Commentary

2014 ◽  
Author(s):  
David Downes
Keyword(s):  
Criminal Justice ◽  
Time Lag ◽  
Crime Rates ◽  
New Labour ◽  
Home Office ◽  
Breathing Space ◽  
Electoral Defeat ◽  
The Government ◽  
Liberal Approach

The problems posed by the time-lag of a Thatcherite response to crime are well conveyed by Farrall and Jennings. Neo-liberal policies fuelled, and neo-conservative rhetoric narrowed the blame for steadily, then steeply, rising crime rates throughout the 1980s. But actual criminal justice policies were on balance a liberal-minded pursuit of community rather than penal measures by Home Secretaries, especially Douglas Hurd, who were left alone to ‘get on with it’. More emphasis is needed on the extent to which Labour’s disarray allowed the breathing space for decarcerationist policies to be developed by Home Office custodians of a liberal approach, along with Labour berating the government, not for being ‘soft on crime’, but for not pursuing penal moderation more vigorously. Following Labour’s fourth successive electoral defeat, in 1992, the Thatcherite U-turn towards more punitive policies was, if anything, sparked by Tony Blair’s Clintonesque rebranding of ‘New’ Labour as ‘tough on crime’.

24. Criminal justice institutions

2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Central Government ◽  
Separation Of Powers ◽  
Considerable Influence ◽  
Home Office ◽  
Governmental Agency ◽  
Independent Judiciary ◽  
The Government

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.

A “think piece” on intelligence, investigation and prosecution

2017 ◽  
Vol 24 (3) ◽  
pp. 449-460 ◽  
Author(s):  
David Fitzpatrick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Financial Services ◽  
Justice System ◽  
Current System ◽  
Organised Crime ◽  
Home Office ◽  
Effective Response ◽  
Content Type ◽  
The Government

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.

4. Shaping the legal system: the role of government

2021 ◽  
pp. 73-91
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Legal System ◽  
Central Government ◽  
Criminal Justice Policy ◽  
Home Office ◽  
Role Of Government ◽  
System P ◽  
The Government ◽  
Law Commission

This chapter considers the principal government departments that shape the English legal system. Over the years, the Government has become increasingly involved in the English legal system. The leading department is the Ministry of Justice, which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. It also considers the Judicial Office, the Judicial College, and the Law Commission. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Business, Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.

A New System Takes Shape

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Critical Appraisal ◽  
Planning Process ◽  
Decision Makers ◽  
Transitional Period ◽  
Green Paper ◽  
Home Office ◽  
Legal Effect ◽  
Parole System

The chapter examines the legislative planning process that gradually refined the early release framework eventually given legal effect by Part Two of the Criminal Justice Act 1991. The chapter begins with a review of the post-election planning process that gathered pace following the 1987 General Election. It examines the Home Office strategic awayday held at Leeds Castle in September 1987 and goes on to consider the Green Paper, Punishment, Custody and the Community and an unprecedented conference at Ditchley Park which brought together senior decision-makers from across the criminal justice system. The chapter then examines the passage of the Criminal Justice Bill 1990/91 and reflects upon the dramatic backlash against the new parole system in the mid-1990s. The chapter concludes with a critical appraisal of the underlying tensions that defined the development of criminal justice during this transitional period.

The Politics of Inertia

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Policy Options ◽  
Home Office ◽  
England And Wales ◽  
Early Release ◽  
Short Sentence ◽  
Policy Debates ◽  
The Face

The chapter explores the ever more complex policy debates that surrounded the efforts to extend a system of early release to short sentence prisoners. It begins with an overview of the main candidates for reform and the strengths and weaknesses of these policy options. It explores the Home Office Review of Parole in England and Wales and considers why these recommendations were so quickly abandoned in the face of political and judicial pressure. It then goes on to examine the passage of the Criminal Justice Act 1982, a significant piece of legislation which resulted in wide-ranging reform of parole in England and Wales. The chapter concludes with a number of reflections upon the policy inertia of the early 1980s and what that reveals about the changing aims and techniques of criminal justice at this time.

Electoral and Partisan Cycles in the Canadian Provinces

1999 ◽  
Vol 32 (2) ◽  
pp. 273-292 ◽  
Author(s):  
François Petry ◽  
Louis M. Imbeau ◽  
Jean Crête ◽  
Michel Clavet
Keyword(s):  
The Political ◽  
Discretionary Power ◽  
Normal Behaviour ◽  
Political Budget Cycle ◽  
Budget Cycle ◽  
Opportunistic Behaviour ◽  
Electoral Defeat ◽  
Canadian Provinces ◽  
The Government ◽  
Expansionary Policy

AbstractThis study tests explanations of the growth of Canadian provincial governments that draw from the political budget cycle approach. The approach assumes that governments jointly respond to electoral and partisan goals. When the next election is not expected soon, the government uses its discretionary power to pursue its ideological target. When the next election is near, politicians in government, fearing electoral defeat, deviate from their normal behaviour and engage in a re-election effort by undertaking an expansionary policy. This study suggests that provincial governments behave in the opportunistic fashion described by the model. Moreover, there is no sign that this opportunistic behaviour has been affected by government cutbacks in the 1990s.

Modernisation and cultural change under New Labour: views of solicitors, clerks, magistrates, barristers and judges

2016 ◽  
Author(s):  
Philip Whitehead
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Empirical Research ◽  
Cultural Change ◽  
Justice System ◽  
New Labour ◽  
Specific Domain ◽  
North East ◽  
Criminal Justice Professionals ◽  
Critical Change

There is a paucity of empirical research on solicitors, court clerks, magistrates, barristers and judges conducted within the criminal justice system in England and Wales. Even though the research conducted for this chapter is now several years old, it is included and retained because of the valuable insights provided into the era of modernisation. Importantly, it provides insights into what criminal justice professionals perceived of probation during a period of critical change under new labour. Accordingly, this chapter constitutes a slice of criminal justice history, in North-East England, that can be accessed and utilised by other criminal justice researchers. In doing so it is intended to compensate for empirical paucity in this specific domain of interest.

Introduction

2016 ◽  
Author(s):  
Philip Whitehead
Keyword(s):  
Criminal Justice ◽  
New Labour ◽  
Critical Events ◽  
Probation Service

The first edition of this book was published in 2010 and included an analysis of the years from the election of new labour in 1997 to 2009. This second edition has been extended to include 1997 – 2015. The author introduces his expertise and experience within the field of probation service, with which he has been involved for nearly forty years. The author then gives brief examples of critical events or hinge moments that have occurred to both probation and criminal justice services in general throughout that time. The chapter concludes by giving an outline of the content of the remainder of the book.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.

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