this isnt a scaffold but I hope it helps. its the beginning of an essay, you just have to add in legislation and relevant examples ect.
Discretion is judgement, and in specific to the criminal justice system, the judgement exercised by applying principles, values and facts. The discretion of police and judges is of paramount importance but in reality, discretion is used from the planning of the crime by the offender, reporting the crime by victims and witnesses, to police investigation, the DPP role in taking the case to court, charge negotiation and judicial discretion. Discretion in the criminal justice system also continues in post sentencing decisions to the extent of detaining serious offenders in prison past there sentence period. Therefore, the role of discretion is essential throughout the whole of the criminal justice process.
Discretion acknowledges that the law can be a blunt instrument in delivering justice. It allows individual circumstances to be taken into account when applying the law. It is considered important in the criminal justice system as it allows it to balance the rights of the community with the rights of individuals, the accused and the victims and addresses the tension and any possible discrepancy between these competing interests.
Police exercise discretion every day as they have discretionary powers of arrest in certain matters and have discretion in the exercising of their powers when carrying out their duties. They often have to make informed decisions about whether to take crimes further and this decision will depend on factors such as the severity of the crime, the circumstances surrounding the crime and if there is enough cause to take it further. When investigating a crime, police may wish to dismiss their investigation. This is often because of a struggle to find evidence to arrest the suspect or if the crime is very minor. For less serious offences, police may simply issue a warning or caution yet if a caution is issued more than three times, police will usually arrest the offender so that the matter is heard in court.
In all cases, the jury plays a major role in the outcome of the offender, as it is their discretion which determines the final say in the case and deems the accused guilty or not guilty. It is important that the jury looks at both sides of the argument carefully and make an informed decision which considers all the evidence and circumstances as not doing so may result in the miscarriage of justice.
The Director of Public Prosecutions (DPP) has discretion with respect to what matters they will prosecute. They are given discretion as to whether they dismiss a case against the defendant based on factors such as the probability of achieving a conviction, the amount of evidence, if it is in public interest to prosecute, the nature of the offence and the characteristics of the offender.
