Criminal justice

ANALYSIS: From their earliest implementation by the US in the 1990s to tackle Colombian drug cartels, the potential use of sanctions to target organised crime is attracting growing attention beyond the States; Policing Insight contributor Cathy Haenlein explores some of the key issues highlighted by recent research to assess the wider practical application of the approach.

OPINION: A youth ‘crime wave’ in Alice Springs – partly blamed on last year’s lifting of ‘Intervention’ laws – has led to more officers on the streets and more youngsters locked up; but Professor Thalia Anthony and Researcher Vanessa Napaltjari Davis argue that this ‘knee-jerk’ law and order response ignores longer term Royal Commission calls for a more humane response to young people and for greater support for First Nations families and organisations.

END OF YEAR REVIEW: As 2022 draws to a close, Policing Insight Editor Keith Potter looks back over some of the key law enforcement themes covered over the past 12 months, the challenges met and opportunities offered, and our continuing commitment to provide a platform for sharing expertise, understanding and best practice throughout 2023.

INTERVIEW: Metropolitan Police Commander Dr Alison Heydari, the UK’s national lead on out-of-court disposals, is looking to rebrand the sanctions to reduce reoffending, address offender needs and improve public trust, confidence and legitimacy, as she explained to Policing Insight’s Sarah Gibbons in this second part of her recent interview.

OPINION: New research by Dr Kate Puddister, an associate professor at the University of Guelph, and Queen’s University doctoral candidate Danielle McNabb, suggest that not only is sexual violence by police officers in Canada more common than expected, but that allegations of sexual assault against officers are less likely to be fully investigated, or lead to charges or convictions, than other such assaults reported to police.

OPINION: With growing poverty and social exclusion – driven by the UK’s cost-of-living crisis – set to increase low-level crime, anxiety and poor mental health, Revolving Doors Chief Executive Pavan Dhaliwal says that new polling highlights public concern about the potential for a crisis of crime, and believes innovative policing approaches could be the key to criminal justice reform that would protect resources while supporting those who offend onto better lives and desistance.

ANALYSIS: Senior UK police chiefs met with the Prime Minister and Home Secretary earlier this month to discuss the criminal activism in some recent protests, with Mr Sunak pledging to give police “whatever they need” in relation to additional powers; but Policing Insight’s Graham Wettone, a subject matter expert on public order policing and protest groups, believes more effective use of existing legislation, together with a stronger response from the criminal justice system, could bring greater benefits than new laws.

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.

INTERVIEW: Ahead of this week’s Inspire Justice Awards, keynote speaker Gethin Jones, Founder at Unlocking the Potential, spoke to Dominic Louks, Product Marketing Manager at Skills for Justice, about his experiences of the justice system, how the staff roles being celebrated at the awards helped turn his life around, and what the future holds for Unlocking the Potential.

ADVERTISEMENT FEATURE: In August 2021 HM Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing and the Independent Office for Police Conduct (IOPC) published a report in response to the super-complaint submitted by the Centre for Women’s Justice on the police use of protective measures in cases involving violence against women and girls (VAWG). Razi Hassan of the Domestic Abuse Alliance reviews the recommendations set out in the report and explains how the WEPROTECT instant victim referral service accelerates access to legal assistance and intervention.

OPINION: The recent Sentencing Council report highlighting the limited deterrence effect of harsher custodial sentences was described by some as a revelation; but Policing Lecturer Tom Andrews argues that diversionary programmes, as well as the possibility of being caught – rather than the potential severity of the punishment – have long been recognised as more effective approaches to preventing offending.

OPINION: A spate of juvenile charges being laid in youth courts in New Zealand has reignited the debate around whether the country needs to raise its criminal age of responsibility; Professor Claire Breen of the University of Waikato argues that increasing the age of responsibility from 10 to 12 or older would see children still face the consequences of their actions, but escape being caught up in the criminal justice system.

ADVERTISEMENT FEATURE: Policing is changing, and nearly every job now has a digital element attached to it. Like most police forces around the world, Nottinghamshire Police is experiencing a massive increase in digital evidence. To provide the best possible service to victims of crime, as well as businesses and communities, Nottinghamshire needed a better way to manage it. NICE Investigate is helping Nottinghamshire modernise its approach, to reduce the risk to victims and become a more efficient and agile force.

OPINION: Measures around UK public order policing that were defeated in the Police, Courts, Crime and Sentencing Bill are now making their way through Parliament in the Public Order Bill, prompting impassioned debate along the way; Senior Policing Lecturer Owen West, a former chief superintendent and public order policing specialist, argues that while the proposals may enthuse government supporters, they are not in the interest of the public or the police service.

FEATURE: A new report from Europol has highlighted some of the policing and legislation challenges posed by the emergence of the metaverse, and warned that failing to ‘stay abreast’ of the new technology will leave law enforcement playing catch-up in the same way it has been forced to do with digitally enabled crime, as Policing Insight’s Sarah Gibbons reports.

OPINION: Despite pervasive ‘common sense intuitions’ to the contrary, a new report from the Sentencing Council for England and Wales states there is no evidence that harsher sentences deter crime; Penelope Gibbs, Director of Transform Justice, believes the findings of the report underline the need for a more effective sentencing regime that can help to reduce both crime and prison populations.

ADVERTISEMENT FEATURE: Until recently, UK police forces had to rely on manual processes to share digital evidence with the Crown Prosecution Service (CPS). This involved copying evidence onto CDs, DVDs, USB drives and paper files, and hand-delivering them to the CPS. Increased wait times for evidence in turn resulted in slower pre-charge and remand decisions. With new national requirements now mandating that all digital evidence be shared with the CPS electronically, many UK forces, including Leicestershire Police, are working with NICE to forge a better way.

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.

ANALYSIS: A new report has highlighted the disadvantages faced by those who are neurodivergent in their dealing with the police, courts, prisons and the wider criminal justice system, and has called for more training for frontline workers in understanding the effect on behaviour of conditions such as ADHD, learning difficulties and acquired brain injury, as Policing Insight’s Sarah Gibbons reports.

FEATURE: A collaborative approach between police, prison and probation services to the threat posed by organised crime groups in prisons was one of the more innovative measures within the Government’s 2018 Serious and Organised Crime Strategy; new research with police officers and prison staff on Humberside offers the first evaluation of the approach, highlighting the ‘cultural shift’ driven by this multi-agency response, as Policing Insight’s Keith Potter reports.

ANALYSIS: New research has highlighted the need for a fresh approach to the risk assessment and management of registered sex offenders (RSOs), based on rapport rather than traditional investigative interviewing techniques; Policing Insight’s Sarah Gibbons spoke to Dr Leona Mydlowski about her review findings, the recommendations for a rethink of training, and why the focus should move from previous offences to what RSOs need to prevent future reoffending.

OPINION: The campaign to raise the age of criminal responsibility in Australia from 10 to 14 continues to gather pace; but Dr Terry Goldsworthy, a former police officer and now Associate Professor at Bond University, argues that incarceration of youth offenders is a sentencing outcome rather than a determination of criminal responsibility, and raising the age of responsibility will do little to address the underlying causes of youth crime.