A new book examined offender supervision in Europe. Offender supervision had developed rapidly in scale, distribution, and intensity in recent years. However, the emergence of mass supervision in the community had largely escaped the attention of legal scholars and social scientists, who had been more concerned with the mass incarceration reflected in prison growth.
Source: Fergus McNeill and Kristel Beyens (eds), Offender Supervision in Europe, Palgrave Macmillan
Links: Summary
Date: 2013-Dec
An article examined the treatment of restorative justice and, more particularly, victims' rights in the European Union Victims Directive. It said that the Directive had improved the rights of victims, but was focused on their protection from revictimization and repercussions as they engaged in restorative justice processes. The article discussed the principle of equal access in the context of the Directive.
Source: Katrien Lauwaert, 'Restorative justice in the 2012 EU Victims Directive: a right to quality service, but no right to equal access for victims of crime', Restorative Justice, Volume 1 Number 3
Links: Abstract
Date: 2013-Dec
A memorandum gave an overview of key issues and concerns about the independence of the European Court of Human Rights, in order to determine how the Court s independence could be further consolidated.
Source: Boriss Cilevics, Need to Reinforce the Independence of the European Court of Human Rights, Committee on Legal Affairs and Human Rights, Council of Europe
Links: Memorandum
Date: 2013-Nov
A report by a committee of MPs examined the government's proposed block opt-out of European Union criminal law and policing measures.
Source: The UK's Block Opt-Out of Pre-Lisbon Criminal Law and Policing Measures, Twenty-first Report (Session 2013–14), HC 683, House of Commons European Scrutiny Committee, TSO
Links: Report
Date: 2013-Nov
The government began consultation on the impact of the Charter of Fundamental Rights of the European Union and the European Union's broader framework of fundamental rights. The consultation formed part of the government's overall Balance of Competences Review and asked whether the Charter and broader framework had been advantageous or disadvantageous to individuals, business, the public sector or any other groups in the United Kingdom. The consultation would close on 13 January 2014.
Source: Call for Evidence on the Review of the Balance of Competences between the United Kingdom and the European Union: Fundamental rights, Ministry of Justice
Links: Consultation document | Overview | MOJ press release
Date: 2013-Oct
A report by a committee of MPs said that it had examined Protocol 36 to the Treaty of Lisbon and the list of measures to which the government would opt back in following its exercise of the opt out. The report highlighted areas of agreement and reservation and called for an early debate in the House.
Source: Ministry of Justice Measures in the JHA Block Opt-Out, Eighth Report (Session 2013-14), HC 605, House of Commons Justice Select Committee, TSO
Links: Report
Date: 2013-Oct
A report by a committee of peers said that it had examined Protocol 36 to the Treaty of Lisbon and the list of measures to which the government would opt back in following its exercise of the opt out. The report said that the list of opt in measures did not go far enough, and highlighted the possible substantive and reputational damage of not seeking to rejoin other measures. The report said that the government should seek to rejoin the 35 measures that had already been identified, but also seek to rejoin further measures across five areas.
Source: Follow-up Report on EU Police and Criminal Justice Measures: The UK s 2014 opt-out decision, Fifth Report (Session 2013-14), HL 69, House of Lords European Union Select Committee, TSO
Links: Report | Evidence | Guardian report
Date: 2013-Oct
A report said that the European Union and its member states were guilty of failing to tackle homophobic and transphobic hate crime. It highlighted gaps in the legislation of many countries where sexual orientation and gender identity were not explicitly included as grounds on which hate crimes could be prosecuted, along with the inadequacy of EU standards on hate crime for tackling homophobic and transphobic violence.
Source: Because of Who I Am: Homophobia, transphobia and hate crimes in Europe, Amnesty International UK
Links: Report | Amnesty press release | Womensgrid report
Date: 2013-Sep
A new book examined the changing nature of penal practice and practitioners in a range of developed countries. It focused mainly on penal practice in the community – probation, parole, offender supervision, and 'community corrections'.
Source: Ioan Durnescu and Fergus McNeill (eds), Understanding Penal Practice, Routledge
Links: Summary
Notes: Chapters included:
Aline Bauwens and Lol Burke, 'Redefining professionalism by seeking legitimacy in probation? A comparison between Belgium and England and Wales'
Joanna Shapland, Angela Sorsby, Gwen Robinson, Camilla Priede, Stephen Farrall, and Fergus McNeill, 'What quality means to probation staff in England in relation to one-to-one supervision'
Fergus McNeill, 'Changing lives, changing work: social work and criminal justice'
Jake Phillips, 'Understanding "the relationship" in English probation supervision'
Alison Leibling and Ben Crewe, 'Staff-prisoner relationships, moral performance and privatization'
Date: 2013-Sep
The coalition government confirmed that the United Kingdom would opt out of European Union policing and criminal justice measures adopted before the Lisbon Treaty came into force. It would seek to rejoin only those measures that helped the UK to co-operate with its European neighbours to combat cross-border crime. One of these was the European arrest warrant, subject to additional safeguards for those faced by extradition requests. The UK would also seek to rejoin the existing Europol directive and Eurojust, which helped to co-ordinate action to tackle serious cross-border crime: but it would not participate in the establishment of any European public prosecutor.
Source: Debate 9 July 2013, columns 177-193, House of Commons Hansard, TSO
Links: Hansard | Home Office press release | Guardian report
Date: 2013-Jul
A new book presented studies in comparative European criminology. Five chapters offered historical, theoretical, and policy-oriented overviews of European issues in crime and crime control. Seven chapters looked at different dimensions of crime in Europe, including crime trends, state crime, gender and crime, and urban safety. Fifteen chapters examined the variety of institutional responses, exploring issues such as policing, juvenile justice, punishment, 'green crime', and the role of the victim.
Source: Sophie Body-Gendrot, Mike Hough, Klara Kerezsi, Rene Levy, and Sonja Snacken (eds), The Routledge Handbook of European Criminology, Routledge
Links: Summary
Date: 2013-Jul
An article examined institutional arrangements for realizing democratically accountable policing in England and Wales, and in the Netherlands. Recent reforms in England and Wales were aimed at increasing local electoral influence over policing. By contrast, the Dutch system deliberately limited the degree of local electoral control. Both systems, in different ways, were at risk of over-emphasizing particular democratic criteria (such as electoral participation or delivery of service) to the exclusion of others (such as concerns with equitable and fair policing, and the protection of minority rights).
Source: Trevor David Jones and Ronald van Steden, 'Democratic police governance in comparative perspective: reflections from England & Wales and the Netherlands', Policing: An International Journal of Police Strategies & Management, Volume 36 Issue 3
Links: Abstract
Date: 2013-Jun
A paper examined judicial efficiency in 24 jurisdictions in developed (OECD) countries, including measures of trial length, accessibility of justice services, and the predictability of decisions. It identified scope for improving the functioning of justice systems through wider use of information technology, reductions in litigation, and lowering the rate of appeals.
Source: Giuliana Palumbo, Giulia Giupponi, Luca Nunziata, and Juan Mora-Sanguinetti, Economic Policy Paper 5, Judicial Performance and its Determinants: A cross-country perspective, Organisation for Economic Co-operation and Development
Links: Paper | OECD press release
Date: 2013-Jun
A new book examined penal policy in Europe, focusing on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.
Source: Tom Daems, Dirk van Zyl Smit, and Sonja Snacken (eds), European Penology?, Hart Publishing
Links: Summary
Date: 2013-May
A special issue of a journal examined urban security in Europe.
Source: European Journal of Criminology, Volume 10 Number 3
Links: Table of contents
Notes: Articles included:
Adam Edwards, Gordon Hughes, and Nicholas Lord, 'Urban security in Europe: translating a concept in public criminology'
Daniel Gilling, Gordon Hughes, Matthew Bowden, Adam Edwards, Alistair Henry, and John Topping, 'Powers, liabilities and expertise in community safety: comparative lessons for "urban security" from the United Kingdom and the Republic of Ireland'
Date: 2013-Apr
A new book examined how traditional municipal policing had evolved in European Union countries.
Source: Daniel Donnelly, Municipal Policing in the European Union: Comparative perspectives, Palgrave Macmillan
Links: Summary
Date: 2013-Mar
A special edition of a journal examined trends in European policy on criminal law.
Source: New Journal of European Criminal Law, Volume 3 Issue 3-4
Links: Abstracts
Date: 2013-Feb
A new book examined debates over human rights in the United Kingdom and Germany. It addressed human rights questions that arose in both jurisdictions in a similar way – such as the tension between liberty and security; and considered the impact of human rights on different areas of domestic law – in particular administrative law, criminal law, labour law, and private law generally.
Source: Katja Ziegler and Peter Huber, Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK, Hart Publishing
Links: Summary
Date: 2013-Feb
An article examined the challenges for the European Union as a policy actor in tackling organized crime.
Source: Felia Alluma and Monica Den Boer, 'United we stand? Conceptual diversity in the EU strategy against organized crime', Journal of European Economic Integration, Volume 35 Issue 2
Links: Abstract
Date: 2013-Feb
An article said that there were many similarities between the outbreaks of public disorder in Paris in 2005 and London in 2011. Economic disadvantage, and policies neglecting the margins, were very significant factors.
Source: Sophie Body-Gendrot, 'Urban violence in France and England: comparing Paris (2005) and London (2011)', Policing and Society, Volume 23 Issue 1
Links: Abstract
Date: 2013-Jan
A report presented the views and experiences of over 120 children and young people across Europe on violence in custody, and set out their suggestions for change.
Source: Speaking Freely: Children and young people in Europe talk about ending violence against children in custody, Children's Rights Alliance for England
Links: Report | CRAE press release
Date: 2013-Jan
An article examined the European Union Directive on preventing and combating trafficking in human beings and protecting its victims. The EU seemed to have adopted a victim-centric focus to combat this phenomenon – contrasted with its previous approach.
Source: Carolina Villacampa Estiarte, 'The European Directive on preventing and combating trafficking in human beings and the victim-centric treatment of this criminal phenomenon', European Criminal Law Review, Volume 2 Number 3
Links: Abstract
Date: 2013-Jan
An article examined mutual recognition in the European Union in criminal matters. It determined a legal definition of the principle in criminal matters and then a procedure for its implementation. It said that mutual recognition should be viewed both as a new legal principle and, in a broader sense, a new system of European criminal co-operation.
Source: Guillemine Taupiac-Nouvel, 'The principle of mutual recognition in criminal matters: a new model of judicial cooperation within the European Union', European Criminal Law Review, Volume 2 Number 3
Links: Abstract
Date: 2013-Jan
