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UK Justice Policy Review
Volume 7
From Brexit referendum
to General Election
24 June 2016 to 8 June 2017
by Richard Garside,
Roger Grimshaw and Matt FordUK Justice Policy Review
Volume 7
From Brexit referendum to General Election
24 June 2016 to 8 June 2017
by Richard Garside,
Roger Grimshaw and Matt Ford
About the authors
Richard Garside is Director, Roger Grimshaw
is Research Director, and Matt Ford is
Research Analyst, all at the Centre for Crime
and Justice Studies.
Acknowledgements
Without the generous support of The Hadley
Trust this publication would not have been
possible. We thank them for their support for
this series. Thank you to Tammy McGloughlin
and Neala Hickey for their production work
and to Steve Swingler our designer.
Registered charity No. 251588
A company limited by guarantee
Registered in England No. 496821
Centre for Crime and Justice Studies
2 Langley Lane
Vauxhall
London
SW8 1GB
info@crimeandjustice.org.uk
www.crimeandjustice.org.uk
©Centre for Crime and Justice Studies
June 2018
ISBN: 978-1-906003-65-4
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
2Contents
Executive summary 4
Introduction 6
Speeches 8
Legislation 12
Police 14
Data dashboard 20
Courts and access to justice 22
Prisons 26
Probation 32
Coming up: after the General Election 36
Technical appendix 38
CENTRE FOR CRIME AND JUSTICE STUDIES
3Executive summary
Overview Act, the Prison and Courts Bill, the Preventing
and Combating Violence Against Women and
This is the seventh volume in the UK Justice Domestic Violence (Ratification of Convention)
Policy Review series, covering the period from Act, the Domestic Abuse (Scotland) Bill, the
the referendum on the UK’s membership of the
Limitation (Childhood Abuse) (Scotland) Bill, and
European Union in June 2016 to the snap General
the Railway Policing (Scotland) Bill. The Northern
Election in June 2017. It assesses and explains
Ireland Assembly was not sitting for much of this
criminal justice developments across the United
period and no relevant legislation was passed.
Kingdom’s three criminal jurisdictions of England
and Wales, Scotland and Northern Ireland.
Police
This Review, like previous editions, focuses on
the key criminal justice institutions of policing, This section gives an overview of key
the courts and access to justice, prisons, and developments in policing across the criminal
probation across the UK. It combines concise, justice jurisdictions of the UK. It begins with an
critical analysis of policy developments with key analysis of the rise in hate crime following the
data on the main trends. Brexit referendum and terror attacks in London
and Manchester. Policy responses to hate and
Speeches vulnerability in each jurisdiction are then covered.
The first section covers four speeches made The rest of this section discusses issues around
by leading politicians in each jurisdiction. This the scrutiny and accountability of the police,
includes two contrasting speeches on criminal including: developments around historic
justice reform, one by the former England and controversies surrounding South Yorkshire
Wales Justice Secretary Liz Truss, and the other Police; the inquiry into police spying; ongoing
by the former Northern Ireland Justice Minister problems with the practice of stop and search;
Claire Sugden. how complaints about the police are handled;
Similarly contrasting speeches on police reform by and developments in police governance. Debates
Scottish Justice Secretary Michael Matheson and around police numbers and funding, which gained
by the former Home Secretary Amber Rudd are renewed energy during the General Election
also examined. period, are covered at the end of this section.
Legislation Data dashboard
This section covers key legislation that passed The data dashboard shows changes in criminal
through the UK parliament and the devolved justice expenditure, staffing levels and the number
assemblies during the period under review. of people criminalised and subject to various
This includes: the Criminal Finances Act, the criminal justice sanctions, in each jurisdiction
Investigatory Powers Act, the Policing and Crime between the review year and 2012/13 and 2016/17.
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
4Courts Probation
The section on courts begins by charting Liz Truss’ The section on probation begins by tracking the
short but gaffe-prone tenure as Justice Secretary implementation of the beleaguered Transforming
for England and Wales. Further developments in Rehabilitation reforms in England and Wales
the drive to digitise aspects of court proceedings during the year in review. Newer arrangements
and move away from physical courts are then in Scotland, following the reorganisation of
highlighted. This includes an infographic community justice in 2016, are contrasted with
highlighting the large-scale programme of court those of England and Wales. Activity around how
closures in all three jurisdictions on page 23. probation work in Northern Ireland was used
to prevent reconviction and avoid short prison
This section goes on to describe how cuts to
sentences are covered at the end of this section.
legal aid have continued to be implemented
An infographic on page 35 shows the different
and examines their impact across the three
reconviction rates in England and Wales, Scotland
UK jurisdictions. Declines in the numbers
and Northern Ireland.
of magistrates and cases going through the
magistrates’ courts, as well as debates around
increasing their sentencing powers, are outlined.
Coming up
The final section previews some of the main
Prisons elements that will be covered in more detail
in the next edition of UKJPR. This includes:
The section on prisons covers developments in
The reverberations of the 2017 General
each jurisdiction separately. Key elements of the
Election, including the Conservative loss
reform agenda for England and Wales set out in
of its parliamentary majority and the lack
the White Paper, Prison Safety and Reform, as well
of legislative activity. The formation of Her
as its uneven implementation, are highlighted.
Majesty’s Prison and Probation Service and
Page 27 includes an infographic giving an
the effects of continuing increases in resource
overview of all six areas covered by the White
demands in prisons. Intense scrutiny of the
Paper.
probation reorganisation in England and Wales.
In Scotland key developments include the Accountability issues surrounding the new police
progress of ambitious plans to reconfigure the complaints body, the UK National Preventive
women’s custodial estate and concerns about the Mechanism and the refusal of the Scottish Justice
state of healthcare in Scottish prisons. Levels of Secretary to extend the police spying inquiry to
safety in prisons are assessed through inspection Scotland. Questions over the sustainability of
reports and reviews in each jurisdiction during the continued spending cuts; and the implications of
year in review. Brexit on criminal justice policy.
CENTRE FOR CRIME AND JUSTICE STUDIES
5Introduction
From Brexit referendum to General relationship? Here we take forward the story of
Election the exceptional focus that prevailed in this period
upon what the future might hold.
This edition of UK Justice Policy Review (UKJPR)
EU cooperation in justice and security covers
covers the period between the ‘Brexit’ referendum
a number of fields (see EU cooperation). The
on 23 June 2016, and the 8 June 2017 General
UK’s approach to EU justice measures involved
Election.
selective ‘opt-ins’ rather than full participation.
On 13 July 2016 the new Prime Minister, Theresa The government subsequently expressed a wish to
May gave a speech setting out her vision for maintain a close relationship with EU institutions.
Britain. How she came to her new position By refusing to accept the jurisdiction of the Court
is a story directly related to the result of the of Justice of the EU in the future, the government
referendum, which had led to the resignation of was faced with the question about how disputes
David Cameron. With a new government came might be settled once the UK departed.
new challenges and responsibilities, chief among
Under the Scotland Act 1998, policing and
them: to face the consequences of the referendum
criminal justice were devolved matters, with
and to chart a new path in Europe.
some exceptions such as terrorism. While the
Theresa May spoke of leading a ‘one-nation’ UK government sets the direction of the UK’s
government and tackling injustices, including relation with EU justice, the Scottish government
discrimination in criminal justice. Her broad has a voice, pointing out how a common justice
statement of intent opened a fresh chapter in policy is complementary to the development
policy discussions. The enormity and complexity of a European market. Sections of the justice
of the Brexit task quickly overwhelmed the system in Scotland have been direct participants
government, preventing many potential policy in EU justice institutions: for example, the Crown
initiatives, including in the area of criminal Office and Procurator Fiscal Service has been
justice, at least in England and Wales. The represented in the UK’s Eurojust oversight board;
collapse of power-sharing in Northern Ireland in a Police Scotland officer has been assigned to the
early 2017 brought the ongoing criminal justice Europol Liaison Office in The Hague.
reform programme to a juddering halt. During
If the result of the referendum was unexpected, it
this period, it was only Scotland that had a
added a completely new dimension to the policy
government that could claim to be ‘strong and
scene in the period under review. Not surprisingly
stable’.
there was no shortage of high-level inquiries
dedicated to Brexit.
Implications of the Brexit decision for
In Scotland a national Summit on EU Justice
criminal justice
was convened in November 2016, at which
This review begins at the moment when the EU Scotland’s relationships with agencies such as
referendum decision signalled an impending Europol, and access to measures such as the
withdrawal from the EU. What would be the future European Arrest Warrant were rated highly. In
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
6EU cooperation
Brexit has thrown into question the future of international information about people identified as criminals and
criminal justice cooperation in Europe. terrorists from across the EU.
In relation to mutual recognition of decisions, participation •Eurojust coordinates investigations and prosecutions in
in EU agencies, and information sharing, questions about cases of international crime.
continuing cooperation were posed.
Mutual recognition
Information exchange •The European Arrest Warrant facilitates extradition, relying
•The Second Generation Schengen Information System on mutual recognition of Member States’ laws. Similarly a
records and updates data about people and objects (such system of prisoner transfers enables convicted prisoners
as vehicles) of interest to EU law enforcement agencies. to serve sentences in their country of nationality or
•The European Criminal Records Information System habitual residence, provided they have 6 months to serve.
enables the exchange of information on criminal •The European Investigation Order applies to evidence the
convictions between Member States. principle of mutual recognition.
•Passenger Name Records for flights into the EU are shared •The European Supervision Order applies to pre-trial
across Members. supervision.
•The so-called Prüm Decisions affect the exchange of data •The European Protection Order enables measures to
on matters such as biometrics. be imposed in order to give EU-wide protection for a
•The fourth EU Money Laundering Directive encourages person against a criminal act. Courts are required to treat
sharing of financial intelligence. convictions in another Member State in the same way as
convictions in their own jurisdiction.
Cooperation
•Europol supports cooperation against terrorism and
serious crime. The Europol Information System contains
December 2016, the House of Lords EU Home close relationship’ with the EU on cooperation
Affairs Sub-Committee issued a report of its to combat crime and terrorism. Criminal justice
inquiry into future UK-EU security and policing would be included in phased implementation
co-operation. The National Crime Agency viewed arrangements. It emphasised too that it was
access to Europol information as highly desirable consulting with the regions and nations of the UK.
while the Director of Public Prosecutions valued
In March 2017, the House of Commons Justice
the cooperative strength of Eurojust. The Sub-
Committee published a report on Implications
Committee also heard evidence questioning how
of Brexit for the justice system. The Committee
UK participation in the European Arrest Warrant
might continue. The Committee judged that there noted strong support for existing EU cooperation
was no satisfactorily complete model for future arrangements among many submissions to its
relations in the existing agreements between the Inquiry. In a riposte to the apparent stance of the
EU and third-party countries. It also warned about government, it warned against tactical bargaining
the UK’s loss of influence on EU decision-making. with the EU on criminal justice.
The Committee on Exiting the European Union Meanwhile, the government embarked on
published its report on the process for exiting handling the ‘normal’ business of criminal justice,
the European Union and the government’s facing a series of ‘home-grown’ challenges that
negotiating objectives in January 2017. In demanded just as much urgency. The following
March 2017 the government responded to the sections shed light on the extent to which those
recommendations of the Committee. It reiterated responsible for criminal justice policy succeeded
its commitment to negotiating a ‘strong and in meeting these challenges.
CENTRE FOR CRIME AND JUSTICE STUDIES
7Speeches
On 21 July 2016, Liz Truss was sworn in as the first claimed were the four main bones of contention in
female Lord Chancellor. ‘The duties that go with relation to sentencing and the prison population.
this role today – to respect and defend the rule of First, that sentences are too long; second, that
law and the independence of the judiciary – must prisons are too overcrowded to work; third, that
be upheld now as ever’, she said in her swearing- the wrong people are in prison and; fourth, that
in speech. ‘In my time as Lord Chancellor, I will the management of the prison population requires
uphold them with dedication’. She returned to improvement. On each of these four issues she
her role as a defender of judicial independence in sought to mark out a distinctive position that
early October, in a speech marking the opening neither accepted mainstream reformist demands,
of the legal year: ‘I am determined – as Lord nor embraced the tough ‘lock ‘em up’ policies of
Chancellor – to respect the rule of law here some, at least, of her predecessors.
and abroad, to defend the independence of the
Sentence lengths, she argued, had increased
judiciary’. Less than a month later, her lukewarm
for some offences, but they had not ‘gone up
defence of judicial independence, in the face of
across the board’. There had been a decline in
tabloid attacks on three High Court judges, dealt
short sentences and a rise in sentences for more
her reputation a severe blow; a blow from which
serious offences, such as sexual offences and
she never really recovered (see Enemies of the
violence. This reflected a welcome shift in societal
people, p. 22).
attitudes, which ‘no longer shames victims of
This section begins with an assessment of what rape... is prepared to confront child sex abuse,
was probably the most significant speech given by and has brought domestic violence out in the
Truss during the period under review: her February open’. In a clever riposte to the standard reformist
2017 speech on criminal justice reform. Her complaint about the overuse of imprisonment, her
vision in this speech contrasted strongly with that message was that more people were now properly
of the Northern Ireland Justice Minister, Claire being imprisoned for serious offences; fewer were
Sugden, set out in a speech to the Centre for
being imprisoned for more minor transgressions.
Crime and Justice Studies the previous October.
Also in this section are two contrasting speeches In November 2016, Truss’ predecessor, Michael
on police reform: the first by the Scottish Justice Gove, had called for the early release of certain
Secretary, Michael Matheson to the Scottish Police prisoners to reduce overcrowding, in a speech to
Federation; the second by the Home Secretary, The Longford Trust. Now, in a coded attack, Truss
Amber Rudd to the Police Federation of England argued that such an approach ‘would be reckless
and Wales. and endanger the public’. In December 2016,
Ken Clarke and Jacqui Smith, both former Home
Secretaries, had joined forces with the former
No magic bullet
Deputy Prime Minister, Nick Clegg, in calling for
Though billed as being about criminal justice the prison population to be halved. But this too,
reform, Liz Truss’ speech on 13 February 2017 Truss argued, was not the right answer to prison
offered a narrower prospectus. In a carefully overcrowding. The answer, instead, was to invest
crafted intervention, she focused on what she in prisons so that they could ‘reform offenders
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
8and turn their lives around’. This, she said, was into the justice system and... ending up in prison’.
‘exactly what I am doing’ through the Prison and A problem-solving approach, she said, would
Courts Bill (see Legislation, p. 13). ‘redirect vulnerable people towards therapeutic
and other supportive interventions rather than
Truss did acknowledge that some people
defaulting into the formal justice system’. Over
are wrongly imprisoned, notably those with
time, this would lead to ‘a reduction in the
mental health problems. She called for a ‘more
number of vulnerable people in our prisons over
systematic, nationally consistent approach’
the next 15 years’.
towards mental health treatment. She also
acknowledged that the management of some In common with Truss, however, Sugden also
sentences, particularly the indeterminate sought to draw a distinction between the minor
‘imprisonment for public protection’ sentence, infractions that should not result in a prison
needed change. The Justice Secretary also injected sentence and the use of ‘the full weight of the
an element of urgency. Needed changes, she said law to deal with serious crime... This is not about
would, ‘take time and determination to deliver being soft on crime’.
but... we simply cannot afford to put this off any The Justice Minister also addressed the question
longer’. The 2017 General Election result ensured of Brexit, which presented ‘particular challenges’
that further delay would continue. for Northern Ireland. These included the shared
border with the Republic, with whom Northern
Problem-solving justice Ireland has a ‘particular historic cultural and
social ties’. Also at risk, she said, were justice
In her speech at the Centre for Crime and Justice collaborations across Ireland, EU instruments
Studies conference in October 2016, the Northern like the European Arrest Warrant, and mutual
Ireland Justice Minister, Claire Sugden explained recognition of court orders.
that a ‘problem-solving justice’ approach would
‘drive my reforms over the next five years’. This
Scotland does things differently
was not to be. The Northern Ireland power-
sharing executive collapsed three months later Early on in his March 2017 speech to the Scottish
and remained non-functioning during the rest Police Federation, Michael Matheson, the Scottish
of the period under review and beyond. The Justice Secretary, sought to draw a number
vision Sugden set out, however, offers a useful of dividing lines between his government’s
counterpoint to that of Liz Truss and highlights approach and that of the UK government south
the significant divergence of policy and approach of the border. In a speech devoid of a strong
across the UK’s different criminal justice or compelling narrative, Scotland does things
jurisdictions. differently was one of the few unifying themes.
In language that is out of fashion in England As in England and Wales, he noted, police officers
and Wales, Sugden spoke of the need for in Scotland could not take industrial action.
‘transformative change’ to address the problem Unlike in England and Wales, he added, nor can
of ‘far too many vulnerable people’ getting ‘drawn police officers in Scotland be made redundant.
CENTRE FOR CRIME AND JUSTICE STUDIES
9Speeches
Direct entry into Inspector and Superintendent jurisdiction for some years (see UKJPR6). It was
ranks, introduced in England and Wales, would a challenge that Scotland also faced, Matheson
not be introduced in Scotland. It ‘may be true’, he argued. To address this, the Scottish Government
said, that direct entry ‘breathes new life into the would be spending £35 million over five years
police and provides a fresh perspective’. But ‘there to support the recruitment of an additional 800
is something bigger at stake’, he argued. For a mental health workers.
senior officer to lead and command more junior
ranks, ‘a police officer must first have walked in Vote Conservative
their boots’.
In her May 2017 speech to the Police Federation
The College of Policing had announced that a
for England and Wales, just a few weeks before
degree level qualification would be required for
the General Election, the Home Secretary Amber
all new entrants to forces in England and Wales.
Rudd devoted much of her time to explaining
This would not be a requirement in Scotland,
why the police should vote Conservative. She
Matheson said. Finally, on the question of
was not doing this, she assured them, ‘for petty,
collective pay bargaining, which had so poisoned
party political reasons’, but because important
relations between the police and government
principles were at stake. ‘You’re not choosing
in England and Wales, Matheson committed
between Tony Blair and John Major; Gordon
the government to the principle of negotiated
Brown and David Cameron; even David Cameron
settlements, rather than the imposition of terms
and Ed Miliband’, she told her audience. Rather,
and conditions.
the choice was between ‘a party that have
Police funding and police officer numbers always stood for law order (sic)’ and a party
had been another major bone of contention whose ‘three most senior politicians... sound
in England and Wales. In Scotland, Matheson like a group of Marxists in a sixth form debating
expected ‘police officer recruitment to continue’ society’. Presenting Blair, Brown and Miliband
and welcomed Police Scotland’s commitment ‘to as the respectable face of the Labour party spoke
maintain officer numbers at the current levels’. volumes about the way the Corbyn-led insurgency
The Scottish Government, he said, was ‘protecting had overturned so many of the political certainties
the police resource budget in real terms in every of recent decades.
year of this parliament’. The only other part of the
Building on themes Rudd had developed in
public sector whose budgets had been protected
earlier speeches (see Key speeches, p. 11), she
in this way, he added, was the National Health
highlighted changes in crime that required
Service.
ongoing changes in policing. Criminals were using
The additional demands on police time ‘the internet and technology to prey on vulnerable
responding to those in mental health crisis had victims’. The ‘uncomfortable truths... about
been a preoccupation in the England and Wales the extent of child abuse’ required better police
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
10responses. Modern slavery needed to be treated
‘like the heinous crime that it is’. The job of police Key speeches
reform could not finish because ‘as crime is
changing, you will need to keep changing too’. 21 July 2016 Lord Chancellor swearing-in
Elizabeth Truss, Justice Secretary ceremony
In contrast to Matheson’s speech a few months
before, much of the rest of Rudd’s speech was 3 October 2016 Opening of the legal year
devoted to rehearsing the many differences Elizabeth Truss, Justice Secretary
between the Conservatives and the police. For
12 October 2016 Getting it right for child
sure, the government had responded to calls ‘to Michael Matheson, Scottish Justice Secretary witnesses
stop police officers doing the work of a doctor
or nurse, caring for mentally ill members of 19 October 2016 Speech to the Centre for Crime
Claire Sugden, Northern Ireland Justice Minister and Justice Studies conference
the public’. But compared with the Scottish
Government’s £35 million spending pledge, 3 November 2016 Prison reform
Rudd’s ‘£15 million invested in health based Elizabeth Truss, Justice Secretary
alternatives’ appeared somewhat paltry.
10 November 2016 Women in the legal industry
As for the areas of disagreement, she Elizabeth Truss, Justice Secretary
acknowledged police anger about pay and 10 November 2016 Economic crime
pensions, budgets, culture change and direct Amber Rudd, Home Secretary
entry. The police may have disagreed, she said,
16 November 2016 Police reform
but in each case, the changes had been ‘right for
Amber Rudd, Home Secretary
the country and the public’. The Conservatives
would ‘always back the police’, she said, ‘but 30 November 2016 Crimes against vulnerable
we also won’t shy away from taking the difficult Amber Rudd, Home Secretary people
decisions for the long-term good of policing and 30 November 2016 Security and counter-terrorism
the public’. Amber Rudd, Home Secretary
The police might not much like the look of 13 February 2017 Criminal justice reform
Conservative policies, was the message. The Elizabeth Truss, Justice Secretary
alternative they faced, however, was a Labour party
15 March 2017 Working together to end
led by politicians who wanted to ‘dismantle the Amber Rudd, Home Secretary modern slavery
police. Disband MI5. Disarm the police’. Given
that the recruitment of 10,000 more police officers 29 March 2017 Speech to the Scottish Police
Michael Matheson, Scottish Justice Secretary Federation
was a key General Election pledge for Labour (see
UKJPR Focus 1), it was unclear whether Rudd’s 17 May 2017 Speech to the Police Federation
version of ‘project fear’ was either accurate, or Amber Rudd, Home Secretary of England and Wales
would have the desired effect.
CENTRE FOR CRIME AND JUSTICE STUDIES
11Legislation
Various Private Members’ Bills, covering topics Investigatory Powers Act
as diverse as the age of criminal responsibility,
animal cruelty and stalking, were introduced into Legislation had previously been introduced on a
temporary basis after a critical European Court
UK parliament during this period. Only one, on
of Justice judgement. With its expiry due, new
violence against women, made it onto the statute
arrangements were proposed to consolidate
book. The Policing and Crime Bill (see the Policing
powers to obtain communications data and
section, p. 18) gained Royal Assent in January 2017.
update them for an internet world. During its
No relevant legislation completed its passage
parliamentary passage, the government made
through the Scottish Parliament during the period
amendments to ensure protections for legally
under review. The Northern Ireland Assembly was
privileged material and journalists’ sources.
not sitting for much of this period and no relevant A Technology Advisory Panel was created to
legislation was passed. advise on the impact of new developments. The
Opposition successfully sought amendments to
Criminal Finances Act limit data collection to investigations of offences
carrying a maximum sentence of at least 12
The leak of the so-called ‘Panama Papers’ in months, and to protect legitimate trade union
April 2016 raised the political temperature on activity.
tax avoidance. It was revealed that the father of
the Prime Minister, David Cameron, had run an
Violence Against Women Act
offshore fund. In September 2016, The Guardian
revealed that the Home Secretary, Amber Rudd, In June 2012 the UK signed the so-called ‘Istanbul
had been a director of offshore companies. Convention’ on preventing and combating
Prior to the Panama Papers leak, the National violence against women and domestic violence.
Crime Agency, the Treasury, the Home Office and In February 2015 the Joint Committee on Human
HM Revenue and Customs had all published Rights called on the then government ‘to prioritise
reports recommending further action on money ratification of the Istanbul Convention’. The
laundering, tax evasion and terrorist financing. Preventing and Combating Violence Against Women
The Criminal Finances Act introduced ‘Unexplained and Domestic Violence (Ratification of Convention)
Bill, to give it its full name, sought to enshrine
Wealth Orders’, which required individuals
the convention in UK law. It was one of those
suspected of serious criminality to explain the
relatively rare pieces of legislation: a Private
origin of their assets. Other provisions included
Member’s Bill that became law. Introduced by
greater information sharing between banks and
the SNP MP Eilidh Whiteford, the Bill gained
law enforcement agencies, and new offences
momentum when the Government Minister,
under which companies could be prosecuted for
Brandon Lewis, told the House of Commons in
failure to prevent tax evasion.
December 2016 that ‘the Government support the
Bill in principle’. It gained Royal Assent in April
2017.
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
12Prisons and Courts Bill related aspect was more extensive, seeking to
give legislative effect to the September 2016
Most of the government’s planned changes to Transforming Our Justice System programme (see
prisons did not require legislation (see Prisons, Courts, p. 22). The Bill failed to complete its
p. 26), which meant there was very little in the parliamentary progress before the 2017 General
Prisons and Courts Bill on prisons. The courts- Election.
Legislation
Date
Legislation introduced Status on 8 June 2017
UK Parliament
Type of
Age of Criminal Responsibility Bill 9 Jun 16 Did not progress
legislation
Animal Cruelty (Sentencing) Bill 4 Jul 16 Did not progress
Private Members’ Animal Fighting (Sentencing) Bill 4 Jul 16 Did not progress
Government Counter-Terrorism and Security Act 2015 (Amendment) Bill 29 Jun 16 Did not progress
Crime (Aggravated Murder of and Violence Against Women) Bill 31 Jan 17 Did not progress
Crime (Assaults on Emergency Services Staff) Bill 7 Feb 17 Did not progress
Criminal Finances Act 13 Oct 16 Royal Assent (27 Apr 17)
Genocide Determination Bill 13 Jun 16 Did not progress
Investigatory Powers Act 1 Mar 16 Royal Assent (29 Nov 16)
Malicious Communications (Social Media) Bill 4 Jul 16 Did not progress
Policing and Crime Act 10 Feb 16 Royal Assent (31 Jan 17)
Preventing and Combating Violence Against Women and Domestic 29 Jun 16 Royal Assent (27 Apr 17)
Violence (Ratification of Convention) Act
Prisons and Courts Bill 23 Feb 17 Did not progress
Public Authority (Accountability) Bill 29 Mar 17 Did not progress
Rehabilitation of Offenders (Amendment) Bill 26 May 16 Did not progress
Sexual Offences (Amendment) Bill 8 Feb 17 Did not progress
Sexual Offences (Pardons Etc.) Bill 29 Jun 16 Did not progress
Stalking (Sentencing) Bill 12 Oct 16 Did not progress
Unlawful Killing (Recovery of Remains) Bill 11 Oct 16 Did not progress
Violent Crime (Sentences) Bill 22 Mar 17 Did not progress
Scottish Parliament
Domestic Abuse (Scotland) Bill 17 Mar 17 In progress
Limitation (Childhood Abuse) (Scotland) Bill 16 Nov 16 In progress
Railway Policing (Scotland) Bill 8 Dec 16 In progress
CENTRE FOR CRIME AND JUSTICE STUDIES
13Police
Introduction as controversial practices slowly emerged into
daylight, putting the integrity of officers and forces
The divisive images of migrants deployed in some into question.
EU referendum propaganda were not easy to forget,
The accountability of police continued to be a
but it is sometimes hard to recognise that public
theme in public discussions but it was the General
events have consequences for private experiences.
Election and the incidents surrounding it which
So it was still possible to feel a shock when official
were to place police numbers, after years of cuts,
sources confirmed that the EU referendum – and
in the front line of party political exchanges.
the Westminster Bridge attack in March 2017 –
had contributed to increases in police-recorded
hate crime, much of it racist in intent. Hate crime
Victims were putting their faith in the police to While the EU referendum and the Westminster
intervene on their behalf, and the Government Bridge attack in March 2017 were found to have
sought to remedy defects in the service they been associated with recorded increases in hate
had been receiving. The fate of vulnerable crime, the annual statistical trend was just as
groups more generally occupied the attention of concerning.
legislators, who voiced their own concerns.
The threats became more evident as all
In addition, the police were the subject of inquiry classifications of hate crime continued to rise (see
and scrutiny during the period under review, Hate crime).
Hate crime
Race Religion Sexual Disability Transgender
orientation
2011/12 -
2016/17 74% 267% 111% 218% 399%
2015/16 -
2016/17 27% 35% 27% 53% 45%
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
14The police-recorded figures rose partly as a Responses to hate and vulnerability
result of changes in crime recording procedures.
In July 2016 the government had published an
According to the October 2017 Home Office
action plan, Action against Hate. It acknowledged
statistical bulletin, Hate Crime, England and Wales: that:
The increase over the last year is thought • victims of hate crime were less likely to think the
to reflect both a genuine rise in hate crime police had treated them fairly or with respect,
around the time of the EU referendum and compared with victims of crime overall
also due to ongoing improvements in crime • victims of hate crime were less satisfied by the
recording by the police. response they receive from criminal justice agencies
Increases also followed the explosion in Greater when compared with other forms of crime
Manchester in May and the London Bridge and The plan focused on challenging attitudes,
Borough Market attacks in June. The statistical supporting security measures to protect places of
rises point to the implementation of policy aimed worship, transport, and the night-time economy,
at addressing such problems, giving greater encouraging reporting of hate crime, improving
recognition to victim complainants. They also support to victims and impacted communities,
suggest there should be concern about the role and making better use of data. It also included
attention to representations of diversity in
of prejudiced representations across many media
conventional media as well as online hate crime.
in affecting public awareness and in securing
The patterns of hate crime in Wales and Scotland
the attention of racist and xenophobic elements
were described as similar to those in England.
responsible for attacks on community members.
The Home Affairs Committee continued to
As the General Election approached, the role of address issues of vulnerability, producing reports
social media was the focus of a Home Affairs on female genital mutilation and the work of the
Committee report: Hate crime: abuse, hate and Independent Inquiry into Child Sexual Abuse.
extremism online.
The Work and Pensions Committee took up the
The biggest and richest social media cause of slavery victims, criticising the police in an
companies are shamefully far from taking April 2017 report, Victims of modern slavery:
sufficient action to tackle illegal and The police are not as active as they should
dangerous content, to implement proper be on this front. There are thousands
community standards or to keep their of victims that have not come forward,
users safe. Given their immense size, potentially because they know that they will
resources and global reach, it is completely face limited support.
irresponsible of them to fail to abide by the Concerns about vulnerability had been reflected in
law, and to keep their users and others safe. the government’s Ending violence against women
CENTRE FOR CRIME AND JUSTICE STUDIES
15Police
and girls strategy, published in March 2016, and South Yorkshire
were acknowledged by the Home Office Minister,
Karen Bradley. However in the case of the police In April 2016 the inquest into the 1989
the distance still to be travelled was highlighted by Hillsborough disaster had delivered a verdict of
inspection evidence. unlawful killing. Investigations were launched into
possible criminal offences committed by police
Having noted the spike in hate crime associated officers and others, and attempts by police to
with the referendum, the Chief Inspector made cover-up their failures.
it clear, in his April 2017 State of Policing report,
that vulnerable groups including abuse victims, It was in the aftermath of the Hillsborough
verdict that attention became focused on how the
the elderly and others, should expect greater
families’ long fight for justice could have been
protection. Inspectors pointed out that the recording
avoided, had arrangements been in place to give
of vulnerability in victims varies widely among
families proper representation in public inquiries.
police forces, from 0.03 per cent to 34.3 per cent.
Introduced by Andy Burnham MP, in March 2017,
In the Welsh Assembly, the Equality, Local the ‘Hillsborough Law’, or the Public Authority
Government and Communities Committee (Accountability) Bill, would give families resources
reviewed the implementation of legislation to to make their case at inquests and make it illegal
combat violence against women, domestic abuse for people in public service to provide misleading
and sexual violence, calling for greater urgency. information.
In November 2016, Carl Sargeant, the Cabinet
In October 2016 another historic controversy
Secretary for Communities and Children in Wales,
concerning South Yorkshire police returned
had also introduced a five-year strategy to combat
to the public stage. A public inquiry into the
violence against women, domestic abuse and
clashes between police and striking miners at
sexual violence.
the Orgreave plant in 1984 was ruled out by the
The needs of vulnerable people were also Home Secretary, Amber Rudd, despite pressure
apparent in Scotland, as the Chief Inspector from campaigners and Labour MPs, including
of Constabulary in Scotland observed in his Andy Burnham, former Shadow Home Secretary.
December 2016 Annual Report: Questions about another police ‘cover-up’ were
deemed by the Home Secretary to be irrelevant
Police Scotland currently assess that 80%
to the present, in the light of changes in policing
of its demand is non-crime related, with
since the events took place.
a significant proportion of this relating to
vulnerable people and mental health issues.
Spying
In a report published in August 2016 – PEEL:
Police effectiveness (vulnerability) – inspectors Meanwhile another attempt to shed light on
judged that the Police Service of Northern Ireland problematic police practice was under way. A
needed to improve its response to vulnerable public inquiry into spying by undercover officers
people, especially the multi-agency handling of had been announced by the then Home Secretary,
domestic abuse. Theresa May, as long ago as 2014 (see UKJPR6).
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
16As many as 180 people have been identified as Stop and Search
participants in the inquiry.
Following the riots of 2011, there was notable
To those expecting greater transparency, never concern about levels of stop and search and
mind justice, the slow progress of the inquiry their effect on community relations. Long-term
has been remarkable, if not inexplicable. With reductions in stop and search were a consequence
its responsibility to examine spying from 1968 of the review held after the 2011 riots. In a July
onwards, the inquiry noted the marked absence of 2016 report on the College of Policing, the Home
documentation for the early years being reviewed, Affairs Committee expressed concern that some
despite being furnished with over a million forces were not complying with statutory Codes
documents by the Metropolitan Police. The police of Practice in relation to stop and search powers.
This ‘unacceptable’ failure led the Committee ‘to
have consistently defended the secrecy of their
question whether there is an enforcement deficit
operations, even suggesting that the inquiry
in the oversight of policing in England and Wales’.
proceed in secret with the exception of a final
report. Hence the inquiry has been preoccupied
by procedural questions about the disclosure of College of Policing
undercover identities. Not surprisingly the original As a further means of implementing change, the question of applying national
standards to all police forces engaged policymakers. The July 2016 Home Affairs
timeline for the final outcome which extended to
Committee report, College of Policing: three years on, noted an ‘alarming lack of
2018 will go further. consistency’ across forces in England and Wales in relation to the implementation
of national standards. Chief Constables and Police and Crime Commissioners were
The issues raised by the inquiry have been echoed
failing to implement the College’s guidance and adopt best practice guidelines. The
in other UK jurisdictions. In August 2016 Claire College also lacked legitimacy among the police rank and file.
Sugden, the Northern Ireland Justice Minister,
The College had become ‘a permanent and essential part of the new landscape of
called for the extension of the inquiry to Northern policing’, and needed to become ‘an integral part of the policing structure’ across
Ireland, after revelations that undercover police England and Wales. Looking ahead, the Committee floated the possibility of the
College taking on ‘a more central role in police procurement’, including ‘by specifying
had operated there without the knowledge of
the standard equipment which forces should be purchasing’. This proposal came
local police. In September, the Scottish Justice against what the Committee described as the ‘astonishing’ failure of the 43 territorial
Secretary, Michael Matheson announced a review forces to ‘agree common standards’ for the procurement of police equipment.
of undercover policing to be led by the Chief
Inspector of Constabulary in Scotland.
From June onwards, Inspectors undertook
Following evidence of illegal requests by police
visits to 32 forces, assessing how far a code of
for communications data, a review by the Scottish
practice for stop and search, requiring greater
Police Inspectorate took place. The subsequent transparency, community involvement and
recommendations led to the creation of two reliance on intelligence, was being implemented.
counter-corruption groups, one chaired by In September, 13 forces that had failed inspection
the Deputy Chief Constable and the other by a standards were readmitted by the Home Secretary
member of the Scottish Police Authority. to the scheme for upholding ‘best use’ of the
CENTRE FOR CRIME AND JUSTICE STUDIES
17Police
powers. It was an illustration of the use of formal Governance
oversight powers within a complex system of
accountability. In Northern Ireland the collapse of power-sharing
early in 2017 left a vacuum in policymaking but
questions about future border arrangements were
Complaints beginning to be posed. Under the Fresh Start
Confidence in the complaints system had been Agreement of 2015 (see UKJPR6) a Joint Agency
undermined by failures documented in cases Taskforce was set up to implement cooperation
such as that of Sean Rigg’s death in police between the police forces on either side of the
custody, where the defects of investigation had border in Ireland.
been independently reviewed. In December 2016, the Chief Constable of the
In the Policing and Crime Act 2017, reforms were Police Service of Northern Ireland wrote about the
legislated promoting greater independence in Taskforce’s strategy for cross-border policing in a
investigations. When the body, newly renamed letter to the chair of the Northern Ireland Affairs
as the Independent Office for Police Conduct, is Committee:
aware of a complaint, it may consider the form The Strategy facilitates the co-ordination
of investigation – and commence it – without of joint policing activity in critical areas
the need for a referral from the police. If the such as community policing, rural policing,
Office determines that it must be involved in intelligence sharing and emergency
an investigation, the expectation is that the planning.
investigation should be independent. There will
The Police Service of Northern Ireland remained
be a duty to keep the complainant and interested
an active participant in the European Arrest
parties informed about the handling of a
Warrant.
complaint or matter, whether or not it is being
investigated. Complainants’ rights to challenge In Scotland a wide consultation on the ten-year
any decision taken were also strengthened. police strategy, Policing 2026, took place from
February to May 2017.
Also as a result of the Policing and Crime Act
2017, all complaints and matters concerning the A crisis in governance erupted when a cross-party
conduct of chief officers will go to the Office. committee of the Scottish Parliament wrote to
The position of ‘whistle-blowers’ will be further the Cabinet Secretary in May 2017, expressing
protected. very serious concerns about the Scottish Police
Authority Chair, Andrew Flanagan. Within several
There will be a power for designated bodies,
days the Justice Subcommittee on policing had
such as charities or advocacy groups, to make
written to declare no confidence in Flanagan.
‘super-complaints’ about any aspect of policing
Amid accusations of undue secrecy and
in England and Wales that causes significant
controlling behaviour, Flanagan resigned.
harm to the interests of the public. This is an
important change, the scope of which is likely to The ousting of Flanagan was in contrast with the
be tested in practice in the coming period. position of the Police and Crime Commissioners
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
18in England and Wales. Elections had been held in and the Manchester explosion during the
May 2016, so the newly elected Commissioners Election campaign itself, to stimulate renewed
were still in their first year of office. The two main attention and debate on police numbers.
parties had consolidated their grip, taking 35 out In May 2017 the Shadow Home Secretary, Diane
of the 40 offices contested. However, according Abbott, framed Labour’s commitment to recruit
to a study from Nuffield College, Oxford, the 10,000 more police officers in terms of restoring
notable absence of politicised policy stances was community policing resources.
expected to continue.
As the election date neared, Theresa May
said the government had protected counter-
Police staffing terrorism policing budgets and funded an
In the year from March 2016, there was a one per increase in the number of armed police officers.
cent decrease in overall police officers in England In contrast the Mayor of London, Sadiq Khan,
and Wales: a small decline, bearing in mind that foresaw thousands of community-based officers
between 31 March 2010 and 2017, police officer disappearing.
strength had fallen by 17 per cent, or by 20,592.
The numbers suggest that Police Community
Tackling policing challenges: a snail’s
Support Officers – supposedly the life-blood pace, or ahead of the curve?
of community-based policing – were especially Movements towards greater transparency and
vulnerable to cuts. Indeed the Chief Inspector justice in policing were slow to progress. In
lamented the decline of neighbourhood policing calling for increased openness and for adequate
more generally but seemed reluctant to engage support to families, the proposed ‘Hillsborough
in criticism of staff reductions. While police law’ marked a recognition of obstacles that were
numbers had declined, it was observed that broad in their implications, as the spying inquiry
central government funding was to be sustained also revealed. In this context the legislation
in real terms from 2015. on complaints against police may have seemed a
Controversy over funding provoked fears belated response to concerns about accountability.
about the sustainability of Police Scotland Vulnerable victims were a concerted topic
and the Scottish Government was accused of of attention in policy discussion but rises in
hiding a fall in police numbers. In December reported racist and xenophobic incidents raised
2016, Michael Matheson accepted that Police the spectre that ‘Brexit Britain’ would not be
Scotland’s budget was forecast to be overspent necessarily a fairer or kinder place.
by at least £17 million, accusing the UK
The series of attacks beginning in March with
government of denying the force its due VAT
the Westminster Bridge attack fed into concerns
income. Matheson’s speech to the Scottish
about security that would surface strongly in
Police Federation in March 2017 offered a bullish
the General Election of 2017 when, after years of
response to his critics (see Speeches, p. 9).
relative silence, police numbers came to be an
It took the Westminster Bridge attack in March, overtly contested campaign issue.
CENTRE FOR CRIME AND JUSTICE STUDIES
19Data dashboard
The three data dashboard charts offer an at-a- different agencies and fields of operation.
glance view of the key criminal justice data across
• Criminalising: the criminal justice caseload, from
the three UK jurisdictions at three points in time:
the point of an offence being recorded to the
the 2012/13, 2015/16 and 2016/17 financial years.
point of conviction.
This means key criminal justice changes can be
seen over a short and longer time period. • Punishing: the main outcomes from
convictions: fines, community supervision and
To make it as easy as possible to understand this
imprisonment.
mass of data, we have used a form of pie chart.
These represent the magnitude of different data, The area of each slice represents the value of the
relative to each other. indicator in a given year. Each slice is represented
proportional to the other slices in its domain.
The charts for England and Wales and Scotland
For instance, the slice representing court ordered
contain 57 ‘slices’ of data, and the one for
fines in England and Wales in 2015/16 (902,320) is
Northern Ireland contains 60 slices. All charts are
around ten times the size of the prison receptions
divided into four domains:
slice (91,308). The slices are not represented
• Spending: how much was spent across the proportionally across domains, nor between the
different agencies and fields of operation (e.g. different jurisdictions.
police, legal aid, prosecution).
For more information on the data dashboard, see
• Staffing: how many people worked in the the technical appendix on page 38.
England and Wales
rts a
nd Prosecution Police
2012/13 Couribunals
ing
£0.494bn
T
£0.494bn
nd
£0.590b
129,956
Pri
£1.70
pe
68
son
£0.9
2015/16
,507
Aid
124,3
S
£1.
654
al
6bn
68b
g
123
5
St
£1
116 n
n
e
40,
,69
2016/17
aff
.68 bn
n
L
5
£1
bn
34
ing
,79
£2
Pr
6b
.71
6
.26 ,46
ob
34
2
nt
age der
ati
£3
.84 bn
6 16 35
me
on
8,8
manOffen
£3. 2 b
823 n 8,6
93
bn
Couibunals
£3.9 69
tr
96b
n 18,2
rts an
£8.39 6
9bn 16,28
Police
d
£8.574b 15,7 94
n
£9.102bn 7,046
Prosecution
nce ents
134,726 5,793
on
Probatim
144,441 5,639
4,063
comme
78 ,571
157,8 4,50
Po
823 7,25
l
124,
i
8
c
crimecorde
4,9
e
9 65,
,60
r
bat on
270
115
e
37
ion
Propulati
90 0
2,0 32 ,635
11 5 1,0
d
po
,51 89
85
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dis -of-c rim
27 ,024
8
1,4 5,40
,30
4,5
t
po ou
92
on ions
1,4
63
91
sa
58
8,8
1,4
ls
9
513
t
1,20
ep s
10
1,255,0
rt
441
32,
1,225,768
814,018
rec Pri
ng
C
85,
4
Pro
69
902,320
910,53
6,55
hi
189
2
85,
sec
83,7
ina
nis ion lis utio
Pu ulat
13
3
ing ns
pop rison Conv
P fines ictions
Court-ordered
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
20Scotland
nd Prosecution
rts a Police
2012/13 Cou ibunals
tr
£0.109bn
£0.112bn
17,496
£0.111b
Pri
£0.00
7
son
1 7 ,3 1
2015/16
56
£ 0 .0
aid
£0.
17,2
50
g
al
din
1bn
11b
g
4,3
51
£0
020 n
n
e
St
2016/17
en
4,6
.14 bn
aff
n
L
Sp
£0
68
bn
£0
Pr
6b
ing
.15
4,5
.17 70
ob
ice ity
2,0
3
ati
£0 2
just mun
.02 bn 80
on
5 1,8
Com
£0. b 50
029 n 1,9
bn
Couibunals
£0.0 4
1,36
tr
33b
n
rts an
£0.33
1bn 1,512
Prison
d
£0.331b 1,533
n
£0.375bn 1,610
Prosecution
£1.107bn 1,607
Police
£1.138bn 1,617
5bn 273,0
£0.23 53
Police
246
08 ,243
20,5
crimecorde
238
bat ents
,65
482
r
1
20,
e
Pro encem
14
ion
9 0,5
,65 80
19 2 92
d
m
,70 ,30
com
18 2
Ou
di -of-
4
74
s
,95
t
p
11
,85
os cou
tio ion
7
17
6,6
,28
116
als
7
at
n
l
107
44,999
52
85
14
pu rt
,83
101,
po roba
75
7,5
Cr
Pro
49,872
,33
99,962
4
3
im
92,334
53,429
7,6
P sec
8,01
ina
019
8
utio
u lation g lis
ing ns
pop rison hin Conv
P unis fines ictions
P
Court-ordered
Northern Ireland
and
Courtsunals Prosecutio
ing Trib n
2012/13 end id Poli
Sp al a ce
£0.038bn
£0.042bn
£0.040bn
£0.044bn
Leg
£0.03
£0.04
£0.1
2
2015/16
7,50
£0.
38
on Pr
5bn
6bn
22b
ati
£0
126 n
7,2
i
32
.13
2016/17
£0
2
7,1
n
so
ob
bn
£0
9
8b
.01
1,9
n
Pr
.
£0 018
8
53
8b
.01 bn 46
1,
Sta
n
£0 9 1,4
.11 bn
Pro
3
ffin
40
on
4b
bat
£0.
g
Pris
119 n 352
ion
£0.1 b n
83bn 356
Courtsnaals
£0.91 762
tribu
7bn
Police
£0.919bn 669
nd
£1.023bn 680
2,644
Probatio ents
539
Prosecutio Poli
n
n commencem
2,737 509
3,122 481
98,5
n
7
2,34 105
58
54 ,02
ba n
2,3
Propulatio
98 3
crimecord
c
o
,07
e
16
ti
2,6 7 6
r
10
e ed
po
5 ,2
5,2 9, 79
31
8,0 26
0
n s
7
dis t-of
so tion
O
4,
04
8,2 4
u
p
37
o
p
72
-c sals
33
e
29,
,71
ing
rec Pri
92
1,4
27,6
ou
4
9
31,46
316
sh
1,5
13,129
24,379
rt P
18,205
1,77
22,956
12,12
ni tion
Cr ros
49
Pu ula
im ecu
tion
6
popPrison ina s
Convict lis
fines ed ions ing
Court-order
CENTRE FOR CRIME AND JUSTICE STUDIES
21Courts
A week after Liz Truss was appointed as Lord This dispute was but the most high profile of a
Chancellor and Justice Secretary in July 2016, series of controversies and gaffes that bedevilled
one of her ministerial colleagues, Lord Faulks, Truss’ term as Lord Chancellor. In September
resigned in protest. While having ‘nothing against 2016, she put in a mediocre performance in her
Ms Truss personally’, he told The Times, he first appearance before the House of Commons
doubted that she would have ‘the clout... to stand Justice Committee. Three months later, she told
up, come the moment... for the rule of law and MPs that prison dogs could be used to deter
for the judiciary… without fear of damaging her drones. In February 2017, a new rule on the
career’. A few months later, his concerns appeared maximum age of the Lord Chief Justice, agreed by
justified, following a damaging row involving a Truss, barred the front-runner, Sir Brian Leveson,
tabloid attack on senior judges (see Enemies of from applying. Critics labelled it a political, rather
the people). than judicial, decision. The following month
the Lord Chief Justice, Lord Thomas, accused
Enemies of the people the Ministry of Justice of ‘a complete failure
to understand’ new rules being introduced in
On 4 November 2016 The Daily Mail front page denounced three senior
relation to pre-recorded evidence in criminal trials.
judges as ‘enemies of the people’, after they ruled that the government
needed parliamentary approval prior to issuing formal notification of
the UK’s intention to leave the European Union. From physical to virtual courts
The Conservative former Attorney General, Dominic Grieve, described
the piece as ‘chilling and outrageous’, and ‘smacking of the fascist Over several years, hundreds of court buildings
state’. The Labour former Lord Chancellor, Charles Falconer, called were closed (see Court closures), as part of a
it a ‘vicious assault’. A belated and bland statement on judicial programme intended to update facilities and
independence by the serving Lord Chancellor, Liz Truss, the following introduce greater digitisation.
day did little to damp down the controversy. Truss reportedly faced
angry questioning by Conservative MPs at a private meeting a few In Scotland, an Evidence and Procedure Review,
days later. published in February 2017, set out a new model
In March 2017, Truss explained to the House of Lords Constitution for digital summary justice. This included
Committee that while she was ‘a huge believer in the independence proposals for digital pleas and, in the case of
of the judiciary’, she was also ‘a very strong believer in a free press’. a guilty plea, sentencing also to be conducted
It was for the judiciary, she suggested, ‘to respond to criticism and digitally, and without the defendants being
scrutiny’ and ‘make the positive case’, rather than a government minister. required to attend court. The report outlined
Appearing before the same Committee a few weeks later, the Lord
proposals for improved digital case management,
Chief Justice, Lord Thomas – one of the three judges denounced in The
Daily Mail – said that Truss had ‘taken a position that is constitutionally to speed up contested trials and reduce the
absolutely wrong’ and that he was ‘very disappointed’ that she had number of delays and cancellations. A further
done so. It was ‘the Lord Chancellor’s duty’, he said, to defend the Evidence and Procedure Review, published in
judiciary ‘from political interference, unwarranted and unsubstantiated June, recommended an extension of the visual
attacks and criticism in the exercise of their public responsibilities’. recording of investigative interviews and witness
The previous month, the author of The Daily Mail article, James statements in relation to child and vulnerable
Slack, had joined the Civil Service, as the Prime Minister’s official adult witnesses.
spokesperson.
In England and Wales, a strategy and consultation,
UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017
22You can also read
