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Police order 2002

- Safety commissions to prevent police brutality through complaint cells
- Public centres to reduce politicization of the police
- Prevent bribery corruption and politicization
- Mics and camera in interrogation rooms in thanas but could not do this in every thana
- Specialization promoted by separating Ward and watch, investigation, reporting,
operations etc. However now when this division happened then corruption became
worse because now had to give bribes at all these different levels. Previously just one
place
- However safety commission and complaint cells were finished after 2005 because of
police resistance
- This order has been amended now so much that amended back to police rules 1861

Partnership with criminals

- Do gang wars to eliminate competition so that one gang
- Monopolize and then use it to generate profit
- Nexus between police and criminals
- People selling drugs and alcohol → people allows certain people to continue with this
sale
- Prostitution rings also allowed because themselves use this service

Mishandling of crime scene and evidence

- No sense to gather evidence
- Police itself contaminates the crime scene
- Even if evidence collected → bare hands
- No records
- Why many criminals walk free because can't develop proper case

No regard for oricnoples of CI

- Accuracy, regard, thoroughness, sensitivity etc → all disregarded

No capacity building
- Laws taught in 6 months → general people inducted
- Cannot fully understand law in such a short time
- Lack of gender or juvenile or electronic crime sensitivity
- Weapon training limited because of lack of funds
- Change from one government to another causes a change in pay structures of wardens
etc → inconsistency is demotivating
- Negative public view of the police → self fulfilling prophecy

Prosecution
Leadership role

Educate the people

- Role model

Representative of the state

- Does not represent the victim but the state
- Appointed by the state, not the victim
- Works with the police
Work with the police
- Evidence analysis
- What questions to ask
- Building a case
- If case weak right now then may temporarily drop it for now to get time to gather
more evidence
- Diversionary programs
- Esp for juvenile delinquency
- Rehabilitation

Problems
Ad hoc appointments
- Before 2006
- State had no prosecution Dept
- No one to present argument
- Police officer himself presented arg in the court
- Appoint a normal lawyer to pursue the case at provincial level
- At federal level then attorney and deputy attorney general → criminal cases as well
After 2006
- Every province made a bull for prosecution eg Punjab criminal prosecution service act
2006
- Prosecution Dept for each province
- However these prosecutors are underpaid
Not fully empowered
- Can direct police from one case to another
- Case choice is not decided by the prosecutor
Bribes
- Can get from defence

Defence
Roles
Protect rights of the accused
- Innocent until proven guilty
Attorney client privilege
- Defence council cannot be a witness against you
- Confidential even if confession made
- Any person's hide should be heard first to understand the contextual issues which drove
the accused towards the crime
Allocation of decision making
- Defence council cannot assume they have a better grip than the prosecutor
- Defence council cannot influence accused decision → only present the decision in
course
- No “diminshed capacity” annot assume that juveniles cannot make a decision but just
that cannot make an informed. The responsibility to inform them properly
- No “best interests" even if defence thinks accused taking decision not in best interests
doesn't matter, has to go with what the accused wants

Problems
State appointed do not take it seriously
Don't work in the best interests I their clients
Collusion with the accuser

Courts
Roles
Parens patriae
- Court to act as a parent towards those presented in court
- In the best interests → paternalistic
Expeditious and inexpensive justice
Impartiality
Administration of justice
Direct other elements
- Not only deciding the cases
- Reforming police actions
- All elements of criminal Justice working properly
Proportionality
- In terms of the intensity of the crime
Capable of bearing the punishment
- Criminal should be able to bear the punishment
- Health, physical disability to be taken into account
Education role
- Should educate the society as well
- Great duty than police, pros, defence because need to be aware in a much more
holistic manner and understand in a much better way for

Problems
Delays in proceeding
 - Justice delayed justice denied
Lengthy proceedings
- Because problem in supply demand
- Benches less
- Cases a lot
Rigidity
- Resistance to change
- Want to preserve status quo
- Trained in rigid manner
Biasedness
- Politicization
- Appointments in this way

Lowest level - magistrate (1,2,3rd class)

District level - sessions court
Provincial level - HC
Federal level - SC
First 3: original jurisdiction, HC also has appellate jurisdiction
SC: Only appellate in criminal cases - can only appeal

Prisons or Corrections
Deterrence
- Courts have specific
- Police, law has general deterrence
- Prisons have a specific deterrence → prevent those from committing crime who have
already committed
Incapacitation
- Prevents people from committing crime again
- Looking at things from a deterministic perspective → cannot be rehabilitated, hence
incapacitate them
- Biological and innate thing that drives them to crime
- Incapacitation through
a. Keeping them in life
b. Cutting off of limbs
Retribution
- Does not solve the crime
- Another wrong does not right a wrong
- Should be focused on rehabilitation
- Backward looking
Rehabilitation
- Education, libraries
- Skills imparted
- Capacity building
 - Counselling therapy
- Character building
In Pakistan
- Skill building does happen
- But a lot of exploitation
- Female: stitching
- Male: mazdoori
- Low pay

Probkens
Overcrowding
Detention centres in prisons
- Should be provided with better env because not implicate yet
- Detainees may be influences by criminals already implicated
Mixed prisons
- Not in male or female
- But adults and minors:
- Minor a softer criminal and has a greater chance of rehab
- Given them an env which hardens them
- But this is changing now → some prisons have separated this eg faisalabad and
bahawalpur with 14 in total
Conditions
- Class A, B, C prisoners according to education level
- But done on the basis of influence → class divide
- Torture:
- Police to prisoner
- Prisoners to others
Selective provisions
- Prisoners give bribes
- Phone given tech given
- Food better given
- But security problems because now coordination between inside and outside
Prison-factory complex
- Exploitation of prison labour

Probation officer

Probation: instead of prison send on a separate program

Duties
Intake and investigate
- Register and record
- Investigation proper: what kind of crime etc
Confidential report
 - Criminal background completely recorded
- Look at the crime and see if it fits the conditions of probation (if too heinous then prison)
- Recommendation given to court : how long, when can meet fam, what things will be
violated and then sent to prison
Supervision and aftercare
- Supervision during the prob
- Aftercare after the prob → reintegration
Own security
- Working with a criminal so need to be cautious and guarded
Admin of diversionary programs
Works at a juvenile rehab centres
- Mostly

Problems in PK
- Non existent in PK
- Mostly police or jail officer which have given this extra resp
- New system introd under juvenile Justice system act 2017

Parole
Whether should be released earlier than sentence and then under the supervision of parole
officer to socialization in society
- Shows signs of improvement
- Crime not that heinous or evil
- Circumstantial crime
Regular report
- On the prisoners improvement
- Should not retract to previous behaviours

Facilitate parolee
- To get a job
- Socialization
- To get a new place if residence

Supervise

Problems
- Almost non existent
- When released on parole, then it's bonded labour eg servants for officers → facilitated
by parole officer

Juvenile delinquency
What is it
- Diff teatment
 - Considered as a diff category
- Crimes committed by juveniles
Why does JD exist
- Malnourishment
- Psych issues
- Improper socialization
- Absence of recreational activities eg parks
- Poverty
- Peer pressure
- Thrill seeking
How should be treated
- As a separate category
- Diff to adults eg in India
Why separate category
History if dev of JD Laws
1. Islamic law: when puberty age reached, a little earlier for women than men. But varies
person to person
2. Modern law: changed adulthood age. Previously linked to age of consent to marriage or
anywhere required which was around 10
3. Then increased 12 in 19thC
4. Early 20thC: 16
5. Today: 18 and for somethings: 21
Pakistan penal code 1861 (derived from british law)
- Cannot implicate less than 7 yrs sec 82
- Sec 83 7-12 can be given corporal punishment but no physical damage → parents only,
no stranger
- But banned in schools now → teachers can be sent to jail now
Punjab borstal act 1926
- Separate prisons and borstal institutions (JD)
- But not carried out everywhere
Child offender act
Juvenile Justice system ordinance 2000
- LC took up the court against that no need for a sep act to deal with JD because already
exists in a separate section Pakistan penal code
- 2016 struck down
Juvenile Justice system act 2017
- Passed
- Arrested juvie: guardians must be informed, prob officer should be told, Cannot detain in
thaana or prison but in observation homes
- Observation homes will be separated instt from prison and thank
- Legal assistance will be provided by the state w/i 24hrs
- Will not be handcuffed
- Unless try to escape
 - Cannot deny bail → will be released on a bail
- If more than 16, and heinous crime then will be
- Released to guardian
- Female: special provision. Cannot be in male interrogation. All female interrogation and
prob officer. Rehab centres separated
- Pub private partnership → NGOs to finance and run it for which govt will pay

Status offense
What is it
That activity which are doing because youre a juvie which is why it's a crime driving or running
away from home. It's an offense but not a crime.

How to deal
- As JD
- Crime
- Or separate category
How to treat
- Diversionary programs
When it may be treated of JD
- If disobeys court order
- When does not partake in diversionary programs
- Then may be put under probation
Programs to deal with it
1. Deinstitutionalization: outside the system. Treated by parents, grounded etc
2. Diversionary programs