scholarly journals Police retention and storage of evidence in England and Wales

2019 ◽  
Vol 22 (2) ◽  
pp. 123-136
Author(s):  
Carole McCartney ◽  
Louise Shorter
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Qualitative Interviews ◽  
Freedom Of Information ◽  
England And Wales ◽  
High Profile ◽  
And Storage ◽  
Cold Case ◽  
Court Of Appeal ◽  
Physical Materials

Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post conviction. There is also an imperative for forces to retain evidence in investigations in which no perpetrator has been detected or convicted, to facilitate cold case reviews. In order to give effect then to an appellate system and enable cold case reviews, evidence needs to be retained and properly stored. If materials are not retained and stored correctly, then re-investigations are rendered impossible. Retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical (and now, often digital) materials are retained for future (re)evaluation. From analysis of responses to a Freedom of Information request to all police forces in England and Wales, and qualitative interviews with criminal justice stakeholders, this article examines the retention and storage of materials, and considers the operation and future of the Forensic Archive Ltd. It details a worrying picture of inconsistency, with confusion over what should be retained, and how. It concludes that justice demands that we accept that the proper retention and storage of materials is fundamental to the fair and effective operation of our criminal justice system, and ensures that the Court of Appeal can fulfil its remit in addressing wrongful convictions and forces can pursue justice in cold cases.

scholarly journals Policing, Crime and Mental Illness in England and Wales: Insights from the Literature

2017 ◽  
Vol 9 (2) ◽  
pp. 248
Author(s):  
Frank Kitt ◽  
Colin Rogers
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Justice ◽  
Justice System ◽  
Historical Context ◽  
Public Agencies ◽  
England And Wales ◽  
Police Service ◽  
High Profile ◽  
Made In

Mental illness pervades most societies, but it is only recently that its impact and effects upon individuals has slowly been recognised in England and Wales. When people suffering from this illness become involved with various public agencies, the way they are dealt with appears inconsistent and on occasions ends in tragedy. One agency that is constantly in contact with people who suffer mental health illness is the police service. Some high profile cases have clearly illustrated misunderstandings and the fact that the police are not generally equipped to deal with such individuals. This article considers a brief history and theoretical backcloth to police understanding and framing of mental illness in England and Wales, and explores the National Liaison and Diversion Model as an alternative to traditional police understanding and response. The article suggests that only by understanding the historical context, and literature, surrounding mental illness, can improvements be made in the criminal justice system as a whole and within the police service in particular.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

Instrumental and Symbolic Politics in Policing

2018 ◽  
Author(s):  
Cheryl Allsop
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Political ◽  
Police Legitimacy ◽  
Symbolic Politics ◽  
Political Background ◽  
Cold Case ◽  
Police Practices

This chapter considers the development of, and growing interest in, cold case reviews, distinguishing between the instrumental and symbolic politics which surround their development. What becomes clear in this chapter is that the rise in interest can be attributed to a number of individual and interlocking events, including changes in police legitimacy, the introduction of a number of police reforms, and initiatives resulting in changes to police practices, pressure from victims’ rights groups for more attention from the criminal justice system, and advances in scientific techniques and technologies with increasing uses found for them. The chapter briefly considers the political background to cold case reviews, and how this connects with the broader politics of policing along with the instrumental politics of maintaining major crime review teams and the symbolic politics which helps to justify expenditure in cold case reviews.

scholarly journals Challenges of Effective Communication in the Criminal Justice Process: Findings from Interviews with Victims of Sexual Offences in Australia

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 31
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sexual Offending ◽  
Qualitative Interviews ◽  
Effective Communication ◽  
Skills Training ◽  
Sexual Offences ◽  
Justice Process ◽  
Criminal Justice Process

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.

Prosecuting controlling or coercive behaviour in England and Wales: Media reports of a novel offence

2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Empirical Evaluation ◽  
Primary Data ◽  
Diverse Range ◽  
England And Wales ◽  
Gender And Age ◽  
Media Reports

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.

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