criminal justice system & BD police

1. 1
Role of Police in
Criminal Justice System
of Bangladesh
Presented By :
Mahmud naser Jhony
Addl.SP/Bangladesh Police
B.P :8112147642

2. Aim
The aim of this presentation is to give you an
overview about the concept of criminal justice
system and the role played by Bangladesh Police
in the whole process of CJS.
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3. • Genesis of criminal justice system
• Criminal Justice System Defined
• How does criminal justice system work
• Law Enforcement
• Corrections
• Vision of Judiciary in Bangladesh
• Role of Police in CJS of Bangladesh
• Other/ Miscellaneous Roles
• Components of Criminal Justice System at Glance
• Role of Police at a Glance
• Crucial Factors/Conclusion
Presentation Outlines

4. Genesis of criminal justice system
 Crimes were regarded as private matter in ancient Rome
and Greece.
 In modern times, all crimes are considered as offences
against state.
 The subject of criminal justice is, however primarily
concerned with the dispensation of justice and the
enforcement of criminal laws.
 The purpose of criminal law is to provide the specific
definition of what constitutes a crime and to prescribe
punishments for committing such a crime.
 No criminal justice system can be effective unless it
includes both of these factors.
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5. Criminal Justice System Defined
• Criminal Justice System refers to the ‘Criminal
Justice Process’ which encompasses detection
of the crime, making of the complaint,
investigation, prosecution and trial and post trial
procedures, regardless of whether the case is
handled in a national, international or regional
criminal justice system for adults or juveniles, or
in a customary or informal system of justice.
• ‘Criminal Justice Process’ also encompasses
extradition, transfer of prisoners and mutual
legal assistance proceedings (UN Principles and
Guidelines on ALA in CJS).

6. How does the Criminal Justice System work.
• The criminal justice system is comprised of three major
institutions which process a case from inception, through
trial, to punishment.
• A case begins with law enforcement officials, who
investigate a crime and gather evidence to identify and
use the same against the suspected/accused
perpetrator.
• The case continues with the court system, which weighs
the evidence to determine if the defendant/accused is
guilty beyond reasonable doubts.
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7. How does the Criminal Justice System work.
• If the accused is convicted by the court through the process of
trial the corrections system will use the means at their disposal,
namely incarceration and probation, to punish and correct the
behavior of the offender.
• Throughout each stage of the process, constitutional
protections exist to ensure that the rights of the accused and
convicted are respected.
• The primary purpose of all of these protections is to ensure a
fair trial for the accused.
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8. Law Enforcement
• These protections balance the need of the criminal
justice system to investigate and prosecute criminals
with the fundamental rights of the accused (who are
presumed innocent until proved guilty according to law).
• There are a number of rights derived from the
Constitution that protect the accused from abuses and
overreaching from law enforcement officers.
• Anyone who is arrested or detained is entitled to legal
aid at all stages of the criminal justice process (Principle 3
of the UN ALA in CJS).
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9. Miranda Rights
• In 1966, the U.S. Supreme Court decided the historic
case of Miranda v. Arizona, declaring that whenever a
person is taken into police custody, before being
questioned he or she must be told of the Miranda Rights
not to make any self-incriminating statements.
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 Any person who is arrested and detained has the right to
consult and be defended by a legal practitioner of their choice
(Art. 33(1) – Const).
No individual shall be compelled to testify against him/herself
or to confess guilt (Art.35(4) of the Const).
Law Enforcement

10. Miranda Rights
• As a result of Miranda Rights, anyone in police
custody must be told four things before being
questioned:
• 1.You have the right to remain silent.
• 2.Anything you say can and will be used against
you in a court of law.
• 3.You have the right to an attorney/lawyer.
• 4.If you cannot afford an attorney/lawyer one will
be appointed for you by the State.
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11. Law Enforcement
• The other major restriction on the investigative
stage of a case is the prohibition on
unreasonable searches and seizures, which
prevents police officers from searching a
suspect or his home without a warrant.
• There are exceptions for extenuating
circumstances, such as when a police officer is
in "hot pursuit" of a suspect or where evidence
might be destroyed, such as when a suspected
drug dealer runs into a restroom. 11

12. Corrections
• If the defendant/accused is convicted and the charges
merit jail sentence, they will be sent to the corrections
system/jails for punishment.
• Typically, this involves incarceration, probation , or both.
Probation can be either supervised or unsupervised.
• Probation is a method of dealing with offenders,
especially young persons guilty of minor crimes or first
offenses, by allowing them to go at large under
supervision of a Probation Officer.
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13. Corrections
• Supervised probation requires the offender to
check in regularly with an officer to ensure
compliance with the terms of his probation.
• Unsupervised probation means that a person
only faces jail time or other punishment if they
run further afoul of the law.
• Incarceration is also a common outcome of
criminal trials, especially in more serious cases.
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14. Corrections
• The convict is housed in either jail or
prison.
• Jails are usually located in each county
and are for less serious offenses.
• Jail terms usually do not exceed one year.
• Prison terms are usually for longer than a
year and almost always involve serious
offenses.
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15. Vision of Judiciary in Bangladesh.
• Enhancing access to justice to all, especially the
poor, women, children and other disadvantaged
group of people and ensuring dispensation of
quality justice without delay.
• The leadership of Bangladesh Police is
interested to improving the timeliness and
quality of investigations and also to contribute to
better outcomes at trial and thereby reducing the
time spent in pre-trial process.

16. 16

17. Role of Police in CJS of Bangladesh
The aspects of justice that we are trying learn
about are-
 A police investigation can advance justice by
bringing evidence to trial.
 Reassure victims and their families.
 Limiting the duration of pretrial detention.
 Preventing delays in courts.
 A hasty conclusion to an investigation can
injure
justice by depriving victims and accused of

18. The criminal case management system in Bangladesh
comprises of the following 4 (Four) Phases:
Investigation phase-
 From the lodging of FIR i.e., recording of the case
in the police station to the submission of charge
sheet to the court;
 The investigation agency i.e. local police
investigator, Detective Branch or CID investigators
and the courts of Metropolitan/Judicial Magistrates
dealing with remand prayers of I.O.s/bail matters of
suspects, arrested by police etc. are involved in
this stage.
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Role of Police in CJS of Bangladesh

19. Investigation phase-
In this phase, the investigation officer collects
evidence, through interview techniques and/or
forensic physical evidence collection procedures
from crime scenes, processes those evidence and
relates them to suspects/perpetrators of crime, and
if prima facie allegation is proved against any
suspect(s), s/he (I.O) submits a formal charge-
sheet to the court.
Pre-trial phase-
 This phase begins from the date of receipt of the
charge-sheet in the court to make the case ready for
trial.

20. Pre-trial phase-
 In this phase, the court after receiving the charge-
sheet, fix a date for hearing and on completion of
the hearing on the date so fixed and in case of no
objection from any relevant quarters concerned, and
if all accused persons are present in the court, the
charge-sheet is considered to be accepted, and the
case is then sent to the trial file.
 On the contrary if there is any objection from the
complainant or any others against the charge-sheet,
the court has to resolve such naraji/objections
through further hearing from concerned parties,
before the case is sent to trial file.
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21.  After receipt of charge sheet by the court and if any
of the accused persons remain fugitive, a warrant of
arrest is normally issued from the court.
 The local police then execute the warrant and
produce the fugitive before the court.
 And on appearance of all the accused in the court,
the case will then be sent to the trial file.
 In the event the warrant of arrest remains
unexecuted a Non Execution Report (NER) is
submitted by the concerned Thana for issuing a
proclamation & attachment order by the court.
Pre-trial phase

22. Pre-trial phase-
 The local Thana will send the execution report
of P&A issued by the court and if the accused(s)
still remain at large, the court will take steps to
publish the names of accused person(s) in two
widely circulated news papers of the country.
 After elapse of one month’s time from the date of
such publication, the case will be sent to trial file.
 And then in absentia trial of the absconding
accused person(s) will begin, which may take 5-
6 months’ time.
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23. Trial phase-
 This phase begins with the reading out and framing
of formal charges against the accused person(s).
 Taking of depositions i,e, examination in chief by the
prosecution, cross examinations of witnesses by the
defense lawyers etc. and up to the pronouncement of
final verdict in the case are included in this phase.
 The trial phase is largely handled by the prosecutors
and Judges of the courts with the active support of
court police staff.
 The police has to produce witnesses before the court
by way of serving summons or by executing W/A
against them, (if any).

24. Post trial phase-
 This phase begins after the pronouncement of
verdict by the trial court.
 If any party to the case is aggrieved with the verdict
delivered by the trial court, they may file an appeal
before a higher a higher court up to the Appellate
Division of the Supreme Court of Bangladesh.
 After exhausting all appeal procedures comes the
Presidential mercy stage.
 After the conviction periods/ jail terms are over, the
criminal activities of released convicts from jails are
followed up by the police and serious criminals are
put into surveillance by police. 24

25. Other/ Miscellaneous Roles
• Police to inquire and report on suicide, unnatural
deaths etc in B.P. Form # 48 in the same manner as
an FIR in cognizable cases.
• Conducts various types of inquiries in C.R. cases as
per order of Judicial Magistrates.
• Submits Non-FIR prosecution reports in non-
cognizable cases for which a register in BP Form #
33 is kept in every P.S. for cases u/s 176 or 211 of
Penal Code, The Motor Vehicles Act or The
Municipals/ Railways Act etc. 25

26. Results of trial of cases from 2008-2010
Results of investigations cases from 2008-2010
Year Brought
Forward
from the
previous
Charge
sheet
Total
cases
Conviction Acquittal Cases
Disposal
in other
ways
Total
disposal
Cases under
trial at end of the
year
2008 338688 118045 456733 13678 43955 10807 68440 388293
2009 387796 117733 505529 15949 44886 13418 74253 431276
2010 426267 124671 550938 17056 52018 14720 83794 467144
Year Brought
Forward
from the
previous
Cases
received
in current
year
Total
cases
Charge
sheet
Final
report
Investigat
ion
withdraw
n
Total
disposal
Cases under
Investigation
at end of the
year
2008 25320 157496 182816 118045 39614 - 157659 25157
2009 25338 156042 181380 117733 37121 - 154854 26526
2010 27756 163079 190835 124671 36582 - 161253 29582

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Components of Criminal Justice System at Glance
• Criminal incident occurs
• Complaint Lodging
• Accused/ Suspect (Known/ Unknown)
• Witness (s)
• Investigators/Police Stations/DB/CID/ACC
• Experts (Doctors/CID Experts).
• Lawyers (Advocates/ PPs /Attorneys)
• Magistrate/ Judge/Justice/ Courts
• Prison Authority

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Role of Police at a Glance
• Prevents crime, maintains peace and order in the
society.
• Protects the fundamental rights guaranteed by the
Constitution to its citizens.
• Provides security to VVIP, VIP, Diplomats, KPIs.
• Represents the State in bringing offenders before
justice
• Collects Intelligence (Political and Criminal)
• Maintains Internal Security
• Traffic Laws enforcement & management

29. 29
Role of Police at a Glance
• Recording FIR (Cr PC 154)
• Visiting Place of Occurrence/Crime Scene.
• Recording of statement of Witness (161 Cr PC)
• Collecting Evidence (oral, documentary,
physical/forensic)
• Search and Seizure
• Arresting /Apprehension of suspects/accused
• Prepare Inquest/Surat Hal reports of dead bodies.
• Submits Police Report (Cr PC I73) to court.
• Assists in conducting prosecution in courts.

30. 30
Role of Police at a Glance
• Submits Final Report
a) FR as MF
b) FR as False
c) FRT
d) FR as Mistake of Law
• Naraji / Revival of investigation and further
investigation
• Submits Non-FIR prosecution report to court.
• Submits various enquiry reports to court in C.R.
cases.

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Crucial Factors/Conclusion
• Impartiality/Good Faith
• Neutrality/Professionalism
• Accountability/reward/punishment.