Changing local policy and practice towards the policing of domestic violence in England and Wales

Author(s):  
R.J. Applegate
Author(s):  
Ralph Henham

This chapter explains the practical consequences of what has been proposed. It begins by evaluating current models and suggested approaches for incorporating public opinion into sentencing, explaining how the proposed changes would differ. It then sets out some practical reforms to sentencing in England and Wales, including greater coordination between the national regulation of sentencing discretion through the Sentencing Council and regional or community-based sentencing practices. Regional branches of the Sentencing Council are also advocated. In addition to further practical reforms, a greater role for the Sentencing Council in the ethical surveillance of sentencing, the development of new procedural rules, and enhanced training for judges and magistrates are proposed. Finally, a closer working relationship between the Sentencing Council, the courts, the CPS, defence lawyers, and the Probation Service is advocated to develop guidance clarifying their role within the new sentencing framework.


2016 ◽  
Vol 63 (4) ◽  
pp. 433-451 ◽  
Author(s):  
Vickie Cooper

Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and (ex)offender groups in the community. Addressing these gaps, this paper provides an overview of the main local housing authority statutory duties in the provision of housing support for prison leavers and (ex)offenders in England and Wales, and situates the issues with accessing accommodation within the wider context of austerity. The paper presents a case study that explores criminal justice practitioners’ experiences of working with local authority housing agencies. Stemming from 25 interviews with housing practitioners and criminal justice practitioners, the paper outlines the main challenges facing criminal justice agencies as they try to secure accommodation for homeless (ex)offenders and resettle them in the community. Finally, the paper concludes by raising critical questions about the housing options for this population, now and in the future.


2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon

The offence of controlling or coercive behaviour came into effect in England and Wales in December 2015, and related offences have since been enacted in Scotland and Ireland. To date, there has been almost no empirical evaluation of the operationalisation of the new English and Welsh offence. This article fills that gap by analysing media reports relating to 107 individuals convicted of controlling or coercive behaviour, providing a profile of offenders and victims (gender and age), the types of abusive behaviours offenders engaged in and how the cases progressed through the criminal justice system (manner of conviction, sentencing outcomes). Media reporting of these cases is also discussed. The results suggest that the offence is (appropriately) operationalised in a highly gendered manner, that it has captured a diverse range of behaviours that would not previously have been considered criminal, and that media reports of this form of domestic violence have not demonstrated the negativity towards victims identified in previous studies. Further research of primary data is required to confirm these findings.


2020 ◽  
Vol 19 ◽  
pp. 160940692095890
Author(s):  
Anita Morris ◽  
Cathy Humphreys ◽  
Kelsey Hegarty

Children who live in households where domestic violence is occurring have been variously described in the literature over time as silent witnesses, witnesses, a cohort who is “exposed” to the violence, and more recently, as individual victim survivors and active agents in their own right, each with their own lived experience of violence. Research methodologies in this arena have shifted from adult-focused measurements of the impacts of domestic violence on children to more qualitative attempts to understand the experience from the child’s perspective. In doing so, there have been notions of giving “voice to the voiceless” and doing no further harm through a desire to protect children from exposure. However, the relational framing of children’s voices and recognition and enabling of children’s agency is less evolved in research and professional interventions. A study undertaken in Australia researched with a primary care population of 23 children and 18 mothers, children’s experiences of safety and resiliency in the context of domestic violence. The findings of the research were realized using qualitative research methods with children and the analytical framing of hermeneutical phenomenology, ethics of care and in particular dialogical ethics, to draw practical understanding and application in health care settings. This article aims to demonstrate how the analytical methodology chosen was applied in the research process and reveals the elements required for children to experience agency in navigating their relationships in an unsafe world, while learning about themselves. It draws upon understandings of the child’s relational context and introduces a model of children’s agency, which may have applicability for domestic violence policy and practice settings.


2018 ◽  
Vol 14 (3) ◽  
pp. 670-685 ◽  
Author(s):  
Matthew Callender ◽  
Kathryn Cahalin ◽  
Sam J Cole ◽  
Luke Hubbard ◽  
Iain Britton

Abstract Special Constables have an established history within British policing. The Special Constabulary has represented an under-researched aspect of policing, with motivations to join, morale, factors relating to length of service and reasons for leaving being poorly understood. This article draws upon data from a national survey of Special Constables undertaken across all police forces in England and Wales. The analysis illustrates differences in motivations, dependent on age, and length of service, with younger Special Constables viewing the role as a pathway to future paid employment as a Regular police officer. The results contradict perspectives that attribute attrition from the Special Constabulary primarily to changes in personal circumstances for Specials, demonstrating how such changes are less important than satisfaction with the experience of being a Special Constable. The article concludes by identifying the significance of the findings for future policy and practice in respect of the Special Constabulary.


2018 ◽  
Vol 18 (1) ◽  
pp. 7-28 ◽  
Author(s):  
Sylvia Walby ◽  
Jude Towers

The article assesses three approaches to domestic violence: two that use the concept of ‘coercive control’ and one that uses ‘domestic violent crime’. These are: Stark’s concept of coercive control; Johnson’s distinction between situational couple violence and intimate terrorism, in which coercive control is confined to the latter; and that of domestic violent crime, in which all physical violence is conceptualized as coercive and controlling. The article assesses these three approaches on seven issues. It offers original analysis of data from the Crime Survey for England and Wales concerning variations in repetition and seriousness in domestic violent crime. It links escalation in domestic violent crime to variations in the economic resources of the victim. It concludes that the concept of domestic violent crime is preferable to that of coercive control when seeking to explain variations in domestic violence.


Youth Justice ◽  
2013 ◽  
Vol 13 (2) ◽  
pp. 111-130 ◽  
Author(s):  
Barry Goldson

This article assesses critically the means by which social (symbolic) and statutory (institutionalized) constructions of child ‘offenders’ in England and Wales intersect and underpin processes of responsibilization and adultification. It is argued that securing immunity from prosecution should be the principal driver for raising the minimum age of criminal responsibility. In this sense the analysis is less concerned with questions of capacity and mens rea and more interested in: compliance with international human rights standards; modelling a system of justice that is broadly compatible with law, policy and practice in Europe (and elsewhere); ensuring that criminal law coheres with civil law; minimizing social harm and obtaining the best outcomes for children in conflict with the law, the wider community and the general public in respect of crime prevention and community safety. Finally, the prospects for such progressive reform within a context of heightened politicization are considered.


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