scholarly journals Still Standing: Innocence work in England and Wales

2021 ◽  
Vol 2 (3) ◽  
pp. 226-239
Author(s):  
Louise Hewitt ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
England And Wales ◽  
Similar Work ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Innocence Project

This article examines the two categories that have evolved in the literature concerning Innocence Projects; the pedagogical value of innocence work and the problems with associating the term innocence with the English criminal justice process. This research draws upon a study undertaken in 2017 by the Innocence Project London (unpublished) and another in 2020. Both studies sought to understand the extent to which organisations are undertaking innocence work in England and Wales.  This research is written from the perspective of the Directors of both the Innocence Project London and Manchester Innocence Project, and as a result, the projects are discussed at length in various sections. An effort has been made however, to discuss other organisations that undertake similar work in various parts of this article.

The Criminal Process

2019 ◽  
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Criminal Justice ◽  
Research Policy ◽  
Criminal Trials ◽  
Criminal Process ◽  
England And Wales ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
Normative Issues ◽  
Area Of Study

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.

Navigating through the effects of ‘Cracked Trials’

2018 ◽  
Vol 47 (2) ◽  
pp. 136-149
Author(s):  
Kevin Kwok-yin Cheng
Keyword(s):  
Hong Kong ◽  
Criminal Justice ◽  
Adverse Effects ◽  
Common Law ◽  
Criminal Procedure ◽  
England And Wales ◽  
Sliding Scale ◽  
Justice Process ◽  
Criminal Justice Process

‘Cracked trials’ have been identified as a major problem in the criminal justice process, causing wastage of resources and time for all parties involved. The sliding scale of sentence discounts was implemented in England and Wales to tackle the problem of ‘cracked trials’ through providing the greatest amount of sentence reduction for earlier guilty pleas and thereby discouraging defendants from entering late guilty pleas. The sliding scale has been recently implemented or is being considered by other common law jurisdictions. This article examines how legal practitioners in Hong Kong have navigated around the adverse effects of cracked trials prior to the implementation of the sliding scale and argues how the sliding scale of sentence discounts is problematic. The findings offer insights regarding strategies and reforms on other aspects of the criminal procedure in responding to late guilty pleas.

Fitness to be interviewed: decision-making in the mental health in-patient setting

2020 ◽  
pp. 1-11
Author(s):  
Allison Edwards ◽  
Simon Jackson ◽  
Keith J. B. Rix ◽  
Faisil Sethi
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Criminal Justice ◽  
Legal System ◽  
England And Wales ◽  
Psychiatric Setting ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process

SUMMARY When a patient in an in-patient psychiatric setting allegedly commits a crime, psychiatrists are sometimes asked to assess their fitness to be interviewed by the police. This article describes how to conduct this assessment, outlines the criminal justice process leading to police interviews (with particular reference to the legal system in England and Wales) and highlights practical issues to consider when assessing fitness to be interviewed in this context.

scholarly journals Taking trauma seriously

2016 ◽  
Vol 21 (3) ◽  
pp. 183-208 ◽  
Author(s):  
Louise Ellison ◽  
Vanessa E Munro
Keyword(s):  
Criminal Justice ◽  
Criminal Process ◽  
England And Wales ◽  
Current Trial ◽  
Trauma Informed ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victims Of Crime ◽  
Victim Participation ◽  
The Government

Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than ameliorate trauma amongst a broad constituency of victims.

The Role and Status of the Prosecutor

2020 ◽  
pp. 115-141
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Political Authority ◽  
Pivotal Role ◽  
England And Wales ◽  
Cultural Traditions ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Matters

By situating the crown prosecutor and the French procureur within the broader legal cultural traditions in which they operate, this chapter compares the nature of the prosecutor’s role and functions in the two jurisdictions, their relationship with the investigation, and the different ways in which prosecutors’ independence and accountability are structured and understood. Prosecutors play a pivotal role at the heart of the criminal justice process, preparing and prosecuting criminal matters, managing the flux of cases, and, increasingly, disposing of cases through alternatives to prosecution. The different status of prosecutors in France and England and Wales and their relationship to judicial and political authority are important factors in how we understand and evaluate the functions of the prosecutor, the rights and responsibilities of other legal actors, and the legitimacy of the expanding prosecution role.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

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