Qualities of an Effective Criminal Justice System

In order to be influential, criminal justice system must have four important qualities. They are briefly
discussed below

i. Institutionalism requires the competent functioning of each level of government and

court of law in order for the proper administration of justice.
ii. Specificity requires disambiguation of the interpretation of laws in such a way that it
removes obstacles to their understanding.
iii. Uniformity requires consistent and uniform application of the laws, such that every
individual is certain of the laws they must abide by and those applicable to them.
iv. Penal sanction must be swift, certain and applied consistently so that it is clear that no
one is above the law and so individuals are aware of the consequential punishment that
will be endured upon the commission of a crime.

Agencies of Criminal Justice System

Article 109 of Police Order 2002 establishes a Criminal Justice Coordination Committee. The
committee is responsible for ensuring effective administration of criminal justice in Pakistan. In the
light of the said Article, following are the members of the committee

i. Head of District Police

ii. District Prosecution Officer
iii. District Probation Officer
iv. District Parole Officer
v. District Jail Superintendent
vi. District Investigation officer
vii. District and Sessions Judge

Corrections
Following the criminal trial resulting in conclusion and sentencing, the offender enters the
correctional system. The correction involves probation, jails and parole programs for both juvenile
and adult offenders. Complicating this system is the dramatic population explosion in the country,
and minimum numbers of jails

 Jail system suffers from an extremely poor performance record. Many offenders return to
crimes shortly after spending their period of sentence. This is due to the lack of effective
treatment and training programs, poor physical environment and health conditions, and the
fact that offenders in many institution/jails are subjected to violence from other inmates and
guards
 Some of the major components of correction are discussed below
 Parole
 Probation
 Confinement

Parole
 In our country the parole system is not that much established, but in other advanced
countries the convicted are selected for early release on the condition that they obey a set
of restrictive behavioural rules under the supervision of a parole officer. The main purpose
 of early release parole is to help the ex-inmate bridge the gap between institutional
confinement and a positive adjustment within the community.
 After their release offenders are supervised by parole authorities who help them find
employment, deal with family and social difficulties and gain treatment for emotional or
substance abuse problems. If the offender violates condition of community supervision,
parole may be revoked and the parolee may be sent back to jail for completion of his
confinement period.

Probation
 Probation is a judicial action that allows the offender to remain in the community, subject to
condition imposed by Court order, under the supervision of probation officer. It enables the
offender to continue working while avoiding the pains of imprisonment.
 In advance countries, social services are provided to help the offender adjust in the
community counselling, assistance from social workers and group treatment, as well as the
use of community resources to obtain employment. Welfare and housing are offered to the
offender while on probation. In same countries, community based correctional centres have
been established for first-time-offenders, where they live while holding a job or obtaining
education.

Confinement
 The State reserves the right through the criminal law to hold the criminals in jails. There, the
jail authorities classify the prisoners
 The inmates are assigned to minimum, medium or maximum-security classes. Maximum
security cells have high walls, barred cells, and careful security measures and have the most
dangerous prisoners.

Reforming Pakistan’s Criminal Justice System

 The low conviction rate, between 5 and 10 per cent at best, is unsurprising in a system
where investigators are poorly trained and lack access to basic data and modern
investigation tools. Prosecutors, also poorly trained, are not closely involved in
investigations.
 Corruption, intimidation and external interference in trials, including by the military’s
intelligence agencies, compromise cases before they even come to court. Given the absence
of scientific evidence collection methods and credible witness protection programs, police
and prosecutors rely mostly on confessions by the accused, which are inadmissible in court.
 Militants and other major criminals are regularly released on bail, or their trials persist for
years even as they plan operations from prison.
 Terrorism cases, too, produce few convictions.
 Amend the Criminal Procedure Code to establish a robust witness protection program, and
make the protection of witnesses, investigators, prosecutors and judges in major criminal
cases, particularly terrorism cases, a priority.
 Address overcrowding in prisons by
 Enforcing existing bail laws
 Holding to account any trial judge failing to set bail where required by law
 Passing a new law requiring judges to allow bail unless there are reasonable grounds to
believe the prisoner would abscond or commit further offences
  Reforming the sentencing structure for non-violent petty crimes to include alternatives
to imprisonment such as fines, probation and treatment
 Guarantee the rights of all prisoners under remand by
 Ensuring that prison facilities are fully resourced including enough vehicles to transport
prisoners to court on the designated dates
 Ensuring that they are taken to court on the dates of their hearings
 Taking action against jail authorities who assign labour to remand prisoners, prohibited
by law
 Providing free legal aid to remand prisoners who cannot afford counsel
 Initiate a broad dialogue with stakeholders, including serving and retired senior police
officials, jurists, criminologists, NGOs and other civil society groups to assess the strengths
and weaknesses of the original Police Order 2002 and produce fresh bills in each legislature
to strengthen law enforcement that have public support and political sanction.
 Develop mechanisms for individual police stations to articulate resource needs and for these
to be reflected in provincial police budgeting processes.
 Carry out a comprehensive assessment of the gaps in investigation and prosecution, based
on analysis of crime patterns, with the goal of identifying personnel, training and resource
needs at the national, provincial and district levels. Invest in producing cadres of specialists
within investigation branches and agencies, in such fields as kidnapping, homicide, counter
terrorism and cybercrime.
 Engage the public as an effective partner in policing by establishing and empowering
neighbourhood committees, citizen police liaison committees and public safety commissions
at the national, provincial and district level to oversee critical aspects of policing and by
ensuring that police have adequate resources and operational independence.
 Strengthen the police’s investigative capacity by
 Computerizing and maintaining centralized, serviceable records of all FIRs
 Amending the Telegraph Act to establish clear protocols for investigators’ access to
mobile phone data (and ensuring that this access is not undermined by the military’s
intelligence agencies)
 Amending the Evidence Act to require investigators to incorporate scientific methods
and data in investigations
 Modernizing the police force by enhancing scientific evidence collection, including DNA
analysis, automated fingerprinting identification systems, and forensics, with particular
emphasis on the provincial and district levels prioritizing completion of forensics science
laboratories
 Appointing highly qualified scientists to head the forensics science laboratories, and
making recruitment open to the private sector, with competitive salaries
 Prevent external interference in investigations by
 Requiring the approval of the relevant public safety commission before an investigating
officer in an ongoing investigation can be replaced
 Publicizing instances of military interference in investigations (including pressure on the
police to surrender prisoners to the military’s intelligence agencies, and raise such cases
with the higher judiciary)
 Strengthen the criminal prosecution services and police prosecutor coordination by
 Raising police and prosecutors’ salaries
  Providing security of tenure to prosecutors, empowering them to reject weak cases, as
well as specialized training in such fields as homicide and counter terrorism, and
integrating it with related police training programs
 Mandating joint police prosecutor committees to oversee investigations and
 Establishing a committee within each prosecution service, headed by the prosecutor
general and comprising respected jurists, to examine the number of cases an individual
prosecutor prosecutes, reasons for trial delays, and the number of convictions and
acquittals, including identifying causes for acquittals
 Respect the separation of powers enshrined in the constitution by
 Limiting the Supreme Court’s use of suo motu powers to extreme cases of fundamental
rights violations
 Strictly interpreting Article 184 of the constitution to provide a clear definition of “public
interest” that would prevent its broad use or abuse and
 Prohibiting the provincial high courts from taking suo motu action, in accordance with
the constitution
 Strike down all laws that discriminate on the basis of religion, sect and gender, as
unconstitutional, if the government fails to repeal them

 Simplification of Rules and Procedures

 Repealing of Outdated Laws
 Criminal Law Amendment
 Police as Investigative Agency
 Judicial Accountability
 Appointment, Promotion and Transfer of Judges
 Average Judge Population Ratio
 Perjury and Contempt of Court
 Efficient Public Prosecutor
 Transparency of Court Proceedings
 Time bound filling of Vacant Post in the Judiciary
Criminal Court Procedures
 The criminal Courts regulate the process by which the criminal responsibility of defendants
accused of violating the law is determined.
 The Court is expected to convict and sentence those found guilty of crimes while ensuring
that the innocent are freed without any consequences and burden.
 The entire criminal Court process is undertaken with the recognition that the rights of the
individual should be protected at all times.
 An accused also has the right to be given due process, or to be treated with fundamental
fairness This includes the right to be present at trial, to be notified of the charge(s), to have
an opportunity to examine the witness and to have favourable witness appear.
 The District Courts variously called, the Civil Court, Judicial Magistrate, Senior Civil Court,
Additional District Sessions Court and District Sessions Courts.
 They often dispense routine and repetitious justice and are burdened with a heavy
responsibility. They are not generally equipped to fulfil; characterized by cramped
Courtrooms, limited personnel, limited number of Judicial Officer, large number of pending
cases, different tactic of lawyers and the habitual litigants, remain a critical problem in
criminal justice administration.
 The High Court and Supreme Court are primarily Appellate Courts that do not conduct
criminal trial. Question of fact decided in the original Court are not ordinarily reviewed in the
Appellate Courts.
 These Courts deal with procedural errors arising in the lower Courts that are considered
violations of rights guaranteed by State or the constitution. The Appellate Court has the
authority to affirm, modify or reverse decision of the lower Criminal Court.

Prosecution and Defence Attorney

 The prosecutor and the defence attorney are opponents in what is known as the adversary
system. The prosecutor is the public official who represents the Government and presents
its case against the accused/defendant, who is charged with a violation of the criminal law.
 The prosecutor is known variously as a public prosecutor and is appointed by the
Government. The prosecutor is responsible not only for charging the accused with the crime
but also for bringing the case to trial and to a final conclusion
 The defence attorney on the other hand, is responsible for providing legal defence to the
accused This role involves two major functions
o Protecting the constitutional right of the accused
o Presenting the best possible legal defence for the accused
 The defence attorney represents a client from initial arrest through the trial stage, during
the hearing and if needed through the process of appeal.
 Any person accused of a crime can obtain the service of a private attorney if he or she can
afford to do so.
 The ultimate objection of the adversary system is to seek the truth, in this way determining
the guilt or innocence of the accused from the formal evidence presented at the trial.
 The system ensures that the accused is given a fair trial, the relevant facts of a given case
came on record and that an impartial decision is reached.
Reforms in Criminal Courts
 Rather than creating a parallel judicial system the Government should strengthen the
existing system of administration of justice which is time tested and enjoys the confidence of
the people. Given due facilities, this system has the capacity and strength to ensure the
expeditious disposal of cases.
 With a view to resolve the problem of backlog and ensure quick disposal of cases, the
Government should increase the number of judges and judicial officers.
 The problem of delays may also be tackled through enhancing the retirement age of judges.
 The Government should provide necessary funds for construction of proper court rooms,
provision of adequate ministerial staff, typewriters and stationery, etc to courts.
 Arrangement should be made for the pre- and in- service training of judicial officers Libraries
should be established and adequate books and other material made available to judges
Funds may also be provided for installing computers in courts.
 With a view to attract capable, competent and qualified persons as judges/judicial officers,
their terms and conditions of service should be improved. In particular, the problem of
accommodation and transport should be resolved.
 The system of process serving should be improved. The task of process serving in criminal
justice system should be assigned to a separate agency under the control of High Courts and
District courts. Such agency should be utilized for process serving both in civil and criminal
cases. The courts should make full use of the system of “substituted service”
 For timely submission of challan, the investigating branch of the police should be
strengthened, the number of forensic science laboratories increased and the courts should
take serious notice of negligence or undue delay/default in the timely submission of challan.
 Better seating arrangements be made for litigants and witnesses and the amount payable to
witnesses as travelling allowance and diet money should be rationalized Witnesses and
litigants should also be given due protection.
 The courts should take serious view of situations when witnesses deliberately avoid/evade
appearance in courts. Arrangements should be made for transporting under trial prisoners
to courts.
 The High Courts should issue instructions to courts to conduct hearing regularly and on day
to day basis.
 With a view to overcome the problem of congestion in jails, and so as to liberalize the law
relating to bail, Section 497 of the Cr PC be amended, and creating therein three categories
of bail. First, when offence is punishable for a period not exceeding 3 years and accused
detained for a period exceeding 6 months but trial has not yet concluded; second, when
offence is punishable for a period exceeding 3 years but not punishable with death and
accused detained for a period exceeding one year but trial has not yet concluded; and third,
when offence is publishable with death and accused detained for a period exceeding 2 years
but trial has not yet concluded.
 Frequent adjournments of cases should not be allowed. In cases of adjournment at the
request of the counsel due to appearance in a higher court, it should be allowed only on an
application along with a copy of the cause list.
 With a view to achieve the goal of expeditious trial, the High Courts should examine the
possibility of bifurcating the civil and criminal functions of District Sessions Judge, so that
they are assigned responsibilities exclusively for the trial of civil and criminal cases.
 There is a need for organized and methodical arrangements of supervision and control by
the High Courts over the functioning of subordinate courts. The cases of corruption,
inefficiency and in proficiency must be taken notice of and appropriate punishments
awarded. Strict control must also be exercised by the District Magistrate over the
functioning of executive magistrates under his control. There should also be a system of
reward and incentives in the shape of giving special increments, preference in promotion or
choice of posting for judges/magistrates whose performance is exemplary.
Role of Prosecutors
 Prosecution establishes the charges against the accused formally finalized by the Police.
 In the eyes of Law, an accused is innocent until proven guilty.
 In the Pakistan’s law, “The burden of proof is on the Prosecution.”
 “Any benefit of doubt should benefit the accused.”
 “An accused is the most favourite child of law.”
 Prosecutors shall perform an active role in criminal proceedings, including institution of
prosecution and, where authorized by law or consistent with local practice, in the
investigation of crime, supervision over the legality of these investigations, supervision of
the execution of court decisions and the exercise of other functions as representatives of the
public interest.
 Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and
expeditiously, and respect and protect human dignity and uphold human rights, thus
contributing to ensuring due process and the smooth functioning of the criminal justice
system.
 In the performance of their duties, prosecutors shall
o Carry out their functions impartially and avoid all political, social, religious, racial,
cultural, sexual or any other kind of discrimination
o Protect the public interest, act with objectivity, take proper account of the position
of the suspect and the victim, and pay attention to all relevant circumstances,
irrespective of whether they are to the advantage or disadvantage of the suspect
o Keep matters in their possession confidential, unless the performance of duty or the
needs of justice require otherwise
o Consider the views and concerns of victims when their personal interests are
affected and ensure that victims are informed of their rights in accordance with the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
 Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay
proceedings, when an impartial investigation shows the charge to be unfounded.
 Prosecutors shall give due attention to the prosecution of crimes committed by public
officials, particularly corruption, abuse of power, grave violations of human rights and other
crimes recognized by international law and, where authorized by law or consistent with local
practice, the investigation of such offences.
 When prosecutors come into possession of evidence against suspects that they know or
believe on reasonable grounds was obtained through recourse to unlawful methods, which
constitute a grave violation of the suspect's human rights, especially involving torture or
cruel, inhuman or degrading treatment or punishment, or other abuses of human rights,
they shall refuse to use such evidence against anyone other than those who used such
methods, or inform the Court accordingly, and shall take all necessary steps to ensure that
those responsible for using such methods are brought to justice.