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‘One of the fundamental problems of the criminal justice system is its excessive reliance upon the discretion of individual actors’. Discuss in the context of policing. One of the fundamental problems of the criminal justice system is the amount of d...
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'One of the fundamental problems of the criminal justice system is its excessive reliance upon the discretion of individual actors'. Discuss in the context of policing. One of the fundamental problems of the criminal justice system is the amount of discretion exercise by the police. However a distinction must be made between theory and practice. Since the enactment of the Police and Criminal Evidence Act 1984 (PACE), the police in theory have had a lot less discretion and are made to account for a lot more of their movements and have more guidelines to follow then previously. However in practice there can be little accountability since most of the accountability of police required is in writing which can be achieved whether or not the police have acted in that way. The problem of the police having so much official discretion and unofficial discretion has been argued to be problematic and one...
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