An article examined the range of socio-structural conditions in contemporary society that had halted the spread of restorative justice policies and prevented them from realizing their transformative potential as an alternative system of justice.
Source: Anne-Marie McAlinden, '"Transforming justice": challenges for restorative justice in an era of punishment-based corrections', Contemporary Justice Review, Volume 14 Issue 4
Links: Abstract
Date: 2011-Dec
A report said that, in the light of advances in neuroscience, the age of criminal responsibility – 10 in England, Wales, and Northern Ireland – might be too low. Important changes in the brain's neural circuits went on well into a person's teens.
Source: Neuroscience and the Law, Royal Society
Links: Report | Royal Society press release | Justice Gap press release | BBC report | Guardian report
Date: 2011-Dec
An article examined the challenges likely to arise in developing payment-by-results models and 'social impact bonds' in the criminal justice system of England and Wales. These included the uncertainty arising from defining outcomes, estimating the potential impact of interventions, measuring and attributing change, valuing benefits, demonstrating a fiscal return, and getting interventions to scale.
Source: Chris Fox and Kevin Albertson, 'Payment by results and social impact bonds in the criminal justice sector: new challenges for the concept of evidence-based policy?', Criminology and Criminal Justice, Volume 11 Number 5
Links: Abstract
Date: 2011-Nov
An independent review of criminal law in Scotland recommended: a right to legal advice on being taken into custody; a limit on the period of arrest before charge to 12 hours; particular protection and rights for children and vulnerable adults; greater powers for police to conduct structured investigations; less restrictive rules around evidence and a removal of the need for corroboration; and adjustments to the relationship between the Scottish Criminal Cases Review Commission and the High Court.
Source: The Carloway Review: Report and Recommendations, Scottish Government
Links: Report | Summary | Review press release | Scottish Government press release | JUSTICE press release | Rape Crisis Scotland press release | BBC report
Date: 2011-Nov
A think-tank report examined successful demonstration projects in the United Kingdom and the United States of America that were attempting to reduce crime, drug use, and imprisonment.
Source: Aubrey Fox and Gavin Lockhart, From the Ground Up: Promising criminal justice projects in the US and the UK, Policy Exchange
Links: Report
Date: 2011-Nov
An article examined key problems for the law in its dealings with those with severe personality disorder. It called for a cautionary adherence to issues of legal principle in preference to the alternatives: namely, the seductive attractions of therapeutic intervention, or the destructive effects of indeterminate containment.
Source: Jill Peay, 'Personality disorder and the law: some awkward questions', Philosophy, Psychiatry, & Psychology, Volume 18 Issue 3
Links: Abstract
Date: 2011-Nov
A report highlighted the value of arts projects in the reduction of reoffending rates.
Source: Hanna Johnson, Sarah Keen, and David Pritchard, Unlocking Value: The economic benefit of the arts in criminal justice, New Philanthropy Capital
Links: Report | Summary | NPC press release
Date: 2011-Oct
An audit report said that inefficiency in Scotland's criminal justice system caused delays for everyone involved, including victims and witnesses, and had cost at least £10 million in 2009-10.
Source: An Overview of Scotland's Criminal Justice System, Audit Scotland
Links: Report | Audit Scotland press release | Scottish Government press release | BBC report
Date: 2011-Sep
The coalition government announced that broadcasters would be allowed to film in courts for the first time. Broadcasting would initially be from the Court of Appeal, and consideration would be given to extending this to crown courts at a later date. Filming would be limited to judges' summary remarks – victims, witnesses, offenders, and jurors would not be filmed.
Source: Written Ministerial Statement 6 September 2011, columns 16-18WS, House of Commons Hansard, TSO
Links: Hansard | MOJ press release | Labour Party press release | Victim Support press release | BBC report | Guardian report
Date: 2011-Sep
An article examined the practical application of theories of personalization and co-production to stakeholder involvement in criminal justice services. The strength of the personalization agenda rested in its potential to develop and strengthen the collective organization of service users, service providers, and communities in a co-productive endeavour.
Source: Beth Weaver, 'Co-producing community justice: the transformative potential of personalisation for penal sanctions', British Journal of Social Work, Volume 41 Number 6
Links: Abstract
Date: 2011-Sep
A review group report said that the existing system whereby the United Kingdom Supreme Court acted as a court of appeal within the criminal justice system was constitutionally problematic, and affected the historical independence of Scots law. The role of the UK Supreme Court needed to be more narrowly defined in relation to Scottish criminal cases.
Source: John McCluskey, Gerald Gordon, Charles Stoddart, and Neil Walker, Examination of the Relationship Between the High Court of Justiciary and the Supreme Court in Criminal Cases: Final Report of Review Group, Scottish Government
Links: Report | Scottish Government press release | BBC report
Date: 2011-Sep
A new book examined the relationship between sentencing and the legitimacy of punishment. It said that there was an increasing gap between what was perceived as legitimate punishment and the sentencing decisions of the criminal courts. It considered how sentencing could be developed within a more socially inclusive framework for the delivery of trial justice.
Source: Ralph Henham, Sentencing and the Legitimacy of Trial Justice, Routledge
Links: Summary
Date: 2011-Aug
An article outlined the 'conceptual roadmap' for a comparative analysis of trust in the criminal justice system in European countries.
Source: Jonathan Jackson, Ben Bradford, Mike Hough, Jouni Kuha, Sally Stares, Sally Widdop, Rory Fitzgerald, Maria Yordanova, and Todor Galev, 'Developing European indicators of trust in justice', European Journal of Criminology, Volume 8 Number 4
Links: Abstract
Date: 2011-Jul
An article examined the implications of opening the criminal justice market to voluntary organizations, gaps between the rhetoric and reality of commissioning, and the potential loss of the sector's distinctiveness and critical voice.
Source: Alice Mills, Rosie Meek, and Dina Gojkovic, 'Exploring the relationship between the voluntary sector and the state in criminal justice', Voluntary Sector Review, Volume 2 Number 2
Links: Abstract
Date: 2011-Jul
Campaigners welcomed the coalition government's commitment to use restorative justice interventions at each stage of the justice system. However, to ensure that high-quality restorative justice was available on a much wider scale, this commitment needed to be backed up by legislation, so that restorative justice was offered to all victims of crime pre-sentence, whenever an offender pleaded guilty and agreed to participate in the process, and where it was appropriate and safe to do so.
Source: Restorative Justice: Time for Action, Criminal Justice Alliance
Links: Paper
Date: 2011-Jul
The government began consultation on proposed reforms to the public bodies within its remit, including the abolition of the Youth Justice Board.
Source: Consultation on Reforms Proposed in the Public Bodies Bill: Reforming the public bodies of the Ministry of Justice, Cm 8116, Ministry of Justice, TSO
Links: Consultation document
Date: 2011-Jul
A commission report said that plans by the coalition government to cut the legal aid budget were 'a false economy', leading to increased costs in other areas, such as health, housing, and education.
Source: Jon Robins (ed.), Unequal Before the Law? The future of legal aid, Commission of Inquiry into Legal Aid/Solicitors Journal
Links: Report | Garden Court press release | Guardian report
Date: 2011-Jun
The Legal Aid, Sentencing and Punishment of Offenders Bill was published, and given a second reading. The Bill (mainly relating to England and Wales) was designed to cut access to legal aid, introduce tougher punishment for certain crimes (such as knife crime), promote a 'rehabilitation revolution' to prevent offenders committing further crime, and ensure that the sentencing framework was 'sensible and workable'. Plans to give prisoners who pleaded guilty at the earliest stage a reduction of up to 50 per cent on their sentences were dropped. The coalition government simultaneously published its response to:
• A report by a committee of MPs on legal aid reform.
• A consultation on legal aid reform.
• A consultation (Green Paper) on reforming the criminal justice system.
Source: Legal Aid, Sentencing and Punishment of Offenders Bill, Ministry of Justice, TSO | Government Response to Justice Committee s Third Report of Session 2010/11: The Government s Proposed Reform of Legal Aid, Cm 8111, Ministry of Justice, TSO | Reform of Legal Aid in England and Wales: The Government Response, Cm 8072, Ministry of Justice, TSO | Breaking the Cycle: Government Response, Cm 8070, Ministry of Justice, TSO
Links: Bill | Explanatory notes | Hansard (1) | Hansard (2) | Downing Street press release | MOJ press release | Response to MPs | Response to legal aid consultation | Response to criminal justice consultation | HOC research brief | Bar Council press release | Citizens Advice press release | ILPA briefing | JUSTICE press release | Justice for All press release | Labour Party press release | LAG press release | LCF press release | Liberty press release | NFM press release | Resolution press release | Scope press release | SCYJ briefing | Shelter press release | SOFJ press release | Unite press release | BBC report | Guardian report (1) | Guardian report (2) | Law Gazette report | Telegraph report
Notes: MPs Report (March 2011) | Consultation document (legal aid) (November 2010) | Consultation document (criminal justice) (December 2010)
Date: 2011-Jun
A new book examined the legal limits of the criminal law. The moral criteria for constraining unjust criminalization could be – and had been – incorporated into constitutional human rights, and thus provided a legal right not to be unfairly criminalized.
Source: Dennis Baker, The Right Not to Be Criminalized: Demarcating criminal law's authority, Ashgate Publications
Links: Summary
Date: 2011-Jun
An article examined the extent of restorative justice practices in Northern Ireland.
Source: Brian Payne and Vicky Conway, 'A framework for a restorative society? Restorative justice in Northern Ireland', European Journal of Probation, Volume 3 Number 2
Date: 2011-May
Researchers evaluated integrated offender management schemes (designed to co-ordinate all relevant agencies to deliver interventions for offenders identified as warranting intensive engagement, whatever their statutory status).
Source: Paul Senior et al., Process Evaluation of Five Integrated Offender Management Pioneer Areas, Research Report 4/11, Ministry of Justice
Links: Report
Date: 2011-May
The government published an annual compendium of reoffending statistics and analysis, focusing on the relative effectiveness of different types of sentence. Adults sentenced to 2-4 years in custody had lower reoffending rates than those given 1-2 year custodial sentences – the proven reoffending rate in 2008 was 7.2 percentage points lower for those serving longer in custody.
Source: 2011 Compendium of Re-Offending Statistics and Analysis, Ministry of Justice
Links: Report | MOJ press release | Guardian report
Date: 2011-May
A new book examined the results of implementing three restorative justice schemes in England and Wales. It highlighted the practicalities of setting up and running restorative justice schemes in connexion with criminal justice, the costs of doing so, and the key professional and ethical issues involved.
Source: Joanna Shapland, Gwen Robinson, and Angela Sorsby, Restorative Justice in Practice: Evaluating what works for victims and offenders, Routledge
Links: Summary
Date: 2011-May
An article examined proposals by the coalition government to implement a process of payment-by-results across the criminal justice system. It looked at some existing examples of projects based on payment-by-results, and discussed some of the key questions that needed to be resolved in the development of this new approach.
Source: Jon Collins, 'Payment by results in the criminal justice system: can it deliver?', Safer Communities, Volume 10 Number 2
Links: Abstract
Date: 2011-Apr
The Supreme Court ruled that an expert giving advice in the course of litigation was no longer immune from being sued for negligence.
Source: Jones v Kaney, UKSC 13 (2011), United Kingdom Supreme Court
Links: Judgement | Supreme Court press release
Date: 2011-Mar
The Scottish Parliament approved a Bill designed to set in statute the long-established principle of Scots law that no-one should be tried twice for the same crime.
Source: Double Jeopardy (Scotland) Bill, Scottish Government, TSO | Scottish Parliament Debate 22 March 2011, Official Report, TSO
Links: Bill | Explanatory notes | Policy memorandum | Official Report | Scottish Government press release
Date: 2011-Mar
A report by a committee of MPs called on the government to assess more fully the likely impact of its proposals for reforming legal aid.
Source: Government's Proposed Reform of Legal Aid, Third Report (Session 2010-11), HC 681, House of Commons Justice Select Committee, TSO
Links: Report | Citizens Advice press release | BBC report | Guardian report
Date: 2011-Mar
A paper said that the existing criminal justice system was failing communities by drawing resources into damaging and inefficient systems rather than enabling communities, families, and individuals to become safer and stronger. It proposed a range of strategies for reversing this pattern, including: a greater focus on the role of women, children, and families; and a new financial system giving local areas an incentive to invest in their own communities.
Source: Clare Hyde, Local Justice: Family-focused reinvestment, Centre for Welfare Reform
Links: Paper | Summary | Birmingham University press release
Date: 2011-Mar
An article examined the demographic profile of people in the United Kingdom and the Netherlands who expressed dissatisfaction with the justice system.
Source: Marc Hertogh, 'Loyalists, cynics and outsiders: who are the critics of the justice system in the UK and the Netherlands?', International Journal of Law in Context, Volume 7 Issue 1
Links: Abstract
Date: 2011-Mar
A report set out the findings of a seminar on restorative justice (held in November 2010). It said that the academic and research agenda on restorative justice was too narrow. There was a tendency to focus on matters of immediate policy and practical relevance and, as a result, the political and cultural character of restorative justice was put second. At the same time, a more thorough cost-benefit analysis for restorative justice was needed if it were to be seen as a more cost-effective approach to crime than imprisonment and penal punishment.
Source: Theo Gavrielides, Drawing Together Research, Policy and Practice for Restorative Justice, Independent Academic Research Studies
Links: Report | IARS press release
Date: 2011-Mar
A report (by an official advisory body) said that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings in England and Wales.
Source: Expert Evidence in Criminal Proceedings in England and Wales, LC325/HC 829, Law Commission, TSO
Date: 2011-Mar
A new book examined changes in criminal justice in England and Wales over the previous two decades, and the possibilities and pitfalls for the future. It focused on the balance between (on the one hand) the role of central government in creating and shaping the regulatory framework of criminal justice and (on the other) the potential for local communities to exercise more responsibility in responding to crime and anti-social behaviour.
Source: Katherine Doolin, John Child, John Raine, and Anthony Beech (eds.), Whose Criminal Justice? State or Community?, Waterside Press
Links: Summary
Date: 2011-Feb
A report examined what happened under the former Labour government (1997-2010) in key areas of criminal justice, and the use the government made of criminal statistics and the 'evidence base'.
Source: Arianna Silvestri (ed.), Lessons for the Coalition: An end of term report on New Labour and criminal justice, Centre for Crime and Justice Studies (King's College London)
Links: Report | CCJS press release
Date: 2011-Jan
An article examined the development of a strategy for personality-disordered offenders for the Department of Health and National Offender Management Service. There was a need for the two agencies to take joint responsibility for the assessment, treatment, and management of this population of offenders; and to deliver services, where appropriate, through joint operations. A greater focus was required on the early identification of personality-disordered offenders who presented a high risk of serious harm to others, leading to an active pathway of intervention predominantly based on the criminal justice system.
Source: Nick Joseph and Nick Benefield, 'The development of an offender personality disorder strategy', Mental Health Review Journal, Volume 15 Number 4
Links: Abstract
Date: 2011-Jan
A report examined the potential for voluntary and community organizations to provide or contribute to the delivery of criminal justice liaison and diversion services. It identified a number of ways in which the sector's 'market share' could be increased in the future.
Source: Scoping the Potential of Community and Voluntary Organisations to Deliver Criminal Justice Liaison and Diversion (CJLD) Services, National Mental Health Development Unit
Links: Report
Date: 2011-Jan
A report by a committee of MSPs said that it supported the general principles of the Double Jeopardy (Scotland) Bill (setting in statute the long-established principle of Scots law that no-one should be tried twice for the same crime).
Source: Stage 1 Report on the Double Jeopardy (Scotland) Bill, 3rd Report 2011, SP Paper 572, Scottish Parliament Justice Committee
Links: Report
Date: 2011-Jan