An article offered a critique of the recent commentary regarding the involvement of penal voluntary organizations in criminal justice, suggesting an alternative model that extended beyond that of neoliberalism and marketization.
Source: Philippa Tomczak, 'The penal voluntary sector in England and Wales: beyond neoliberalism?', Criminology and Criminal Justice, Volume 14 Number 4
Links: Abstract
Date: 2014-Sep
The government responded to a report by a joint committee of MPs and peers on the Criminal Justice and Courts Bill, in particular on the aspects of the Bill that related to increased sentences for terrorism offences, electronic monitoring following release on licence, extreme pornography, young offenders, a criminal courts charge, and contempt of court.
Source: Government Response to the Fourteenth Report of the Joint Committee on Human Rights, Session 2013/14: Criminal Justice and Courts Bill, Cm 8928, Ministry of Justice, TSO
Date: 2014-Sep
A paper discussed the apparent limit of defendants' 'effective participation' at Crown Court, drawing on a study that examined the experiences and levels of understanding of victims, witnesses, and defendants of court cases.
Source: Amy Kirby, Jessica Jacobson, and Gillian Hunter, Effective Participation or Passive Acceptance: How can defendants participate more effectively in the court process?, Working Paper 9/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
A paper examined the notion (from Wolff) that punishment was a response to social violations and acted as a communicative mechanism to both offender and victim, restoring status. The paper argued that Wolff's position was supported in some cases, but that: punishment alone was not sufficient for restoring the status of the victim; re-balancing of status should occur also between the offender and wider society (accepting a social role in re-inclusion); and that this was best achieved via a process of desistance.
Source: John Deering and Steven Smith, Revising Wolff's Support for Retribution as a Justification for Punishment: Desistance, rehabilitation and restoring the status of victim and offender, Working Paper 1/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
A paper examined problem-solving courts and the central guiding principle of 'therapeutic jurisprudence', and considered the implications for the delivery of justice.
Source: Jenni Ward, Are Problem-Solving Courts the Way Forward for Justice?, Working Paper 2/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
A paper examined the representativeness of lay magistrates in England and Wales, arguing that they were, in some ways, now less diverse than they were at the turn of the century, being older, less representative of the Black and minority-ethnic population, and possibly more middle class.
Source: Penelope Gibbs and Amy Kirby, Judged by Peers? The diversity of lay magistrates in England and Wales, Working Paper 6/2014, Howard League for Penal Reform
Links: Paper
Date: 2014-Aug
A new book examined the impact of the creation and development of court specialisation and problem-solving justice in policy areas such as domestic violence, drugs, community, and mental health.
Source: Jane Donoghue, Transforming Criminal Justice? Problem-solving and court specialisation, Routledge
Links: Summary
Date: 2014-Jun
The Criminal Justice and Courts Bill was given a third reading. The Bill was designed to make a range of provisions regarding sentencing, youth justice, and the courts, including: restriction of the frequency and circumstances of the use of adult cautions; provisions regarding early release; tracking offenders while on licence; recovery of costs in criminal cases; the creation of secure colleges for young offenders; requiring the presence of an appropriate adult when giving a caution or conditional caution to 17 year olds; continuation of a breached or superseded referral order to allow the restorative justice element to be completed; removal of the requirement for some offences to be heard by magistrates in open court; the extension of provisions for some cases to 'leapfrog' the Court of Appeal (directly to the Supreme Court); provisions to change the requirement for relief, and the provisions for costs and cost capping, in judicial review cases; drugs testing of prisoners; and offences of sending letters with intent to cause distress and anxiety.
Source: Criminal Justice and Courts Bill, Ministry of Justice, TSO | Debate 17 June 2014, columns 962-1083, House of Commons Hansard, TSO
Links: Bill | Explanatory notes | Hansard
Date: 2014-Jun
A report by a committee of MPs said that there was a range of issues within the criminal justice system of England and Wales that needed to be addressed, including late cancellation of trials, and the quality of information in case files. The report said that the Home Office, Ministry of Justice, and Crown Prosecution Service were finding it difficult to achieve improvements in collaboration and efficiency between the organizations at a local level, or to improve the use of new technology for sharing information. The report made a range of recommendations.
Source: The Criminal Justice System, Fifty-ninth Report (Session 2013–14), HC 1115, House of Commons Public Accounts Select Committee, TSO
Links: Report
Date: 2014-May
A report provided the findings from an independent review of criminal advocacy in England and Wales. It said that the landscape for advocacy had changed over recent years, and that there had been a notable increase in the number of solicitor advocates in court. The report discussed a wide range of connected issues, including the changing landscape for legal aid work, and made recommendations.
Source: Bill Jeffrey, Independent Criminal Advocacy in England and Wales, Ministry of Justice
Links: Report | Annexes | Analytical narrative | MOJ press release
Date: 2014-May
A report examined the similarities between the criminal justice system and the social care sector with regards to personalization. The report described how greater 'personalization' in criminal justice might look, with offenders and their supervisors working together, and the need to focus on relationships, communities, and offender responsibility.
Source: Chris Fox, Alex Fox, and Caroline Marsh, Personalisation in the Criminal Justice System: What is the potential?, Criminal Justice Alliance
Links: Report
Date: 2014-Apr
The Anti-social Behaviour, Crime and Policing Act 2014 was given Royal assent. The Act provided for measures (mostly related to England and Wales) to tackle anti-social behaviour, forced marriage, dangerous dogs, and illegal firearms, as well as to make provisions regarding court and tribunal fees, and remove the defence of marital coercion.
Source: Anti-social Behaviour, Crime and Policing Act 2014, Home Office, TSO
Links: Act | Explanatory notes
Date: 2014-Mar
An article examined the victim personal statement (VPS) policy in England and Wales, to evaluate what factors influenced whether victims were informed of the VPS, and what influenced victims' decisions to provide one.
Source: Jeanna Mastrocinque, 'Victim personal statements: an analysis of notification and utilization', Criminology and Criminal Justice, Volume 14 Number 2
Links: Abstract
Date: 2014-Mar
An article examined public understanding of identification procedures in the United Kingdom criminal justice system. It said there was a general lack of understanding about procedure and process, and the research highlighted a number of misconceptions about the consequences of positively identifying an alleged offender.
Source: Gary Dalton, Julie Gawrylowicz, Amina Memon, Rebecca Milne, Ruth Horry, and Daniel Wright, 'Public perceptions of identification procedures in the United Kingdom', Policing, Volume 8 Number 1
Links: Abstract
Date: 2014-Mar
A report provided the findings from a review of ways to reduce the distress of victims in trials of sexual violence. The report made recommendations about the conduct of trials, the treatment of victims, and provisions regarding jurors. The government said that the report would shape key initiatives in the next phase of criminal justice reform.
Source: Report on Review of Ways to Reduce Distress of Victims in Trials of Sexual Violence, Ministry of Justice
Links: Report
Date: 2014-Mar
A Scottish government report outlined the results of a consultation on merging the Scottish Tribunals and the Scottish Court Service to create a joint administration. The report said that there had been support for a merger, on the provision that the specialism of tribunals was protected. Legislation would therefore be brought forward.
Source: Scottish Government Consultation Report on the Proposed Merging of the Scottish Tribunals Service and the Scottish Court Service, Scottish Government
Date: 2014-Mar
An article examined whether the imposition of a mandatory life sentence for murder was in the best interests of justice, or whether homicide law would be better served by a discretionary sentencing system. It drew on interviews with 29 members of the English criminal justice system. It concluded that a discretionary sentencing framework was required to respond adequately to the many contexts within which the crime of murder was committed.
Source: Kate Fitz-Gibbon, 'The mandatory life sentence for murder: an argument for judicial discretion in England', Criminology and Criminal Justice, Volume 13 Number 5
Links: Abstract
Date: 2014-Feb
An article examined the developing system of judicial criminal case management in England and Wales, focusing on the effect on defence obligations. It discussed the extent to which accuracy of outcome, efficiency, and protection of fair trial rights were compatible objectives.
Source: Jenny McEwan, 'Truth, efficiency, and cooperation in modern criminal justice', Current Legal Problems, Volume 66 Issue 1
Links: Abstract
Date: 2014-Feb
The Criminal Justice and Courts Bill was published. The Bill was designed to make a range of provisions regarding sentencing, youth justice, and the courts, including: restriction of the frequency and circumstances of the use of adult cautions; provisions regarding early release; tracking offenders while on licence; recovery of costs in criminal cases; the creation of secure colleges for young offenders; requiring the presence of an appropriate adult when giving a caution or conditional caution to 17 year olds; continuation of a breached or superseded referral order to allow the restorative justice element to be completed; removal of the requirement for some offences to be heard by magistrates in open court; the extension of provisions for some cases to 'leapfrog' the Court of Appeal (directly to the Supreme Court); and provisions to change the requirement for relief, and the provisions for costs and cost capping, in judicial review cases.
Source: Criminal Justice and Courts Bill, Ministry of Justice, TSO
Links: Bill | Explanatory notes | Fact sheets | Memoranda | MOJ press release
Date: 2014-Feb
A think-tank report examined the criminal justice system in England and Wales and called for measures to speed up operations by locating magistrates in 'police courts', held in police stations or community buildings, to hear cases, review sentences, and oversee or administer out of court disposals. The report called for an additional 10,000 new magistrates, with greater diversity and a fixed tenure of 10 years. It suggested longer court sitting hours to include evenings and weekends, and for 'problem solving' magistrates and judges to be trained to specialize in drug and alcohol addiction cases. It outlined ideas for the creation of new 'justice hubs', where larger magistrates' and Crown courts could be co-located with criminal justice agencies, civil courts, and tribunals, as well as custody facilities.
Source: Max Chambers, Charlotte McLeod, and Ruth Davis, Future Courts: A new vision for summary justice, Policy Exchange
Links: Report | Policy Exchange press release | Magistrates' Association press release | BBC report | Guardian report | Telegraph report
Date: 2014-Feb
An inspectorate report in Northern Ireland said that progress had been made to reform forensic services since the previous inspection, but that many aspects still required improvement. The report identified problems that had inhibited the work, some of which were not wholly within the gift of the service to resolve. The report made recommendations.
Source: Forensic Science Northern Ireland, Criminal Justice Inspection Northern Ireland
Links: Report | CJINI press release
Date: 2014-Feb
A report examined diversity in the magistracy in England and Wales and the role recruitment played in facilitating diversity. It said that, despite reform of the recruitment process, the progress towards greater diversity had been slow, with parts of the population underrepresented. It said that the government should now work to increase diversity.
Source: Penelope Gibbs, Magistrates: Representatives of the people?, Transform Justice
Links: Report | Guardian report
Date: 2014-Feb
A report examined the performance of Police and Crime Panels (PCPs) during their first year. PCPs were introduced in England and Wales in 2012, made up of local elected councillors and independent members with the responsibility to scrutinize and support the work of the Police and Crime Commissioner (PCC). The report noted the key importance of the relationship between the PCP, the PCC, and the PCC's office, and said that, where the relationship fell short, it was often as a result of misunderstandings about the panel's role. Resourcing was found to be a constraint for the more ambitious panels. The report included recommendations for the Home Office to clarify roles, to improve partnership working, to increase panels' proactivity, and to improve public engagement.
Source: Police and Crime Panels: The first year, Centre for Public Scrutiny
Links: Report | CPS press release
Date: 2014-Feb
An article examined the concept of justice reinvestment, proposed by United Kingdom policy-makers and campaign groups as a means to address budgetary pressures by delivering efficiency gains. It examined evidence from justice reinvestment experiments such as the Payment by Results (PbR) pilots in England and Wales, in the context of a wider application of PbR commissioning within the criminal justice system.
Source: Kevin Wong, Chris Fox, and Kevin Albertson, 'Justice reinvestment in an age of austerity : developments in the United Kingdom', Victims & Offenders: An International Journal of Evidence-based Research, Policy, and Practice, Volume 9 Number 1
Links: Abstract
Date: 2014-Jan
A report examined how the Legal Aid Agency calculated its projected future criminal legal aid expenditure, and considered an alternative approach based on assumptions of future trends in crime and the criminal justice system. It said that, based on the alternative method and the recent trajectory of crime levels, criminal legal aid expenditure could be £84 million lower in 2018/19 than had been previously forecast. It noted the possible implications for planned reductions in the future spend.
Source: Forecasting Criminal Legal Aid Expenditure, Oxford Economics
Links: Report | Law Society press release | Guardian report
Date: 2014-Jan
The inspectorates of probation, the police service, the Crown Prosecution Service, and social care said that the needs of many people with learning disabilities were not recognized when they were arrested by police, went to court, or were sentenced. The report said that: the screening at arrest stage was not effective; a lack of knowledge and training meant that needs went unmet; offenders with learning disabilities often did not receive the support they required to reduce their risk of harm to others or their likelihood of reoffending; pre-sentence reports were not always based on appropriate assessment of risks and needs; and the Crown Prosecution Service was often not made aware of the offender's learning disability. The report made recommendations across the criminal justice system and health services.
Source: A Joint Inspection of the Treatment of Offenders with Learning Disabilities Within the Criminal Justice System: Phase 1 from arrest to sentence, HM Inspectorate of Probation/HM Inspectorate of Constabulary/HM Crown Prosecution Inspectorate/Care Quality Commission
Links: Report | HMIC press release | RCN press release
Date: 2014-Jan