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Old Saturday, August 20, 2016
meherazad meherazad is offline
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CRIMINAL JUSTICE SYSTEM IN PAKISTAN
Pakistan is an islamic republic islam is the state religion, and the constitution requires that law be consistent with Islam.the country has an aera of 310,527 square miles abd population of 170 million.
The legal system of pakistan is derived from english common law and is based on the much amended 1973 constitution and Islamic law(sharia).the supreme court, provincial high courts and other courts have juridiction over criminal and civil issues.
CRIMINAL JUSTICE SYSTEM:
"A generic term for the procedure by which criminal conduct is investigared , arrests made, evidence gathered, charges brought, defenses raised, trials conducted, sentences rendered, and punishment carried out."
"criminal justiceis the system of practices amd institutions of Govermnents directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalities and rehabilitation efforts. Those accused of crime have protections against abuse of investigation and prosecution powers."
CRIMINAL JUSTICE:
Refers to the agencies of government charged with enforcin law, adjudicating crime, and correcting criminal conducts.the criminal justice system is essentially an instrument of social control: society considers some conducts dangerous and derstructive that it either strictly controls their occurrence or outlaws them outright. it is the job of the agencies of justice to prevent these behaviours by apprehending and punishing transgressors or deterring their future occurrence.Although society maintains other forms of social control, such as the family, school, and church, they are designed to deal with moral, not legal, misbehavior. it is only the criminal justice system in a legal system which has the power to control crime and punish criminals.
The main objectives of the criminal justice system can be categorized as follows:
To prevent occurance of crime.
Punish the transgressors and the criminals.
Rebabilitate the transgressors and the criminals.
Compensate the victims as far as possible.
Maintain law and order in society.
Deter the offenders from committing any criminal act in the future.


PROBATION
The probation of offenders oddinance 1960 was promulgated by thepresident of Pakistan to cater to the needs of first time offenders who can be rehabilitated under the supervision and proper guidance of the probation officer without being sent to prison.
In the words of Ahuja ram(1979), probation is the postponement of final judegment or sentence in a criminal case, giving the offender an opportunity to improve his or her conduct, often on conditions imposed by the court and under the 1 guidance and supervision of an officer of the court. Probation can be considered as a formative and flexible program for the first time offender because it overcomes rigidity of imprisonment.
PROBATION PROCEDURE:
The probation of offenders ordinance(1960), section 5 empowers judiciary/courts to place certain offenders on probation not more than 3 years who are eligible to release on probation.After release of offender on probation , the Reclamation and Probation (R&P) department in the province is to supervise, monitor and rehabilitate them in community.Probation and Parole officer plays the key role in the whole process of probation system from release of offenders to successful rehabilitation.
The courts empowered to release offenders on probation;
  1. High courts
  2. Session courts
  3. Judicial Magistrate 1st class
  4. Any other Magistrate especially empowered in this regard
SOCIAL INVESTIGATION REPORT(SIR):
After hearing the arguments of the prosecution and defence, if the the court feels the case fit for probation, then it orders the probation officers to submit (SIR) that includes the following information about offender:
  1. Character
  2. Antecedent
  3. Commission and nature of offence
  4. Home surrounding and other circumtances
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