The impacts of judicial officers' actions in realization of a fair trial in the light of organizational culture(Comparative study of Iran and UK)

Organizational culture refers to a pattern of basic assumptions and a set of values, beliefs, understanding and inference, a way of thinking that guides the members of a group. The present article seeks to examine the organizational culture of judicial officers and its role in fair criminal proceedings, focusing on the rights of the individuals accused in the preliminary investigation phase in Iranian and British law.

The present research is conducted using descriptive-analytical method.

The police in the UK legal system has historical, theoretical-criminological and pragmatic foundations using the approach of criminal population management and has major authority and mandate with regard to quitting criminal proceedings or preventing perpetrators from entering the criminal justice system. This mandate is referred to as out-of-court police responses or alternative solutions. Due to the lack of a suitable platform for police judicial intervention or a coherent organizational culture in the Iranian law, the officers' actions are not as effective as they are expected to be, there is no possibility of delegating judicial authority to them, similar to the UK. The organizational culture of bailiffs in Iranian law has been formed in the light of the policing-security approach, while in the UK there is a fair protection-oriented approach on police actions in relation with judicial issues. The governing organizational culture could be transformed into an effective and productive culture through recruiting competent people, proper training, continuous supervision and encouraging or threatening reactions. On the other hand, strengthening the organizational culture will delegate active judicial role to the bailiff and will lead to effective cooperation in the criminal system.