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22 Int'l Rev. L. Computers & Tech. 1 (2008)

handle is hein.journals/irlct22 and id is 1 raw text is: International Review ofLaw Computers & Technology Routledge Vol. 22, Nos. 1-2, March-July 2008, 1-5 INTRODUCTION Crime and criminal justice Kenneth Russell* Crown Prosecuting Solicitor Ian Shaw arrived at Derby Magistrates' Court on 6 March 2001 to prosecute Brendan Michael Forrester who was charged with 11 offences - six motoring offences, including death by dangerous driving, two drug charges, obstructing a police officer, possessing a rocket launcher and living off immoral earnings. Shaw was surprised that the police had not supplied him with a case file, but in the light of the charges this would have required a large van to transport them. Despite not having the full information Jan Shaw prepared to prosecute, but when the usher called the defendant's name no one appeared. Full enquiries were made but Mr Forrester didn't exist! A later follow-up revealed that an employee of the Magistrates' Court created the mysterious offender during his lunch time break and was charged under the Computer Misuse Act 1990.1 Whether this case eventually came to court is not clear. Often when a crime is committed there is no response from the criminal justice agencies. The starting point for the criminal justice process is only when a crime is reported to the police. The official British Crime Survey in 1999 reported that only 41% of crimes discovered were reported to the police and the police only recorded 23%. If an alleged offence comes to the attention of the police they may investigate it. If they do and believe there is sufficient evidence to believe that a person has committed the offence, then a number of different options become available. For example, to deter an offender under 18 years of age from further action a warning or a reprimand may be given. Other offences may be tried in the Magistrates' court or the Crown Court. At this stage the prosecution is taken over by the Crown Prosecution Service (CPS), which is an agency of the state created by the Prosecution Offences Act 1985. The Director of Public Prosecutions (DPP) Ken Macdonald ('Building a modem prosecut- ing authority') is uniquely placed to analyse the development of the CPS. He describes the trans- formation from its establishment, when it was poorly designed with a weak remit and feebly funded and described in the House of Commons by a government minister as 'low grade legal work' to its present status as an organisation embodying the values of fairness, impartiality and independence. The DPP will be aware that crime in Britain is a highly politicised issue, as Bobby Duffy, Rhonda Wake, Tamara Burrows and Pamela Bremner assert in 'Closing the gaps - crime and public perceptions'. The International Social Trends Monitor reveals that despite more money being spent on law and order, it is a greater concern for people living in Britain than in other European countries or the USA. Their conclusions in a wide ranging, perceptive and in depth analysis have important recommendations which politicians ignore at their peril. *Email: fitRevLCT@aol.com ISSN 1360-0869 print/ISSN 1364-6885 online ( 2008 Taylor & Francis DOI: 10.1080/13600860801924865 http://www.informaworld.com

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