Courts

OPINION: The recent ‘not guilty’ court verdict against nine Just Stop Oil protestors who admitted deliberately smashing the windows of a bank HQ in London might suggest that the finding was completely at odds with the law; but as former police officer and University of Derby Policing Lecturer Tom Andrews explains, the ‘lawful excuse’ defence offered in this and other cases is a long-standing and crucial element of the jury-based justice system.

ANALYSIS: The apparent increase in youth crime has been the subject of intense media focus and community campaigns over recent months; Bond University’s Dr Terry Goldsworthy, Dr Gaëlle Brotto and Dr Tyler Cawthray explore the data behind the headlines, as well as public perception on what constitutes a crime crisis.

OPINION: Shoplifting and retail theft have been subject to significant media and political focus over recent weeks, with the Government launching a new action plan while commentators call for tougher sentences to target organised gangs; but Transform Justice Director Penelope Gibbs argues that effectively tackling the problem will mean addressing the causes, improving diversion and rethinking the retail space, rather than simply increasing the sentence tariff.

INNOVATION: Police have used traditional line-ups – whether static in person, or using photos and videos – for decades, and concerns have been regularly voiced over misidentification leading to wrongful arrest and in some cases imprisonment; but University of Birmingham research led by Prof Heather Flowe and PhD student Tia Bennett is pioneering new 3D interactive line-ups that have increased identification accuracy, with the team now looking to work closely with forces to further develop the technology.

INTERVIEW: In the latest in a series of interviews with leading figures involved in the research and investigation of organised crime, Policing Insight’s Dr Chris Allen spoke to drug expert witness and consultant Matt Lockyer about the valuable lessons from working with former drug users, the significant impact of Operation Venetic, and the importance of independent assessment of evidence in drug-related court cases.

ANALYSIS: While the term ‘shoplifting’ suggest images of someone pocketing a chocolate bar, current retail thefts by organised crime groups in the UK are often more akin to systematic looting, yet the vast majority of offences still go un reported; City, University of London Criminology Professor Dr Emmeline Taylor argues that although an under-funded police service and criminal justice system has exacerbated the problem, retailers themselves could take more steps to safeguard stock and staff.

ANALYSIS: With the criminal justice system in England and Wales facing court backlogs, growing prison populations and a range of other pressures, Transform Justice’s latest report Close to Home sets out how localising many criminal justice services could reduce waste, cut crime, increase public confidence and improve the experiences of victims, as Research and Policy Lead Fionnuala Ratcliffe explains.

OPINION: The recent trial and conviction in the UK of nurse Lucy Letby, who was found guilty of multiple child murders and attempted murders, has horrified the country, and prompted many questions about the trial process and why her actions weren’t identified and prevented sooner; former Police Scotland superintendent Martin Gallagher believes some of those questions are pertinent both for policing and the wider criminal justice system.

FEATURE: Coverage of the recent State of Policing in England and Wales report focused in large part on HM Chief Inspector of Constabulary Andy Cooke’s warning that “public trust in the police is hanging by a thread”; but Policing Insight’s Graham Wettone believes other messages from the report around a “dysfunctional and defective” criminal justice system, a return to the “basics” of policing and the need for new policing priorities are equally important, but have been largely overlooked.

FEATURE: New research from the Australian Institute of Criminology presents shocking findings on the level of domestic violence among members of outlaw motorcycle gangs (OMCGs); with higher rates of violence and lower conviction rates, it’s a complex challenge for police officers in New South Wales to solve, as Policing Insight’s James Sweetland reports.

OPINION: Three Ontario Provincial Police officers involved in the fatal shooting of an 18-month-old baby and his father are shortly due to stand trial for manslaughter; Adjunct Professor Patrick G Watson, Postdoctoral Fellow Carmen Nave and PhD Candidate T Sidhu believe that aside from holding officers accountable for their actions, such trials are also positive mechanisms that allow for public scrutiny of the use-of-force training, policies and practices of police forces.

OPINION: A recent Scottish court case that saw a 21-year-old given a non-custodial sentence for rape – largely in the hope of aiding his rehabilitation – has prompted much discussion about the age of criminal responsibility; former Police Scotland superintendent Martin Gallagher believes the criminal justice system needs to be reset to recognise that with rights come responsibilities, and that offender rehabilitation must be balanced with justice for victims and protection of the public.

RESEARCH: The wealth of CCTV footage recorded in a wide range of public and private settings regularly forms vital evidence in court cases; but a new study of British murder investigations by Professor Fiona Brookman and Research Fellow Helen Jones of the University of South Wales suggests that issues around interpretation, availability and quality of CCTV represent challenges and risks that can make such evidence unreliable and problematic.

ANALYSIS: In the second in a month-long series of articles celebrating International Women’s Day, Dr Holly Taylor-Dunn and Dr Anna Hopkins of the Open University’s Policing Organisation and Practice Department share details of two key research projects that concern the policing of domestic abuse.

INNOVATION: A 12-month trial which allows officers from Queensland Police Service to use body-worn cameras to record interviews with domestic violence victims that can then be used as evidence-in-chief has been hailed a success for reducing the trauma experienced by victim-survivors and enabling officers to re-invest more time providing support, as Policing Insight’s Sarah Gibbons reports.

OPINION: The use of police body camera footage and surveillance video has proved crucial in prosecuting many court cases and highlighting criminal activity – including the recent death of Tyre Nichols in Memphis – but video evidence expert, Assistant Professor Sandra Ristovska, believes the way such videos are presented can have a significant impact on a jury’s perception of a case.

ANALYSIS: A 2019 criminal victimisation survey in Canada found that a quarter of victims of violence failed to report incidents to the police for fear of not being taken seriously and even being re-traumatised by the legal process. Jeffrey Bradley, PhD Candidate, Carleton University, examines what needs to change to ensure victims have the confidence to come forward.

LONG READ: With just one per cent of cases making it to court and convictions at a historic low, some believe the crime of rape has effectively been decriminalised. Dr John Fox, a lecturer in Police Studies at the University of Portsmouth, analyses the reasons why so few cases result in a conviction.

OPINION: Non-profit organisation Innocence Canada has highlighted nine main causes of wrongful convictions, with eyewitness misidentification contributing to around 70% of such miscarriages of justice later overturned by DNA testing; Carleton University Professor Joanna Pozzulo and Emily Pica, Associate Professor at Austin Peay State University, explore the impact of such cases, and call for policy reform to address the risks of eyewitness misidentification.

ANALYSIS: Earlier this year, as the first evidence of war crimes began to emerge in Ukraine, Policing Insight’s Gareth Bryon looked at the preparations and efforts already underway to pursue justice against those responsible; five months on, and with the conflict showing no signs of ending, he examines the training and support being provided to those likely to investigate such atrocities – as well as the obstacles to securing justice that have not gone away.

OPINION: The International Criminal Court (ICC) was set up during a unique period of global co-operation, but has faced criticism for its failure to hold the US and other major powers to account; however, Dr Matt Killingsworth, Senior Lecturer in International Relations at the University of Tasmania, believes the ICC has played a valuable role in creating expectations that global justice can be realised.

ANALYSIS: As new footage continues to highlight horrific images of the devastation wrought by the Russian military in Ukraine, preparations are already underway to ensure that war criminals can be prosecuted post-conflict; Policing Insight contributor Gareth Bryon, and former police detective and war crime investigator Howard Tucker, consider the challenges facing those trying to build a case, and the processes involved.

ANALYSIS: Court cases around the world often depend on the independent deliberations and judgments of juries; but with jurors susceptible to their own biases, steps can be taken to ensure that such biases are balanced to prevent miscarriages of justice, as Dr Lee Curley and Dr James Munro of the Open University and Dr Itiel Dror of University College London, explain.

OPINION: The UK Government’s recently published consultation on ‘Delivering justice to victims’ focuses on criminal justice as the gold standard, an attitude reflected in the media emphasis on punishment and retribution; but Transform Justice Director Penelope Gibbs argues that for many victims a ‘day in court’ is not the key component of a successful resolution or increased satisfaction.