Researchers examined the experience of magistrates from ethnic minority backgrounds. There had been 'genuine, beneficial change' in the experience of black and Asian magistrates: but they continued to be under-represented on some benches, and they tended not to progress at a rate equivalent to that of their white colleagues.
Source: Julie Vennard, Gwynn Davis, John Baldwin and Julia Pearce, Ethnic Minority Magistrates' Experience of the Role and of the Court Environment, Department for Constitutional Affairs (020 7210 8500)
Links: Report
Date: 2004-Dec
A report said that tougher sentencing by Scottish courts, and not the level of crime, had led to record prison numbers.
Source: Jacqueline Tombs, A Unique Punishment: Sentencing and the prison population in Scotland, Scottish Consortium on Crime & Criminal Justice (0131 669 4484)
Links: Report (pdf) | RCP press release
Date: 2004-Dec
The Scottish Executive announced new measures aimed at tackling Scotland's high re-offending rates, reducing crime and the fear of crime, and restoring public confidence in the criminal justice services. Plans for a single correctional service were dropped.
Source: Supporting Safer, Stronger Communities: Scotland's Criminal Justice Plan, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | SE press release | Community Care report
Date: 2004-Dec
The government launched a review of how children gave evidence in court proceedings.
Source: Press release 1 December 2004, Home Office (0870 000 1585)
Links: Home Office press release
Date: 2004-Dec
The Criminal Defence Service Bill was published, aimed at reforming the legal aid system. It introduced a new means test for criminal cases in Magistrates' Courts. The Legal Services Commission would take over responsibility for administering legal aid payments.
Source: Criminal Defence Service Bill, Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Text of Bill | Explanatory notes | DCA press release
Date: 2004-Dec
Research suggested that improving knowledge by the public about patterns of crime helped to improved confidence in the criminal justice system.
Source: Heather Salisbury, Public Attitudes to the Criminal Justice System: The impact of providing information to British Crime Survey respondents, Online Report 64/04, Home Office (web publication only)
Links: Report (pdf)
Date: 2004-Dec
The government responded to a report by a committee of MPs on the draft Criminal Defence Service Bill. In response to the concerns of the committee, the government outlined a new delivery model. A means test would be applied as soon as a legal aid application was made, based on a simple assessment of gross income, with a single deduction for average costs of living calculated on the individual circumstances of the applicant. There would be no system of contributions. The system would only apply in Magistrates' Courts.
Source: Government Response to the Constitutional Affairs Select Committee s Report on the Draft Criminal Defence Service Bill, Cm 6410, Department for Constitutional Affairs, TSO (0870 600 5522)
Links: Response (pdf) | MPs report
Date: 2004-Dec
From 18 December 2004, the maximum amount of money that could be automatically deducted from the benefits of fine defaulters increased from 2.80 to 5 a week.
Source: The Fines (Deductions from Income Support) (Amendment) Regulations 2004, Statutory Instrument 2004/2889, TSO (0870 600 5522)
Links: Text of Statutory Instrument | DCA press release
Date: 2004-Dec
A report looked at the experiences of 50 young witnesses, aged 7-17, giving evidence in criminal court proceedings - the majority giving evidence in sexual offence cases. Child witnesses often waited long periods before their cases came to trial, making their experience even more drawn-out and painful. The experience of giving evidence was often traumatic, leaving many children feeling distressed, upset and angry.
Source: Joyce Plotnikoff and Richard Woolfson, In Their Own Words: The experiences of 50 young witnesses in criminal proceedings, National Society for the Prevention of Cruelty to Children (0207 825 2500) and Victim Support
Links: Summary | NSPCC press release | Children Now report
Date: 2004-Dec
The government responded to a consultation exercise designed to encourage more witnesses to give evidence in court, including a proposal to introduce a greater element of compulsion (through the reintroduction of witness orders). The government announced it had decided not to extend compulsion, and would focus instead on efforts to enhance support for witnesses.
Source: Press release 26 November 2004, Home Office (0870 000 1585)
Links: Home Office press release
Date: 2004-Nov
An annual compendium was published of statistics relating to criminal proceedings in England and Wales, for the year 2003.
Source: Criminal Statistics England and Wales 2003, Cm 6361, Home Office, TSO (0870 600 5522)
Links: Report (pdf)
Date: 2004-Nov
An audit report said that criminal justice agencies needed to take swift action when defendants did not attend hearings and trials. Defendants who failed to turn up for their court hearings caused distress and inconvenience to victims and witnesses, delayed justice, and undermined public confidence in the criminal justice system.
Source: Facing Justice: Tackling defendants non-attendance at court, HC 1162 (Session 2003-04), National Audit Office (020 7798 7000)
Links: Report (pdf) | NAO press release
Date: 2004-Nov
Proposals were published to improve the quality and cost control of expert witnesses in publicly funded cases. The head of the Criminal Cases Review Commission reportedly called for a radical overhaul of the rules governing the use of expert testimony.
Source: The Use of Experts: Quality, price and procedures in publicly funded cases, Legal Services Commission (020 7759 0000) | The Guardian, 30 November 2004
Links: Consultation document (pdf) | Summary | LSC press release | Guardian report
Date: 2004-Nov
The government began consultation on the issue of broadcasting court proceedings in England and Wales. The paper discussed the implications of broadcasting for participants in court cases, and the issues this would raise for distinct groups such as witnesses, jurors, defendants, judges, lawyers and other parties.
Source: Broadcasting Courts, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document (pdf) | DCA press release | Guardian report
Date: 2004-Nov
The sixth Judicial Appointments Annual Report gave details of: proposals for a new Judicial Appointments Commission and Judicial Appointments and Conduct Ombudsman; the work of the Commission for Judicial Appointments; developments in judicial appointments processes; steps taken to encourage greater diversity within the judiciary; and developments in processes for selection for Queen's Counsel.
Source: Judicial Appointments Annual Report 2003-2004, Department for Constitutional Affairs (020 7210 8500)
Links: Report
Date: 2004-Oct
Government plans to reform the way judges were appointed were attacked as 'wrong-headed' by the official watchdog on judicial appointments. It said that the creation of an independent Judicial Appointments Commission (taking the selection of judges away from the Lord Chancellor) would 'remove a confidence-inspiring, independent guarantee of fairness, transparency and selection'.
Source: Annual Report 2004, Commission for Judicial Appointments (020 7217 4470)
Links: Report (pdf) | CJA press release (Word file) | Guardian report
Date: 2004-Oct
A new book examined the role and scope of definition within the criminal law, set within a wider examination of the nature of legal materials and the diversity of perspectives on law.
Source: Andrew Halpin, Definition in the Criminal Law, Hart Publishing (01865 245533)
Links: Summary
Date: 2004-Oct
The government began consultation on proposals aimed at increasing diversity among judges. Measures included formal career breaks, more flexible sitting arrangements, and a recruitment drive to urge women, minority ethnic, and disabled lawyers to apply to become judges.
Source: Increasing Diversity in the Judiciary, Department for Constitutional Affairs (020 7210 8500)
Links: Consultation document (pdf) | Summary (pdf) | DCA press release | Bar Council press release | Guardian report
Date: 2004-Oct
The opposition Liberal Democrat party proposed 'community justice panels' as an alternative to full court proceedings for low-level crime and anti-social behaviour cases. The panels would be staffed by 'trained community volunteers'.
Source: Press release 22 September 2004, Liberal Democrats (020 7222 7999)
Links: Crime Concern press release | Guardian report
Date: 2004-Sep
The government proposed new provisions under which anyone (not just a party to the proceedings) who caused a criminal case to collapse through serious misconduct could be obliged to pay the costs incurred.
Source: Press release 15 September 2004, Department for Constitutional Affairs (020 7210 8500)
Links: DCA press release
Date: 2004-Sep
A report examined the development and setting up of three restorative justice schemes. The schemes were found to have shown that restorative justice could work to aid key criminal justice decisions, or as part of a package of measures to support both victims and offenders. But all three schemes had needed to negotiate and operate within a framework of procedures, precautions and values developed for the existing system of criminal justice.
Source: Joanna Shapland et al., Implementing Restorative Justice Schemes (Crime Reduction Programme): A report on the first year, Online Report 32/04, Home Office (web publication only)
Links: Report (pdf)
Date: 2004-Jul
The selection procedure for appointing senior judges in England and Wales was so biased and outdated there should be an immediate bar on further appointments, according to the first independent audit of the system.
Source: Report of the Commissioners Review of the High Court 2003 Competition, Commission for Judicial Appointments (020 7217 4470)
Links: Report (Word file) | Guardian report
Date: 2004-Jul
Research on public views in Scotland found low public confidence in criminal justice, and that this was associated with a significant gap between public understanding and views and official responses to crime.
Source: Fiona Spencer, Engaging With The Public Interest In Criminal And Youth Justice, Scottish Council Foundation (0131 225 4709)
Links: Report (pdf) | Discussion paper (pdf)
Date: 2004-Jul
A report by a committee of MPs endorsed the underlying aim of the draft Criminal Defence Service Bill to control the rising cost of criminal legal aid. But it said the Bill carried risks of added delays in the criminal justice system, and costly human rights challenges from those who were denied aid.
Source: Draft Criminal Defence Service Bill, Fifth Report (Session 2003-04), HC 746-I, House of Commons Constitutional Affairs Select Committee, TSO (0870 600 5522)
Links: Report | Law Society press release | Citizens Advice press release | Guardian report
Date: 2004-Jul
A series of reports showed that individuals from black and minority ethnic communities continued to be stopped and searched more regularly than white people, were under-represented in the police service, and were more likely to be victims of crime. Muslim leaders said institutionalised racism in the police force appeared to be turning into 'institutionalised Islamophobia'.
Source: Statistics on Race and the Criminal Justice System - 2003, Home Office (020 7273 2084) | Ian Hearnden and Mike Hough, Race and the Criminal Justice System: An overview to the complete statistics 2002 2003, Criminal Justice System Race Unit/Home Office (020 7273 4097) | Heather Salisbury and Anna Upson, Ethnicity, Victimisation and Worry about Crime: Findings from the 2001/02 and 2002/03 British Crime Surveys, Research Findings 237, Home Office | Stop and Search Action Team: Strategy 2004/05, Home Office | Stop and Search Action Team: Interim guidance, Home Office | The Views of the Public on the Phased Implementation of Recording Police Stops, Development and Practice Report 22, Home Office | An Evaluation of the Phased Implementation of the Recording of Police Stops in Response to Recommendation 61 of the Stephen Lawrence Inquiry, Development and Practice Report 23, Home Office | Press release 2 July 2004, Muslim Council of Britain (020 8432 0585)
Links: Statistics 2003 report (pdf) | CJS overview report (pdf) | Findings 237 (pdf) | SSAT strategy (pdf) | SSAT guidance (pdf) | DP Report 22 (pdf) | DP Report 23 (pdf) | Home Office press release | MCB press release | Guardian report
Date: 2004-Jul
Research found that 63 per cent of respondents were confident about the way crime was being dealt with in the area where they lived, compared with 47 per cent who were similarly confident about the way crime was tackled across England and Wales generally. Confidence in the way crime was being dealt with, both in the local area and nationally, was highest for those aged 16 34 and lowest for those aged 55 or over.
Source: Ben Page, Rhonda Wake and Ashley Ames, Public Confidence in the Criminal Justice System, Research Findings 221, Home Office (020 7273 2084)
Links: Findings (pdf)
Date: 2004-Jun
A new book addressed the critical issues facing restorative justice policy - including the definition of restorative justice, the appropriate relationship between restorative justice and treatment, and the dangers as well as the promises of community involvement.
Source: Howard Zehr and Barb Toews (eds.), Critical Issues in Restorative Justice, Willan Publishing (01884 840337)
Links: Summary
Date: 2004-Jun
Research found that the use of special measures in the courts (under the Youth Justice and Criminal Evidence Act 1999) was encouraging more people to testify, and increasing confidence in the criminal justice system.
Source: Becky Hamlyn, Andrew Phelps, Jenny Turtle and Ghazala Sattar, Are Special Measures Working? Evidence from surveys of vulnerable and intimidated witnesses, Research Study 283, Home Office (020 7273 2084)
Links: Study (pdf) | Findings (pdf) | Home Office press release
Date: 2004-Jun
The Justice (Northern Ireland) Act 2004 received Royal assent. The Act provided for a Judicial Appointments Commission, charged with securing a judiciary in Northern Ireland that was as reflective of Northern Ireland society as could be achieved consistently with the requirement of appointment on merit.
Source: Justice (Northern Ireland) Act 2004, Northern Ireland Office, TSO (0870 600 5522)
Links: Text of Act | Explanatory notes
Date: 2004-May
An inspectorate report said that the Crown Prosecution Service had made real progress in the previous two years in its handling of cases arising from racist incidents. But in fifth of cases, charges still failed to reflect the racist element of the crime.
Source: A Follow Up Review of CPS Casework with a Minority Ethnic Dimension, HM Crown Prosecution Service Inspectorate (020 7210 1197)
Links: Report (pdf) | Summary (pdf) | CPSI press release (pdf) | CPS press release
Date: 2004-May
The Scottish Parliament approved legislation to reform the High Courts system in Scotland. The main provisions of the Criminal Procedure (Amendment) (Scotland) Bill included: introducing a mandatory preliminary hearing in the High Court to enable the judge to ensure that the parties were ready to go to trial; introducing fixed trial dates, so that victims and witnesses knew exactly when they would need to come to court; and giving the defence extra time to prepare for trial, by making the 110 days run to the preliminary hearing, with the trial date a maximum of 30 days thereafter.
Source: Criminal Procedure (Amendment) (Scotland) Bill, Scottish Executive, TSO (0870 606 5566)
Links: Text of Bill (pdf) | SE press release
Date: 2004-Apr
A report highlighted the need for better information sharing across the criminal justice system to help tackle racial discrimination. It was 'almost impossible' to track the way black and minority ethnic defendants were treated at various stages of the criminal justice process, because of problems in the way information was stored and shared by criminal justice agencies.
Source: May El Komy and Neena Samota, Barriers to Equality: Challenges in tracking black and minority ethnic people through the criminal justice system, National Association for the Care and Resettlement of Offenders (020 7582 6500)
Links: NACRO press release
Date: 2004-Apr
A report said that models of case management for community sentences should acknowledge offenders experiences and needs. Continuity of contact with the same case manager and other staff was essential to building confidence and rapport with the offender, particularly during the initial stages of supervision.
Source: Sarah Partridge, Examining Case Management Models for Community Sentences, Online Report 17/04, Home Office (web publication only)
Links: Report (pdf)
Date: 2004-Apr
A report said that women were failed by a criminal justice system that had been designed principally by men, and remained principally for men. It said that women victims, offenders and workers all received rough justice from a man-made system. An associated report said there was a 'glass ceiling' in operation right across the criminal justice system, excluding women from top jobs.
Source: Holly Dustin (ed.), Commission on Women and the Criminal Justice System: Final report, Fawcett Society (020 7253 2598) | Commission on Women and the Criminal Justice System: Interim report on women working in the criminal justice system, Fawcett Society
Links: Final report summary (pdf) | Interim report (pdf) | Guardian report
Date: 2004-Mar
The government announced a pilot restorative justice scheme. The pilot was designed to produce evidence on whether restorative justice processes could work as a diversion from prosecution in England and Wales, as an effective and efficient response to crime. It would take place in London and would encompass 400 cases, starting in July and running for just under two years. The government also published best practice guidance for restorative justice practitioners.
Source: Press release 25 March 2004, Home Office (0870 000 1585) | Best Practice Guidance for Restorative Practitioners, Home Office
Links: Guidance (pdf) | Home Office press release
Date: 2004-Mar
A report (the 'McInnes report') contained radical proposals on the reform of how the justice system in Scotland dealt with less serious offences. It recommended the creation of a single unified summary court, managed by the Scottish Court Service (instead of being split between local authorities and the Scottish Court Service); an all-professional judiciary consisting of Sheriffs and new Summary Sheriffs - both with identical sentencing powers in summary cases; and considerably enhanced sentencing powers to allow summary courts to impose sentences of one year imprisonment and a maximum 20,000 fine. The Scottish Executive described the recommendations as 'not uncontroversial' and began consultation.
Source: Summary Justice Review Committee, Report to Ministers, Scottish Executive (0131 556 8400) | Press release 16 March 2004, Scottish Executive
Links: Report | SE press release (1) | SE press release (2)
Date: 2004-Mar
Researchers reported on the interim evaluation of a pilot scheme for the use of penalty notices for low-level offences. It was found that police officers in the pilot areas were generally positive, though many were concerned that repeated notices were being issued to the same recipient. (Penalty notices were piloted from August 2002 for 11 disorder offences, for those aged 18 and over, in four police force areas.)
Source: Keith Spicer and Peter Kilsby, Penalty Notices for Disorder: Early results from the pilot, Research Findings 232, Home Office (020 7273 2084)
Links: Findings (pdf)
Date: 2004-Mar
A new book examined restorative justice programmes around the world, including nascent schemes in the United Kingdom, and recommended ways in which restorative elements could best be integrated into the criminal justice system in England and Wales.
Source: Shari Tickell and Kate Akester, Restorative Justice: The way ahead, JUSTICE (020 7329 5100) and Rethinking Crime & Punishment
Links: RCP press release
Date: 2004-Mar
A research report said that, despite the introduction in Scotland of increased sentences for offences committed on bail, the level of bail offending had not reduced.
Source: Kevin Brown, Fiona Leverick and Peter Duff, Offending On Bail: Analysis of the use and the impact of aggravated sentences for bail offenders, Scottish Executive, TSO (0870 606 5566)
Links: Report | SE press release (1) | SE press release (2)
Date: 2004-Mar
The government published proposals for reforming the coroner system. Oversight of all deaths would be based around full-time independent coroners with legal qualifications, closely supported by appropriate medical expertise. The death certification process would be tightened up by increasing medical scrutiny in the system.
Source: Reforming the Coroner and Death Certification Service: Position paper, Cm 6159, Home Office, TSO (0870 600 5522)
Links: Report (pdf) | Home Office press release
Date: 2004-Mar
The government published (following consultation) regulations setting out the framework for 42 community-focused Courts Boards in England and Wales. The Boards were designed to ensure that local people had a say in how their courts were run. Each Board would consist of seven members - one judge, two magistrates, two people with knowledge or experience of how the courts operated in their area (e.g. lawyers, victim support and citizens' advice) and two people who were representative of their local Courts Board area.
Source: Courts Boards: Constitution and Procedures - Response paper, Department for Constitutional Affairs (020 7210 8500) | Press release 2 February 2004, Department for Constitutional Affairs (020 7210 8500)
Links: Report | DCA press release | Consultation paper
Date: 2004-Feb
A report evaluated a pilot scheme to withdraw benefits from offenders found by the courts to be in breach of their community sentences. It was estimated that the policy led to a small increase (1.8 per cent) in compliance among those on the relevant benefits. The government announced that the pilot would be extended for a further year.
Source: Tim Knight et al., Evaluation of the Community Sentences and Withdrawal of Benefits Pilots, Research Report 198, Department for Work and Pensions (0113 399 4040) | Press release 5 February 2004, Department for Work and Pensions (020 7712 2171)
Links: Report (pdf links) | DWP press release (1) | DWP press release (2)
Date: 2004-Feb
A report highlighted the trauma experienced by child witnesses and the impact that could have on court outcomes in Scotland. It called on the Scottish Parliament to amend the Vulnerable Witnesses (Scotland) Bill to do more to protect children in such cases.
Source: Respecting Child Witnesses and Delivering Justice It can be done!, Justice for Children c/o CHILDREN 1ST (0131 446 2300)
Links: CHILDREN 1ST press release
Date: 2004-Feb
A new book provided a comprehensive analysis of the philosophy and theory of restorative justice .
Source: Charles Barton, Restorative Justice: The empowerment model, Willan Publishing (01884 840337)
Links: Summary
Date: 2004-Feb
A report by a committee of MSPs welcomed measures to reduce delays in the criminal justice system in Scotland, subject to the provision of adequate resources to make the reforms work.
Source: Stage 1 Report on the Criminal Procedure (Amendment) (Scotland) Bill, 2nd Report 2004, SP Paper 95, Scottish Parliament Justice 1 Committee, TSO (0870 606 5566)
Date: 2004-Feb
The government launched seven fines enforcement pilot projects, each designed to test a different aspect of a new fines enforcement regime. The pilots would be evaluated after six months. The government also announced that fewer fines would be 'written off' for administrative reasons, and more defaulters would be pursued rigorously.
Source: Press release 20 February 2004, Department for Constitutional Affairs (020 7210 8500)
Links: DCA press release
Date: 2004-Feb
The government announced a series of measures which it said were aimed at 'focusing criminal legal aid on more serious offences'. It said the measures were designed to preserve legal aid funds in order to ensure that those in need received legal aid. Advocacy assistance would be abolished for early hearings in magistrates' courts, with help restricted to more serious cases. The scope of the court duty solicitor scheme would be restricted to those in custody or to those charged with an imprisonable offence. Post-charge advice and assistance would be abolished. Campaigners attacked the cuts, saying that reducing access to advice and representation could significantly undermine the quality of justice.
Source: House of Commons Hansard, Written Ministerial Statement 2 February 2004, column 26WS, TSO (0870 600 5522) | Press release 2 February 2004, Department for Constitutional Affairs (020 7210 8500) | Press release 2 February 2004, Legal Action Group (020 7833 2931)
Links: Hansard | DCA press release | LAG press release
Date: 2004-Feb
The government proposed 'radical reforms' to correctional services, designed to cut re-offending rates and increase rehabilitation. A new body (the National Offender Management Service) would bring together the prison and probation services and provide 'end-to-end' management of all offenders, whether they were serving sentences in prison, the community or both. The proposals were based on recommendations made in an independent review of correctional services conducted by Patrick Carter. The government said that restorative justice where offenders compensated the community for their crimes would be a 'key plank' of the new system.
Source: Reducing Crime, Changing Lives: The government s plans for transforming the management of offenders, Home Office (0870 000 1585) | Patrick Carter, Managing Offenders, Reducing Crime: A new approach, Home Office | House of Commons Hansard, Debate 6 January 2004, columns 170-189, TSO (0870 600 5522) | Press release 28 January 2004, Home Office
Links: Report (pdf) | Carter report (pdf) | Hansard | Home Office press release (1) | Home Office press release (2) | Howard League press release | Guardian report
Date: 2004-Jan
Three-quarters (77 per cent) of people were found to be 'very or fairly confident' that the criminal justice system respected the rights of people accused of committing a crime and treated them fairly. In other respects, overall confidence in the system was not generally high, and on most measures confidence in the criminal justice system was lower in 2002-03 than it had been in the previous year. Around a half (48 per cent) of people believed that the police did a good or excellent job. Around a quarter of people thought that a good or excellent job was done by prisons, magistrates, the crown prosecution service, judges and probation services. A higher proportion of people from minority ethnic groups, compared with white people, were confident in most aspects of the criminal justice system.
Source: Sian Nicholas and Alison Walker (eds.), Crime in England and Wales 2002/2003: Supplementary volume 2 - Crime, disorder and the criminal justice system - public attitudes and perceptions, Statistical Bulletin 02/04, Home Office (020 7273 2084)
Links: Bulletin (pdf)
Date: 2004-Jan
A study examined jurors' experiences of different aspects of the jury system, including: the selection process; the willingness of those selected to participate in jury service; perceptions of court personnel; jurors views and attitudes towards the media; and the quality and quantity of information that jurors received. Jurors were confused by such legal concepts as 'beyond reasonable doubt', and were unsure about how to ask the judge a question, or whether they were allowed to take notes. Fewer than half understood everything that went on in the courtroom.
Source: Roger Matthews, Lynn Hancock and Daniel Briggs, Jurors Perceptions, Understanding, Confidence and Satisfaction in the Jury System: A study in six courts, Online Report 05/04, Home Office (web publication only)
Links: Report (pdf) | Findings (pdf) | Guardian report
Date: 2004-Jan