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Essay / Judicial systems and citizen security - 1499
The judicial system includes entities that serve to prevent, detect, prosecute, judge and discipline criminal activities. Globally, justice systems aim to simultaneously ensure the security of citizens without infringing on citizens' rights. The due process model is a model that recognizes that the state must respect all of a person's legal rights when dispensing justice. The due process model challenges the criminal justice system as to whether there is a miscarriage of justice, as highlighted in the case of Regina (Rottman) v Metropolitan Police Commissioner. This case concerned whether the police violated section 8 of the Human Rights Act against the applicant, the police having exceeded their authority under the common law by carrying out a search and seizure without a warrant. In the case of Rottman v Metropolitan Police Commissioner, Mr. Michael Rottman (the plaintiff), a German businessman, was allegedly involved in fraudulent activities involving an East German electricity company. The plaintiff was accused of having access to stolen funds and has not resided in Germany since 1995. On December 27, 1996, a German court issued an arrest warrant for him. On September 13, 2000, German authorities requested the Metropolitan Police, via Interpol, to extradite Mr. Rottman to Germany. The applicant was resident in the south of England at the time of the extradition request. A provisional warrant of arrest was issued for him for alleged conspiracy to defraud on 22 September 2000 at the Bow Street Magistrates' Court under section 8(1) of the Extradition Act. 1989. Following police investigation and surveillance, Mr Rottman was located at Henley- on the River Thames on September 23, 2000...... middle of paper ......d the protection of society and the effective implementation of the justice system by the police. The justice system has proven effective since the plaintiff used the due process model and sought redress when he felt his rights had been violated by the authorities. The claimant received a fair trial before the House of Lords. The interpretation of the law, particularly PACE, in relation to the common law power granted to police officers leaves some ambiguity. The legislation was enacted in 1984 and may be subject to review or further amendments to further clarify its scope in relation to extradition and developments in cross-border criminal offenses such as cyberterrorism . I completely agree that the due process model is a fundamental principle of any criminal justice system for the safety of all individuals in a democratic society. .