Criminal justice

FEATURE: Wales has been a pioneering country in its public-health approach to policing, but now a multi-agency initiative is aiming to create a truly trauma-informed nation that understands and recognises the impact of adverse childhood experiences, as Policing Insight Contributing Editor Tina Orr Munro reports.

ANALYSIS: A new report by the New Zealand Law Commission has set out 193 recommendations to overhaul the use of DNA in criminal investigation; but Professor Carrie Leonetti of the University of Auckland believes the report still overlooks key issues in the use of the country’s DNA databank in relation to over-representation of Māori, the use of familial searches, and concerns over privacy, discrimination and consent.

Advertisement Feature: Towards Justice: Law Enforcement & Reconciliation is a 2-day virtual conference convened by Cumberland Lodge and supported by Policing Insight, on 17-18 June 2021, examining policing approaches and criminal justice responses to past harms and injustices in society. The Cumberland Lodge team outline the key features of the interactive programme and how to secure your place.

FEATURE: In his recently published second review of UK anti-terrorism legislation, Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, has called for new police powers to tackle digital encryption; Policing Insight’s Andrew Staniforth explains why such powers are desperately needed to keep up with advances in technology.

FEATURE: An independent evaluation of the national Liaison and Diversion scheme undertaken in police custody suites and courts across England has found that the programme may halve the likelihood of service users being jailed, and save the criminal justice system up to £41.5 million.

OPINION: Serious public disorder has been a regular feature of news bulletins in recent weeks, from Bristol and Clapham Common to Belfast and Ballymena; public order expert and former chief superintendent Owen West believes a lack of clarity over coronavirus regulation has been a major factor – and if unresolved, could lead to a summer of potentially violent unrest.

OPINION: Canada already has strict gun laws in place, at least in comparison to its US neighbour; but Carleton University’s Noah Schwartz believes that attempts to introduce new American-style firearms legislation could create confusion and inconsistencies, while doing little to dissuade criminals from using guns.

OPINION: Frustrated at being unheard, and feeling – in the context of protest at least – they are losing the battle of public opinion, UK policing has been left to fight alone in a no-win situation; what happens next is crucial, says public order expert and former Chief Superintendent Owen West, and cannot be allowed to risk the covenant between police and communities.

ANALYSIS: While the UK, North America and Europe have taken steps to list violent far-right groups as terrorist organisations, Australia has been slower to make the same move; Analyst Dr Teagan Westendorf of the Australian Strategic Policy Institute believes it’s important to do so soon – and in a meaningful way – to enable police to tackle the threat.

ANALYSIS: The Victims’ Commissioner recently called for enhanced support measures under a new Victims Law. One of her more ambitious proposals is the introduction of free and independent lawyers to support rape victims on issues of privacy. Ellen Daly and Dr Olivia Smith of Loughborough University evaluate the scheme and show that legal representation can benefit victims and investigating officers without detriment to fair trial.

FEATURE: Children as young as eight were among rioters involved in six nights of violence in Northern Ireland’s Derry City in 2018, caught up in the sectarian conflict orchestrated by paramilitary gangs; since then a new diversion initiative, led by youth services and involving police and other agencies, has had a significant positive impact, as Policing Insight Contributing Editor Tina Orr Munro reports.

OPINION: Governments and police agencies around the world are looking for the most effective ways to tackle organised crime; Australian law enforcement and security analyst Teagan Westendorf believes the introduction of Magnitsky-style legislation and the use of sanctions against major criminals could be a valuable, targeted law-enforcement tool.

ANALYSIS: The Police, Crime, Sentencing and Courts Bill 2021 announced by the Government last week looks set to change the nature of protests in the UK, while also placing a greater onus on police to consider the noise and disruption impact of public assemblies, says public order specialist and former Chief Superintendent Owen West.

ANALYSIS: A wide range of measures were introduced across the criminal justice system in the UK to reduce the spread of the coronavirus, including greater use of remote legal advice for those in police custody; but as Penelope Gibbs, Director of Transform Justice explains, a new report highlights both the lack of meaningful monitoring of such measures, and their potential to compromise justice and jeopardise fairness.

FEATURE: The National Youth Advocacy Service (NYAS) has launched the Trouble with the Law campaign, urging police and crime commissioner candidates to make an election commitment to protect and empower care-experienced children and young people; Joshua Williams, NYAS Public Affairs Officer and Jennifer Downie, NYAS Policy and Research Officer, explain why it’s important to keep care-experienced young people out of the criminal justice system.

OPINION: Proposals by the UK Government to criminalise trespass look set to affect Travellers more than any other group; but Helen O’Nions, Senior Lecturer at Nottingham Trent University, warns that the laws will contradict human rights legislation, lack support, and be very difficult to enforce.

OPINION: With the debate around the legalisation of heroin back in the headlines, Professor Bill Bogart of the University of Windsor sets out the case for legalisation and strict regulation of all currently illegal narcotics, with decriminalisation as the first step towards resolving the failed war on drugs.

OPINION: With the COVID-19 lockdown pushing the Crown Court backlog of cases to 54,000 and rising, finding ways to safely speed up the delivery of justice are crucial; Dr Johann Grundlingh, CEO of SFR Medical, believes streamlining the medical evidence process could bring real benefits.

FEATURE: The Coronavirus pandemic has put huge pressures on the criminal justice system, and could have an impact on the courts and policing for many years to come; Policing Insight Deputy Editor Sarah Gibbons looks at two recent reports that both warn of critical risks and the need for a radical overhaul.

INSIGHT: In an increasingly digital world, the role of forensic linguistics will be crucial to law enforcement as an aid to correctly identifying text authors and voices, so investment in research and awareness raising among police officers and the judiciary, are vital to its success. Georgina Heydon outlines how this powerful, yet little known, tool can be integrated into investigations.

OPINION: Deferred prosecution – which offers alleged offenders a diversion and rehabilitation programme rather than the court process – has been piloted by two UK police forces with impressive early results; Penelope Gibbs, Director of Transform Justice, believes with more research the initiative could prove to be a game changer.

OPINION: There are calls for a return to ‘pre-charge bail’ in the UK, which was radically changed and widely replaced by ‘released under investigation’ conditions in 2017; but Penelope Gibbs, Director of Transform Justice, fears the move is being driven by assumptions rather than research or real evidence about what is most effective.

OPINION: Former armed forces personnel make up the UK’s largest group of male prisoners by occupation, so what more can be done to support ex-service mean and women in the CJS? Sarah Grand-Clément, senior analyst at RAND Europe and one of the authors of a new report into the issue, believes there are more steps that police and government can take to provide targeted support to those from a military background.

FEATURE: With COVID-19 contributing to a court case backlog in the UK that may take years to clear, out-of-court disposals (OOCDs) could offer an alternative to court for low-level offenders, while also providing early, effective interventions; Andrew Inwards of Fujitsu outlines the company’s co-creation work with police forces to develop a fast, effective OOCD app.