Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 9780215038791
Category : Law
Languages : en
Pages : 72
Book Description
The Government has proposed that the Youth Justice Board (YJB) should be abolished, and its inclusion in the Public Bodies Bill is currently the subject of 'ping pong' between the two Houses of Parliament. The YJB is responsible for: advising the Justice Secretary on the operation of the youth justice system; monitoring the performance of that system; purchasing places for, and placing, children and young people remanded or sentenced to custody; disseminating effective practice; making grants to local authorities and others; and commissioning research and publishing information. The Government wants to transfer YJB's functions to a Youth Justice Division of the Ministry of Justice, arguing that this will restore direct Ministerial accountability. The Committee point out that if that does happen, certain steps must be taken to ensure that the new Division: is not part of NOMS; benefits from the establishment of a genuinely and visibly independent Advisory Board; improves the dissemination of best practice; and exercises 'light touch' oversight of Youth Offending Teams.
The proposed abolition of the Youth Justice Board
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 9780215038791
Category : Law
Languages : en
Pages : 72
Book Description
The Government has proposed that the Youth Justice Board (YJB) should be abolished, and its inclusion in the Public Bodies Bill is currently the subject of 'ping pong' between the two Houses of Parliament. The YJB is responsible for: advising the Justice Secretary on the operation of the youth justice system; monitoring the performance of that system; purchasing places for, and placing, children and young people remanded or sentenced to custody; disseminating effective practice; making grants to local authorities and others; and commissioning research and publishing information. The Government wants to transfer YJB's functions to a Youth Justice Division of the Ministry of Justice, arguing that this will restore direct Ministerial accountability. The Committee point out that if that does happen, certain steps must be taken to ensure that the new Division: is not part of NOMS; benefits from the establishment of a genuinely and visibly independent Advisory Board; improves the dissemination of best practice; and exercises 'light touch' oversight of Youth Offending Teams.
Publisher: The Stationery Office
ISBN: 9780215038791
Category : Law
Languages : en
Pages : 72
Book Description
The Government has proposed that the Youth Justice Board (YJB) should be abolished, and its inclusion in the Public Bodies Bill is currently the subject of 'ping pong' between the two Houses of Parliament. The YJB is responsible for: advising the Justice Secretary on the operation of the youth justice system; monitoring the performance of that system; purchasing places for, and placing, children and young people remanded or sentenced to custody; disseminating effective practice; making grants to local authorities and others; and commissioning research and publishing information. The Government wants to transfer YJB's functions to a Youth Justice Division of the Ministry of Justice, arguing that this will restore direct Ministerial accountability. The Committee point out that if that does happen, certain steps must be taken to ensure that the new Division: is not part of NOMS; benefits from the establishment of a genuinely and visibly independent Advisory Board; improves the dissemination of best practice; and exercises 'light touch' oversight of Youth Offending Teams.
HC 657 - Manorial Rights
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215081129
Category : Land tenure
Languages : en
Pages : 40
Book Description
Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.
Publisher: The Stationery Office
ISBN: 0215081129
Category : Land tenure
Languages : en
Pages : 40
Book Description
Manorial rights are certain rights which were retained by lords of the manor in England and Wales when land became freehold in the early 20th century, and can include rights to mines and some minerals, sporting rights such as hunting, shooting and fishing, and rights to hold fairs and markets. In the past such rights were not required to be detailed on theregister of title, but they remained overriding - that is they bound the owner of the affected and even though they may not have known about the rights. Changes made through the Land Registration Act 2002 sought to increase the transparency and knowledge of such rights by requiring that they be registered and removing their overriding status. This Act specified a deadline - October 2013 - by which such rights should be registered to ensure they could not be lost.
Women offenders
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: Stationery Office
ISBN: 9780215060075
Category : Law
Languages : en
Pages : 234
Book Description
Government plans to introduce payment-by-results in probation services need to be redesigned in respect of women offenders-who are often classified as presenting a lower risk of reoffending-so that they receive the intensive tailored support they need. The Government's strategic priorities for women offenders lack substance and in particular must take a broader approach to supporting women at risk of reoffending and addressing the inter-generational nature of crime. The Committee welcomes the Government's extension of through the gate statutory support to prisoners sentenced to less than 12 months, likely to benefit many women offenders. However, potential providers of rehabilitative services need to recognise that levels of risk posed by women may not reflect the level of support such women require. Although progress has been made since the Corston recommendations, a number of concerns remain: the women's prison population has not fallen sufficiently fast; over half of women offenders continue to receive ineffective short-custodial sentences; mental health and substance misuse treatment which could reduce use of custody remains unavailable to Courts in sufficient volume. Maintaining a network of women's centres and using residential alternatives to custody are likely to be more effective and cheaper in the long run than short custodial sentences. The Committee does not recommend substantive changes to the overall sentencing framework, but argues instead for more emphasis to be placed on ensuring courts are provided with robust alternatives to custody specifically appropriate to women
Publisher: Stationery Office
ISBN: 9780215060075
Category : Law
Languages : en
Pages : 234
Book Description
Government plans to introduce payment-by-results in probation services need to be redesigned in respect of women offenders-who are often classified as presenting a lower risk of reoffending-so that they receive the intensive tailored support they need. The Government's strategic priorities for women offenders lack substance and in particular must take a broader approach to supporting women at risk of reoffending and addressing the inter-generational nature of crime. The Committee welcomes the Government's extension of through the gate statutory support to prisoners sentenced to less than 12 months, likely to benefit many women offenders. However, potential providers of rehabilitative services need to recognise that levels of risk posed by women may not reflect the level of support such women require. Although progress has been made since the Corston recommendations, a number of concerns remain: the women's prison population has not fallen sufficiently fast; over half of women offenders continue to receive ineffective short-custodial sentences; mental health and substance misuse treatment which could reduce use of custody remains unavailable to Courts in sufficient volume. Maintaining a network of women's centres and using residential alternatives to custody are likely to be more effective and cheaper in the long run than short custodial sentences. The Committee does not recommend substantive changes to the overall sentencing framework, but argues instead for more emphasis to be placed on ensuring courts are provided with robust alternatives to custody specifically appropriate to women
The Budget and Structure of the Ministry of Justice
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 9780215047557
Category : Law
Languages : en
Pages : 96
Book Description
In the five years since the Ministry of Justice was created, it has made improvements to its structure and performance and is now a more integrated Department. However, the Ministry is still too much in thrall to the prison service: better integrated offender management would enable the Ministry to make the financial savings demanded of it but also provide a more effective service to clients, users and the wider public, and in particular to achieve its key objective to reduce re-offending. The Ministry has been subject to past criticism for poor financial management - missing the Treasury's deadline for the laying of accounts three years running, woeful inefficiency in the administration of legal aid and too much focus on policy at the expense of delivery. Following an in-depth investigation into all aspects of the Department's work, the Committee concluded that the Ministry has got a grip of the situation and is justifying the rationale for its creation. However, the MPs believe the Department could undergo further restructuring to create a single delivery body. Additionally, the current structure of the National Offender Management Service (NOMS), which continues to be driven by prison priorities, produces difficulties in reducing re-offending. The Committee also makes a number of further recommendations to improve how the Department functions
Publisher: The Stationery Office
ISBN: 9780215047557
Category : Law
Languages : en
Pages : 96
Book Description
In the five years since the Ministry of Justice was created, it has made improvements to its structure and performance and is now a more integrated Department. However, the Ministry is still too much in thrall to the prison service: better integrated offender management would enable the Ministry to make the financial savings demanded of it but also provide a more effective service to clients, users and the wider public, and in particular to achieve its key objective to reduce re-offending. The Ministry has been subject to past criticism for poor financial management - missing the Treasury's deadline for the laying of accounts three years running, woeful inefficiency in the administration of legal aid and too much focus on policy at the expense of delivery. Following an in-depth investigation into all aspects of the Department's work, the Committee concluded that the Ministry has got a grip of the situation and is justifying the rationale for its creation. However, the MPs believe the Department could undergo further restructuring to create a single delivery body. Additionally, the current structure of the National Offender Management Service (NOMS), which continues to be driven by prison priorities, produces difficulties in reducing re-offending. The Committee also makes a number of further recommendations to improve how the Department functions
HC 850 - Criminal Cases Review Commission
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215084659
Category : Law
Languages : en
Pages : 41
Book Description
The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.
Publisher: The Stationery Office
ISBN: 0215084659
Category : Law
Languages : en
Pages : 41
Book Description
The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.
Criminal Justice
Author: Peter Joyce
Publisher: Taylor & Francis
ISBN: 1000591271
Category : Social Science
Languages : en
Pages : 680
Book Description
This book offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. The fourth edition has been revised, updated, expanded and features a new expert co-author. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control, to diversity and discrimination, to the global dimensions of criminal justice, including organised crime and the role performed by transnational policing organisations to combat it. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance, and the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatisation, multi-agency working, community-based criminal justice policy and the impact of the Covid-19 pandemic on the delivery of criminal justice policy; a revised chapter that deals in detail with new and emerging forms of criminality and the response of the UK and global criminal justice system to these developments. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features include review questions, lists of further reading, timelines of key events and a glossary of key terms.
Publisher: Taylor & Francis
ISBN: 1000591271
Category : Social Science
Languages : en
Pages : 680
Book Description
This book offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. The fourth edition has been revised, updated, expanded and features a new expert co-author. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control, to diversity and discrimination, to the global dimensions of criminal justice, including organised crime and the role performed by transnational policing organisations to combat it. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance, and the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatisation, multi-agency working, community-based criminal justice policy and the impact of the Covid-19 pandemic on the delivery of criminal justice policy; a revised chapter that deals in detail with new and emerging forms of criminality and the response of the UK and global criminal justice system to these developments. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features include review questions, lists of further reading, timelines of key events and a glossary of key terms.
The Functions, Powers and Resources of the Information Commissioner
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 9780215055354
Category : Language Arts & Disciplines
Languages : en
Pages : 54
Book Description
The Information Commissioner's responsibilities look set to expand dramatically as a result of EU Data Protection laws and the possible implementation of recommendations about his role made in the Leveson Report. This could result in a funding shortfall of £42.8 million that may have to be paid for by the taxpayer. The removal of the notification fee payable to him by data controllers and other funding cuts could compromise his work unless Government finds a solution. The Information Commissioner has handled more casework and significantly cutting the backlog of freedom of information appeals at the same time as reducing his budget. The funding for freedom of information work was cut by 23% from £5.5 million in 2011-12 to £4.25 million in 2012-13. This report reiterates the Committee's recommendation that the penalties for data protection offences must be increased to provide a more effective deterrent and asks why the Government has not adopted recommendations that custodial sentences should be made available for breaches of section 55 of the Data Protection Act. There are also concerns that a significant number of public sector bodies that handle sensitive private data have refused free audits from the Information Commissioner that could identify security problems in the way they are handling data. The MPs call for compulsory audits to be extended to NHS Trusts and local councils. The Committee also reiterates its view that the Information Commissioner should be granted greater independence from the executive by being made directly responsible to, and funded by, Parliament
Publisher: The Stationery Office
ISBN: 9780215055354
Category : Language Arts & Disciplines
Languages : en
Pages : 54
Book Description
The Information Commissioner's responsibilities look set to expand dramatically as a result of EU Data Protection laws and the possible implementation of recommendations about his role made in the Leveson Report. This could result in a funding shortfall of £42.8 million that may have to be paid for by the taxpayer. The removal of the notification fee payable to him by data controllers and other funding cuts could compromise his work unless Government finds a solution. The Information Commissioner has handled more casework and significantly cutting the backlog of freedom of information appeals at the same time as reducing his budget. The funding for freedom of information work was cut by 23% from £5.5 million in 2011-12 to £4.25 million in 2012-13. This report reiterates the Committee's recommendation that the penalties for data protection offences must be increased to provide a more effective deterrent and asks why the Government has not adopted recommendations that custodial sentences should be made available for breaches of section 55 of the Data Protection Act. There are also concerns that a significant number of public sector bodies that handle sensitive private data have refused free audits from the Information Commissioner that could identify security problems in the way they are handling data. The MPs call for compulsory audits to be extended to NHS Trusts and local councils. The Committee also reiterates its view that the Information Commissioner should be granted greater independence from the executive by being made directly responsible to, and funded by, Parliament
HC 307 - Crime Reduction Policies: A Co-Ordinated Approach?
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215073193
Category : Law
Languages : en
Pages : 220
Book Description
The Justice Committee believes The Treasury should seriously question whether taxpayers' money is used in ways most likely to reduce future crime and victimisation and must develop a longer term strategy for the use of resources tied up currently in the criminal justice system. All parts of the criminal justice system have had to cope with significant spending cuts, yet it appears that the Government has shied away from using the need to make those cuts to re-evaluate how and where money is spent. The Committee welcomes the development of various cross-Government initiatives to deal with the sources of crime, such as the Troubled Families Programme. But resources committed are tiny compared to the costs of crime to society. Each year: violent crime, 44% of which is alcohol related, costs almost £30 billion; crime perpetrated by people who had conduct problems in childhood costs around £60 billion; drug related crime costs £13.3 billion; anti-social behaviour related to alcohol abuse costs £11 billion. The costs of preventative investment further upstream are often relatively small yet the Committee's evidence highlights the clear benefits of collective ownership, pooled funding and joint priorities that have been facilitated by the shift of power in this field from Whitehall to local communities. The greatest problem identified by the Committee is the lack of rigorous assessment of where taxpayers' money can be most effectively spent in cutting crime. A more evidence-based approach is needed.
Publisher: The Stationery Office
ISBN: 0215073193
Category : Law
Languages : en
Pages : 220
Book Description
The Justice Committee believes The Treasury should seriously question whether taxpayers' money is used in ways most likely to reduce future crime and victimisation and must develop a longer term strategy for the use of resources tied up currently in the criminal justice system. All parts of the criminal justice system have had to cope with significant spending cuts, yet it appears that the Government has shied away from using the need to make those cuts to re-evaluate how and where money is spent. The Committee welcomes the development of various cross-Government initiatives to deal with the sources of crime, such as the Troubled Families Programme. But resources committed are tiny compared to the costs of crime to society. Each year: violent crime, 44% of which is alcohol related, costs almost £30 billion; crime perpetrated by people who had conduct problems in childhood costs around £60 billion; drug related crime costs £13.3 billion; anti-social behaviour related to alcohol abuse costs £11 billion. The costs of preventative investment further upstream are often relatively small yet the Committee's evidence highlights the clear benefits of collective ownership, pooled funding and joint priorities that have been facilitated by the shift of power in this field from Whitehall to local communities. The greatest problem identified by the Committee is the lack of rigorous assessment of where taxpayers' money can be most effectively spent in cutting crime. A more evidence-based approach is needed.
HC 310 - Joint Enterprise: Follow-Up
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 021508084X
Category : Law
Languages : en
Pages : 32
Book Description
In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.
Publisher: The Stationery Office
ISBN: 021508084X
Category : Law
Languages : en
Pages : 32
Book Description
In this Report the Committee returns to follow up the Report which was published in January 2012 (ISBN 9780215040589) on the operation of the common-law doctrine of joint enterprise, which forms part of the criminal law relating to secondary liability. The types of cases considered are those in which P and D participate together in one crime and in the course of it P commits a second crime which D had foreseen he might commit: in such cases, under joint enterprise, D may also be charged and convicted of the second offence. The Committee considers in this report the impact of the guidance for prosecutors in joint enterprise cases which the Crown Prosecution Service (CPS) produced in response to one of the 2012 recommendations, taking into account statistics on murder and manslaughter cases with two or more defendants in 2012 and 2013 which the CPS also produced. The Committee concludes that the level of concern about the operation of joint enterprise, especially in murder cases, is such that it is no longer acceptable for the main authorities in the criminal justice system to give such limited attention and priority to the recording and collation of information and reommends that the Ministry of Justice establish a system to enable production of regular statistics on joint enterprise prosecutions, convictions and appeals. This report sets out a range of other concerns and questions which continue to be raised about the application of the doctrine, including the scale of use of joint enterprise, the question as to whether joint enterprise is being used as a social policy tool, the high number of Black and mixed race young men who have been convicted of joint enterprise offences. The evidence heard in this second inquiry into the subject has increased disquiet at the functioning of the law on joint enterprise and the Committee is no longer of the view that it is satisfactory for a consultation to be held on the Law Commission's previous proposals on joint enterprise.
HC 309 - Prisons: Planning and Policies
Author: Great Britain. Parliament. House of Commons. Justice Committee
Publisher: The Stationery Office
ISBN: 0215084268
Category : Law
Languages : en
Pages : 85
Book Description
This is the Committee's first major inquiry on prisons planning and policies in this Parliament, and it has provided an opportunity to consider the impact of the Government's programme of reforms and efficiency savings across the prison estate. These policies have been implemented alongside the creation of working prisons and resettlement prisons, designed to improve the effectiveness of the prison estate in increasing employability and reducing re-offending, as well as the tightening of operational policies on earned privileges and temporary release in order to improve their public credibility. They have also come at a time when the total prison population has returned to very high levels. The Committee expresses concern that despite the Government's efforts to supply sufficient prison places to meet demand, the proportion of prisons that are overcrowded is growing, and the proportion of prisoners held in crowded conditions remains at almost a quarter, with consequent effects on the ability to maintain constructive regimes. The Committee welcomes the reduction which has taken place in the cost of a prison place, although the Committee notes that it remains high, and is unlikely to fall significantly while the pressures on estate capacity remain at current levels
Publisher: The Stationery Office
ISBN: 0215084268
Category : Law
Languages : en
Pages : 85
Book Description
This is the Committee's first major inquiry on prisons planning and policies in this Parliament, and it has provided an opportunity to consider the impact of the Government's programme of reforms and efficiency savings across the prison estate. These policies have been implemented alongside the creation of working prisons and resettlement prisons, designed to improve the effectiveness of the prison estate in increasing employability and reducing re-offending, as well as the tightening of operational policies on earned privileges and temporary release in order to improve their public credibility. They have also come at a time when the total prison population has returned to very high levels. The Committee expresses concern that despite the Government's efforts to supply sufficient prison places to meet demand, the proportion of prisons that are overcrowded is growing, and the proportion of prisoners held in crowded conditions remains at almost a quarter, with consequent effects on the ability to maintain constructive regimes. The Committee welcomes the reduction which has taken place in the cost of a prison place, although the Committee notes that it remains high, and is unlikely to fall significantly while the pressures on estate capacity remain at current levels