Just Deserts
Background Information
How to use this resource
Preparation
Technical notes
Lesson Plan
Lesson start
Module 1
Class Vote
Discussion on evidence, charging, roles and witnesses
Module 2
Class Vote
Discussion on social responsibility, intimidation and hate crimes
Module 3
Discussion on sentencing and the fear of crime
Vote results
Additional Exercise
Methodology
Photocopy Resources
Crown Prosecution Service - Key Facts
Role
Acronyms
Character map
Thanks
Feedback
Background Information
The schools visit programme developed by the Crown Prosecution Service is intended to develop closer ties between the Service and the community; contribute to a better understanding of the criminal justice system; and promote the role of the CPS.
The resources developed comprise:
Printed notes
- These are intended to provide the presenter with notes on how to run the lesson, and hand outs for duplication and distribution
Video tape of 'Just Deserts'
- A video drama split into three modules. Each module is followed by class discussion based on the notes
These notes provide information on a variety of subjects to be used in discussion with the class. It is unlikely that there will be time to use all the content. You must decide on the most appropriate mix.
If you have any queries or suggestions regarding this pack, please contact:
Publicity Branch
Tel: 020 7796 8442
e-mail: publicity.branch@cps.gsi.gov.uk
How to use this resource
Most secondary pupils will not know what the Crown Prosecution Service is or what it does. Those who have heard of it will probably think it is synonymous with the courts. This resource is intended to correct such a knowledge gap through stimulating interest in the prosecution process. The video concentrates on showing scenarios that will relate to many 14-16 year olds. The gaps between modules then allow the CPS representative to widen the concepts, and stimulate discussion in the classroom. The format of presentation has been based on a 50 minute lesson of 15-30 pupils, but is adaptable to other lengths and class sizes:
| Introduction | 2 minutes |
| Video module 1 | 5 minutes |
| Class discussion around the subject of evidence, charging, and being a witness | 10 minutes |
| Video module 2 | 6 minutes |
| Class discussion around social responsibility, intimidation and hate crime | 10 minutes |
| Video module 3 | 7 minutes |
| Class discussion around sentencing and fear of crime | 10 minutes |
The discussion questions and exercises listed in this pack are neither mandatory, nor exhaustive. The Representative must select the discussion prompts according to:
- The level of understanding and response of class
- The length of time allotted and class size
Class level of understanding
Prior contact with the teacher will provide you with information on the make-up of the class, and you can plan your presentation accordingly:
- For younger and less aware pupils, concentrate more on single, simpler discussion topics
- For more advanced classes, allow more free ranging debate
- Be flexible according to class reaction - an enthusiastic 10-minute debate will be more satisfying than several shorter ones
Class duration and size
This pack will expand to fit longer sessions - but cannot be used well in a modular form if the slot allowed is below 40 minutes.
- If your timeslot is below 40 minutes consider playing the video as a single linear programme - contact Communications for alternative version
- If the class size is over 30 (combined lessons) it may be impractical to undertake some of the interactive suggestions (e.g. voting)
It is important to make sure that each discussion point reaches a natural conclusion. These notes are intended to provide enough information to help draw each point to a close.
Preparation
Prior to visiting the school, it is suggested that you make the following preparations:
- Send a copy of these notes to the teacher to ensure they understand the lesson plan (PDF file available on CPS intranet in the media briefs section)
- Check class size
- Check availability of suitably sized TV or video projector and VHS/DVD player
- Duplicate voting sheets contained in these notes, and take ballot box (or something to collect voting slips in)
- Duplicate CPS key facts
- Check lesson length (need 45 minutes minimum for modular use)
- Speak to teacher to assess the level of the class - their knowledge, Special Needs pupils etc
- Ask the teacher if they can help with the more interactive elements
Technical notes
To help with the smooth presentation of the programme, take note of the following:
- Between modules, the video (if not using DVD) should be stopped rather than paused to prevent tape wear and accidental restarts
- Ensure that the monitor does not become a distraction by showing TV channels when you press stop - switch the VHS player to 'line' input to avoid this
- If using a DVD, check it has not become scratched as this can lead to the programme freezing
Lesson Plan
Lesson start
- Introduce yourself, with a little detail of your own training and introduction to the CPS
- Ask how many people have heard of CPS before this lesson
- Explain that everyone knows what the police do, but few realise what happens afterwards
- Explain that you are going to use video sequences and class discussion to explore issues to do with the system
- Start video
Module 1
Stop the video player
It is possible that the class will start discussion spontaneously. If so go with the flow. If not, select from the prompts below:
Class Vote
Ask the class: In Jerome's situation, would you come forward?
We suggest undertaking the class vote as the first activity. This will provide time while other issues are discussed for distributing and collecting papers.
The vote is intended to be anonymous to avoid the inevitable peer pressure associated with identifiable votes.
Introduce the vote as follows:
You have witnessed the robbery in the newsagents. You are aware that the newsagent has been hurt. You recognized one of the assailants. Would you come forward or not?
To run the vote, do the following:
- Ask the teacher to help distribute the voting slips
- Ask the class to mark the paper according to how they feel, and fold it
- Ask the teacher to take the ballot box around while you discuss other issues
- Add the totals up during the screening of module 2
Discussion on evidence, charging, roles and witnesses
Ask the class: Why will the attackers not be charged?
The Police think they have the right people - why not charge them and find the evidence later? If you do not have the evidence, why not charge them to teach them a lesson?
- If tried and found not guilty, they cannot be retried without taking the case to the Director of Public Prosecutions, the DPP (explain role as head of the CPS)
- Double jeopardy law (may need explaining) in the past meant that there could be no retrial - even if the guilty person admitted to the crime!
- Now guilty party can be retried if new evidence comes to light - e.g. DNA evidence - but approval needed from the DPP
- Cost of pursuing every case - both in financial and emotional terms.
Ask the class: What do the police decide and what does the CPS decide?
- Police arrest and question; they gather the evidence and witnesses' statements
- CPS charge and prosecute; they decide if the evidence is good enough to progress
Ask the class: What are the two tests for prosecuting someone?
There are two stages in the decision to prosecute. The first stage is the evidential test. If the case does not pass the evidential test, it must not go ahead, no matter how important or serious it may be. If the case does meet the evidential test, Crown Prosecutors must decide if a prosecution is needed in the public interest.
This second stage is the public interest test. The Crown Prosecution Service will only start or continue with a prosecution when the case has passed both tests.
(CPS Code for Crown Prosecutors booklet)
Use these examples of the public interest test with the class, or see if they can think of their own.
Ask the class: Do you think either of these examples is in the public interest to prosecute?
Some real examples
Reginald Crew, 74, of Hunts Cross, Liverpool, killed himself on Monday after suffering from the debilitating motor-neurone disease for more than four years. Merseyside Police said on Tuesday it was "obliged" to investigate his wife, Win, under British law.
"The completed files will then be sent to the Crown Prosecution Service who will decide if charges should be brought."
BBC News Tuesday, 21 January, 2003, 17:05 GMT
Cannabis crusader Lezley Gibson will not be prosecuted for possessing the drug despite being caught red-handed in an illegal Dutch-style cafe.
Multiple sclerosis sufferer Ms Gibson was locked up for four hours after being caught in a raid at the Dutch Experience in Stockport last January. She has waited 14 weeks to hear if she would be hauled before the courts. The Crown Prosecution Service (CPS) has decided not to press ahead with charges, the News & Star can reveal.
Source: News & Star, Carlisle, UK
Ask the class: Why not take former convictions into account when charging?
The re-offending rate of those who have been through Young Offenders Institutions is roughly 75%. This means that, within two years of emerging from such an institution, 75% of the leavers will have been reconvicted of a crime.
See Youth Justice or not? A Speech by Oliver Letwin MP.
Logic therefore suggests that previous convictions are a good guide to current behaviour - why not take this into account?
Ask the class: How would you feel as a juror if you found someone not guilty, and then found they had a previous record for the same offence?
Background - The case for and against
Lord Brian Mackenzie
The law at present allows evidence of 'similar facts' to be adduced where the modus operandi is so similar that it shows a systematic course of conduct.
In my experience of 35 years as a police officer, judges are very reluctant to allow such evidence because its prejudicial effect outweighs its probative value.
Similarly, if the defence attack the character of prosecution witnesses, evidence can be led of the accused's character, to show his dishonesty. Again it is a rare occurrence.
I know of a car thief whose fingerprints were found on the inside mirror in each of three cars he was alleged to have stolen. He demanded separate trials and in each case he ran the defence that he had been picked up as a hitch-hiker and therefore had lawful access to the car. He was acquitted on each occasion.
The law must safeguard the innocent but it also has a duty to convict the guilty - miscarriages work both ways and in my view, there is room for improvement.
Bruce Holder QC
When the circumstances of previous offending are so similar as make them relevant, then the law and judges do permit the evidence to be admitted.
For example, a rapist who always wears a particular unusual item of clothing, or uses an unusual method to subdue his victim may find his past crimes provided in proof of a crime where the same methods were employed. The test is not whether a person has a propensity to rape, burgle, or stalk, but whether he can be shown to follow an unusual and personal pattern in his offending. In short, people should be brought to trial on real evidence, and proof should not be substituted by prejudice.
Start module 2
Use the time during the playing of the module to count the class votes, and note the score on the accompanying sheet.
Module 2
Class Vote
Ask the class: If you were Jerome would you now give evidence? (private vote, running score)
We suggest undertaking the class vote as the first activity. This will provide time while other issues are discussed for distributing and collecting papers.
Summarise how the story has developed:
You have witnessed the robbery in the newsagents. You are aware that the newsagent has been badly hurt. You recognized one of the assailants. Your girlfriend asks you to keep quiet for the sake of her brother. They beat you up to keep you quiet, but the police have identified you as the witness in the newsagent that evening.
To run the vote, do the following:
- Ask the teacher to distribute the voting slips
- Ask the class to mark the paper according to how they feel, and fold it
- Ask the teacher to take the ballot box around while you discuss other issues
- Add the totals up during the screening of module 3
Discussion on social responsibility, intimidation and hate crimes
Ask the class: Can a witness be compelled to give evidence?
If someone is summonsed to be a witness, they are required to give evidence. If they do not, the judge could jail them for contempt. However, this is not always the best way to ensure good evidence!
Ask the class: What prevents witnesses from coming forward?
Ask the class for reasons why a witness may not come forward. These could include:
- Not wanting to get involved
- Lack of confidence/trust in the criminal justice system
- Scared of the trial process and of cross-examination in court
- Worried about the lack of support
- Intimidation by defendant and/or his/her family and friends
- Fear of intimidation
- Awkward court dates
- The witness has Special Needs
Background - Support for witnesses
The Witness Service, run by the charity Victim Support, offers support to witnesses attending court, whether for the prosecution or the defence; to victims attending court (whether or not called as witnesses); and to families and friends of victims and witnesses attending court. A pre-trial familiarisation visit is also offered to help prepare the witness for the experience of giving evidence. The NSPCC and other organisations also provide support and preparation services for young witnesses in some areas.
For a "walk through" of the court process, see: www.cjsonline.org/virtual/witness.html.
The CPS, other Government Departments and charities have also produced a guide called The Young Witness Pack (obtainable from the NSPCC).
Ask the class: Could the CPS progress the prosecution even if the witness does not come forward?
Ask the class: Can you be protected from intimidation?
Reassure the class that intimidation is rare. In 1998 the British Crime Survey found that only 8% of all incidents led to the intimidation of victims or witnesses (see background information below).
There are ways to protect witnesses:
- Criminal and civil proceedings can be taken against the intimidators who could then face jail
- Specialist hand and security alarms can provide additional security
- In extreme circumstances witnesses can be relocated
Background - Victim intimidation
In the 1998 BCS, 8% of all incidents led to victim intimidation. This rose to 15% for incidents where there was potential for intimidation (i.e., where the victim had some knowledge of the offender)
Intimidation was more likely to follow offences of violence and vandalism. Women were particularly likely to experience intimidation following a violent offence (26%). Many of these incidents involved domestic violence.
The harasser was the original offender in most cases (85%). In others it was the offender's family or friends. Where the harasser was the original offender, 41% of women who experienced intimidation did so from a partner or ex-partner.
Nearly three-quarters of intimidatory incidents involved verbal abuse, 16% physical assaults and 9% damage to property.
Victim intimidation occurs for many reasons. Only a minority (8%) of those intimidated said it was to deter them from giving evidence to the police or in court.
Background - Witness intimidation
intimidation About one-third of respondents said that they had witnessed either an act of vandalism, car crime or a serious fight or assault in the last five years. Of those who witnessed any of these crimes, only 8% experienced some form of intimidation. Witnesses were most likely to have been intimidated by the original offender - about three-quarters.
One-fifth were intimidated by the offender's family or friends.
As with victims, the majority of incidents (69%) involved verbal abuse. Physical assaults and damage to property were relatively unusual (16% and 13% respectively).
It is often thought that intimidation occurs because offenders want to deter victims or witnesses from giving evidence to the police or courts. However, the findings from the BCS suggest that intimidation is far more complex than this. In only 8% of incidents of victim intimidation did the victim feel the offender was seeking to prevent them giving evidence. Furthermore, intimidation is particularly likely following an incident of domestic violence. This suggests that further consideration should be given to different forms of intimidation and how they can be best tackled.
Source: Victim & Witness Intimidation: Key Findings from the British Crime Survey, see www.crimereduction.gov.uk/victims13.htm
Ask the class: Why does the law make a separate distinction for hate crimes?
Open discussion with the class. What are hate crimes? Are they already covered under existing law? Do we need them?
Ask the class: What part did Jerome's girlfriend play in his decision? What were her motives?
Ask the class to discuss how much their decision would be affected if they were related to the defendant. How bad would the crime have to be for them to change their mind?
How does the decision change if they are a more distant relative? Draw the chart illustrated below and see if the class can mark who they would be a witness against, and for which crime.
Start module 3
Use the time during the playing of the module to count the class votes, and note the score on the accompanying sheet.
Module 3
Discussion on sentencing and the fear of crime
Ask the class: What would you do if you were the attackers - plead guilty or innocent?
Open discussion for the class.
Ask the class: Do you think the sentence was appropriate?
Sentencing issues to discuss:
What is taken into account? Sentencing is a very complex subject which has to balance the competing elements of punishment, deterrence and rehabilitation.
- Charge
- Previous history
- Personal circumstances
- Age
- Welfare if a minor
- What they plead (and when)
- Whether racially motivated
What difference would pleading guilty make?
- if they plead guilty then they are entitled to a "discount" which will vary according to the timing - the later the plea the lower the "discount"
Racial element:
- The way the court would approach the case would be to decide what the penalty would be absent the racial element and then add on up to two years to reflect that part of the case
What is an ISSP (Intensive Supervision and Surveillance Programme) - is it a soft option?
Ask the class: Have Jerome's actions increased or decreased fear of crime?
Ask the class if they think the fear of crime getting worse?
Background - Fears for Personal Safety After Dark and Risks of Street Crime
Age |
% Feeling "Very Unsafe" |
% Victims of Street Crime |
|
| Men: | 16-30 |
1 |
7.7 |
31-60 |
4 |
1.6 |
|
61+ |
7 |
0.6 |
|
| Women: | 16-30 |
16 |
2.8 |
31-60 |
35 |
1.4 |
|
61+ |
37 |
1.2 |
Ask the class: How safe do you feel walking alone in this area after dark?
Significant factor for class discussion:
- Older women feel the least safe, but are statistically the second safest group - why?
Vote results
End the last session by asking for a quick show of hands for who would come forward as a witness, and who would not.
Write the result up on a white board. Then step backwards through the previous votes and compare the results with the class.
| Question | Yes | No | Not sure |
| Show of hands | |||
| Second vote | |||
| First vote |
Additional Exercise
This exercise can be added into a longer lesson, or left as a handout for the teacher to use in the following week.
Task: Come up with an advertising slogan for the CPS that explains its role
Ask the class to consider the main role of the CPS in our society, and to come up with a strap line for the service.
It will be more effective to spilt the class into smaller groups of five or six to run this exercise.
The strap line needs to feature on posters to promote the role of the CPS to schools. The best example will be chosen and the winning school will be asked to design the poster to go with it.
Methodology
- A strap line should act as a shorthand descriptor for an organisation. First help the class to identify the main attributes or benefits of the Crown Prosecution Service:
- "Bringing criminals to justice"
- "Ensuring a fair prosecution process"
- "An independent body"
- From these, ask the class to think of a single sentence that sums up the service. For example:
"The CPS makes sure justice is done on the population's behalf"
- Now ask them to reduce the thought in this to a snappy one liner. For example:
- Delivering Just Deserts
- Prosecuting for the people
- Just prosecution
Capture the one or many suggestions from the class, and email to:
Doreen Porter
CPS Communications Department
Doreen.porter@cps.gsi.gov.uk
Each six months, a school will be selected as winner, and they will be invited to create a CPS poster using their slogan. This will be printed, and distributed on future school visits and used in other publicity.
Photocopy Resources
Download voting slips for modules 1 and 2 to print out and copy.
Crown Prosecution Service - Key Facts
Role
The Crown Prosecution Service (CPS) is the Government Department responsible for prosecuting people in England and Wales who have been charged with a criminal offence. Created by the Prosecution of Offences Act 1985, we are an independent body that works closely with the police. The head of the Crown Prosecution Service is the Director of Public Prosecutions (the Director) Ken Macdonald QC. The Director is superintended by the Attorney General, who is responsible to Parliament for the Service. At the time that this scheme was compiled the CPS employed around 7,700 staff, including around 2,500 lawyers. Every year the CPS deals with more than 1.3 million cases in the magistrates' court and about 115,000 in the Crown Court.
With headquarters based in London, York and Birmingham, the CPS operates across 42 geographical Areas in England and Wales. These Areas correspond with the boundaries of 43 police forces in England and Wales with the CPS London Area covering the operational boundaries of both City of London and Metropolitan Police Forces.
Acronyms
| CPS | Crown Prosecution Service |
| DCA | Department for Constitutions Affairs (formerly the Lord Chancellor's Department) |
| DPP | Director of Public Prosecutions |
| HCA | Higher Court Advocate [a CPS staff member who has trained to present cases in the Crown Court] |
| ISSP | Intensive Supervision and Surveillance Programme |
| EAH | Early Administrative Hearing |
Character map
Thanks
The Crown Prosecution Service would like to thank:
Surrey Police
Woking Police Station
Guildford Police Station
Metropolitan Police (Brentford)
Guildford Crown Court
CPS Surrey
Liz Crossley, CPS Lancashire
Duncan Birrell, CPS Lancashire
Julie Donnellan, CPS Cheshire
Mike Kennedy, CPS Procurement & Commercial Services
Feedback
In order to evaluate the effectiveness of Just Deserts we would appreciate if the following can be completed and faxed through to Doreen Porter after each school project.
Fax no: 020 7796 8030
Before the visit
Ask the teacher if she would be kind enough to poll the class with the following questions when she announces your visit:
- If you've been arrested who collects evidence against you (ask the class to come up with suggestions and then take a show of hands)?
- Who decides if there's enough evidence to charge you?
- Who decides what to charge you with?
- Who prosecutes you?
- Who decides your sentence?
- Do you think the process of prosecuting someone is fair?
After the visit
About a month after your visit ask the teacher if she would be kind enough to poll the class with the following questions again:
- If you've been arrested who collects evidence against you (ask the class to come up with suggestions and then take a show of hands)?
- Who decides if there's enough evidence to charge you?
- Who decides what to charge you with?
- Who prosecutes you?
- Who decides your sentence?
- Do you feel the process of prosecuting someone is fair?
Your comments
- Did the film hold the attention of the class?
- Did anyone not understand it?
- Was the class discussion easy to get underway?
- Has the session led to further class discussion?
- Overall comments