs) are used to deal with relatively low-level antisocial crimes.
Community based sentences are most likely to be effective if targeted at those offenders who have
not committed very serious offences and who do not present a high level of risk of harm to the
public but are at a relatively high risk of re-offending. These offenders have the potential to change
their attitudes and behaviour but do require some supervision and support. CPOs may include the
unpaid work or other activity, offender supervision, compensation, mental health treatment, Drug
treatment, and/or alcohol treatment.
 Offenders who serve a community order instead of a custodial sentence are ⅓ less likely to
re-offend and 4 times less likely to end up in custody for a future offence.
 Reoffending rates in Scotland for prison sentences were 47%, compared to 39% for
community-based sentences.
 6 months in prison also costs more than 10 times as much as a community service order, so
CPOs are a cheaper as well as more successful option than prisons.
Home Detention Curfew Order (Tagging)
Restriction of Liberty Order are used with probation, can perhaps set useful boundaries for short
periods and can help to engage offenders in constructive activities if used in conjunction with
probation.
 Electronic Monitoring or Tagging thousands per year in UK, though most used for early
release
 2% of offenders have re-offended while tagged (most were driving offences)
 50% of HDCs are breached each year
Drug Treatment Testing Orders (DTTOs)
DTTOs offer drug treatment and testing to offenders with drug problems who have mostly
committed theft to fund a drug habit.
 Drug Treatment and Testing Orders are expensive but potentially effective alternatives,
providing treatment for those who turn to crime to fund drugs habit
 However, rates for reoffending for those given DTTOs in response is worryingly high at 65%
Fines
Financial Penalties- if linked appropriately to income can be most appropriate for offenders who are
unlikely to become recidivists – this does not rule out fines for relatively serious offences.
 55% of all sentences issued in 2013-2014 were financial penalties
 Fines issued by the Sherriff court are more likely to be repaid (approx. 90%) than on-thespot fines issued by police (approx 60%) for anti-social behaviour
The case for fines



The fine is a ‘punishment’ because it inflicts financial pain
It can deter individuals from offending and convicted criminals from reoffending
Fines have fewer reconvictions than other penalties.
The case against fines
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


Fines do not repair damage done by the original crime, and do not offer the offender an
opportunity to be rehabilitated.
Fines can be paid by others rather than the offender, e.g. In the case of young offenders, it
is assumed by courts that parents will pay the amount due.
Fines don’t affect everyone similarly, e.g.10 individuals fined the same amount could be
affected in very different ways, depending on their wealth and ability to pay.
Restorative Justice
Restorative Justice (RJ) gives the person responsible for the harm a way to discuss the incident and
hear the effect it has had on the person harmed. Participation is entirely voluntary and either party
can withdraw from the process. Restorative justice can be carried out through conferencing, face-toface meetings or shuttle dialogue facilitated by a social worker. A mutually agreed action plan helps
to repair the harm and often includes a letter of apology, financial reparation, a reparative task or
charitable donation.
 Every £1 spent on delivering Restorative Justice saves up to £9 by lowering the cost of
offending.
 Academic studies show restorative justice substantially reduced repeat offending for some
offenders, but not all.
 Benefits also include reducing crime victims' post-traumatic stress symptoms and related
costs, providing victims and offenders with more satisfaction with justice than criminal
proceedings and prison, reducing crime victims' desire for revenge, reducing the costs of
criminal justice and reducing reoffending more than prison does.
 However, RJ doesn’t work well for sexual offenders, drug offenders or domestic violence
cases.
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Methods of tackling crime and their effectiveness
Socio/economic/political solutions to crime
7a) Evaluate / Analyse the effectiveness of government methods to tackle crime………………………………….…
7b) Evaluate / Analyse the effectiveness of government methods to tackle
crime………………………………………
7c) “Government methods to tackle crime have been ineffective” Discuss...................................................
The Scottish and UK governments continuously introduce policies and legislation to tackle crime and
‘nudge’ society by changing patterns of social behaviour. The Scottish government for instance
introduced its ‘Strategy for Justice in Scotland (2013)’ which had a range of measures aimed at crime
prevention:
 Policies to tackle anti-social behaviour
 Policies to counter terror threats
 New laws for victims of forced marriages
 Tougher punishments on prejudicial, racial and religiously motivated crimes
 Child protection measures
 Prostitution & kerb-crawling
 Misuse of firearms and air weapons
 Youth Crime Initiatives – Kick it Kick Off
Government methods that have been effective in tackling crime
Criminal Justice Licensing (Scotland) Act 2010
The Scottish government set out measures to tackle and reduce reoffending through greater use of
non-custodial sentences, known as community payback orders (CPOs) [see p. 24-25 on noncustodial sentences]. This Act also included measures to:
 New sentencing council
 Raise criminal prosecution age from eight to 12
 Presumption against short jail sentences
 Community payback orders as alternative to jail terms
 New offences on stalking, slavery and "extreme pornography"
 Tougher penalties for involvement in organised crime
Anti-social behaviour orders
An antisocial behaviour order (ASBO) is an order, given out by a court, to stop a person from
behaving in certain ways or doing certain things. An ASBO is a civil court order. This means that it is
not a criminal conviction and therefore does not give a person a criminal record. However, a person
can still be prosecuted for criminal behaviour and be put in prison or fined, even if they already
have an ASBO against them. Someone with an ASBO against them can also be prosecuted if they
breach the terms of it.
Examples of things that could be classed as antisocial behaviour under the law include:
 noisy neighbours
 graffiti
 drinking or drug use which leads to people being rowdy and causing trouble
 large groups hanging about in the street (if they are causing, or likely to cause, alarm and
distress)
 litter problems
 racism.
Reducing knife, gun and violent crime
A significant minority of all violent crime and knife crimes are carried out by youth gangs, To tackle
this Scottish and UK governments have introduced tougher sentencing as well as crime presentation
measures:
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
In 2012 the Scottish Government extended the maximum jail term for carrying a knife in
Scotland
 Firearms legislation made it an offence to possess sell or transfer an illegal firearms with a
maximum sentence of up to life in prison and unlimited fines from 4 to 5 years
 ‘No Knifes, Better Lives’ is a national campaign aims to raise awareness of the consequences
of carrying a knife among young people.
 Medics Against Violence (MAV) is a Scottish secondary school programme to influence
attitudes to violence among young Scots. NHS professionals go into schools to talk directly
to pupils about the consequences of violence & how to stay safe and make positive
choices.
The number of young people under 19 in Scotland convicted of handling an offensive weapon has
also fallen by 82% from 811 in 2006/07 to 146 in 2014/15, suggesting government approaches are
succeeding.
Tackling hate crimes
The Scottish government invested heavily in Equality Funding (£63 million) and Tackling
Sectarianism Fund (£9 million) which support community and education initiatives to combat
prejudice, discrimination and hatred, introducing new laws to prosecute anti-social and violent
prejudice, including sectarianism and used the Community Payback Order change offending
behaviour.
The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012
This law criminalises behaviour which is threatening, hateful or offensive at a football match
including offensive singing or chanting. It also criminalises the communication of threats of serious
violence and threats intended to incite religious hatred, sent through the post or posted on the
internet.
The Offences (Aggravation by Prejudice) (Scotland) Act 2009
This law provides for statutory aggravations for crimes motivated by malice and ill will towards an
individual based on their sexual orientation, transgender identity or disability.
The Criminal Justice and Licensing (Scotland) Act 2010 further strengthened statutory aggravations
for racial and religiously motivated crimes.
 From 2013-2014 the number of sectarian incidents recorded at Scottish football matches
fell by 40% - 51% of the football-related cases involved either Rangers or Celtic.
 Race motivated hate crimes are also falling across Scotland whereas in England and Wales
hate crimes, 80% of them motivated by race, have increased in recent years.
Alcohol related crime
 Alcohol related crime is estimated to cost the UK over £20 billion every year, £ 3 billion in
Scotland which equates to £900 per person.
 45% of offenders were drunk at the time of their offence
 75% of young offenders were drunk at the time of their offence
Both UK and Scottish governments have attempted to curb this by introducing laws designed to
change behaviours with regard to alcohol consumption:
Alcohol (Minimum Pricing) (Scotland) Act 2012
The minimum unit price of 50p per unit was brought in to affect cheap white ciders and spirits with
high alcohol content which tend to be favoured by problem drinkers. Drinks manufacturers have
challenged this and the European Court of Justice warning that such a move would be illegal if tax
rises could be used instead.
 Alcohol related crime has dropped in the last decade in both England & Wales from 1.3
million crimes to under 1 million.
Drink Driving Limit Reduction (2014)
The Scottish government reduced the legal alcohol limit for driving from 80mg to 50mg in every
100ml of blood. The limit in England and Wales remains at 80mg.
 Drink-drive numbers fell by 12% in the year after the Scottish limit reduced
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 82% of Scots now believe that drinking any alcohol before driving is unacceptable.
Drug related crimes and deaths
Under the Misuse of Drugs Act 1971, illegal drugs are divided into Class A, B and C. Penalties are
most severe for Class A drugs like crack cocaine and heroin, and least severe for Class C drugs like
khat and anabolic steroids.
 Producing or supplying a Class A drug can be punished with life imprisonment, while there is
a 14-year maximum term for Class B and C.
 Possession is treated less severely, with maximum sentences of seven, five and two years
for Class A, B and C respectively. Warnings and on-the-spot fines are sometimes given for
possession of drugs.
To deal with the new ‘designer drugs’ and ‘natural highs’ on the market the government can now
ban new drugs for 1 year under a ‘temporary banning order’ while they decide how best the drug
should be classified. Drug courts and DTTOs (see p. 24-25 on non-custodial sentences)
 The percentage of under 25s reporting using heroin from 58% to 23% between 2006 – 2015
 Patterns of drug use suggest
Tackling Terrorism & National Security
 The Terrorism Act 2010- extended legal rights to detain and arrest terror suspects for 28
days and to conduct trials without terror suspects hearing evidence against them which
might threaten national security if heard, e.g. the source of information obtained by a
Security Service spy in the terror cell.
 Counter terrorism strategy- to pursue, prevent, protect and minimise against terror attacks
using the Police, MI5 and other Security Services.
 Creation of the Terror Threat Level – which decides if terror attack is
critical/severe/substantial/moderate or low. This sets the need for law enforcement
 Deportation of Terror Suspects- The UK government now actively attempts to deport
Islamic terror suspects back to their country of origin, if they are foreign born, and to
countries where they may be wanted for terrorist crimes. Examples of this have been Abu
Hamza and Abu Qatada.
Scottish crime rates report (2015)
 Crimes recorded by the police in Scotland decreased by 5%
 Non-sexual crimes of violence decreased by 6% from 6,785 to 6,357
 Sexual crimes increased by 11% from 8,604 to 9,557. The recording of these crimes is at the
highest level seen since 1971.
 Crimes of dishonesty decreased by 8% from 137,324 to 126,857. These crimes have been on
a downwards trend since they peaked in 1991.
 Fire-raising, vandalism etc. decreased by 4% from 54,418 to 52,091. These crimes have been
decreasing sharply since they peaked in 2006-07.
 Other crimes decreased by 3% from 63,266 to 61,488. This decrease has largely been driven
by a decrease of 11% in Crimes against public justice.
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