In this paper, we examine how compliance with community penalties has been theorized hitherto and seek to develop a new dynamic model of compliance with community penalties. This new model is developed by exploring some of the interfaces between existing criminological and socio-legal work on compliance. The first part of the paper examines the possible definitions and dimensions of compliance with community supervision. Secondly, we examine existing work on explanations of compliance with community penalties, supplementing this by drawing on recent socio-legal scholarship on private individuals' compliance with tax regimes. In the third part of the paper, we propose a dynamic model of compliance, based on the integration of these two related analyses. Finally, we consider some of the implications of our model for policy and practice concerning community penalties, suggesting the need to move beyond approaches which, we argue, suffer from compliance myopia; that is, a short-sighted and narrowly focused view of the issues.
In 2014, the coalition government's Transforming Rehabilitation reforms led to the wholesale restructuring of probation services in England and Wales. As part of this reconfiguration of probation services, more than half of the employees of public sector Probation Trusts were transferred to 21 new Community Rehabilitation Companies (CRCs) set up to manage medium-and low-risk offenders and destined for sale in the criminal justice marketplace. This article presents the findings of an ethnographic study of the formation of one CRC, with a specific focus on the construction and negotiation of identities. We identify a number of key themes, prominent among which is 'liminality': i.e. the experience of being betwixt and between the old and the new, the public and the outsourced. Other themes discussed in the article include separation and loss, status anxiety, loyalty and trust, liberation and innovation.
In the context of 'ordinary' probation practice, quality is a contested concept, as well as an under-researched one. In this article we present the findings of a study which sought to capture, via interviews inspired by Appreciative Inquiry, the views of probation staff about the meaning(s) of 'quality' in probation practice. The interviews revealed a 'frontline' perspective on quality which has not previously been exposed or articulated as such. Drawing upon theoretical concepts developed by Bourdieu, it is argued that despite significant recent changes in the penal and probation fields in England & Wales, and some signs of adaptation in normative conceptions of probation work, there exists a culture or 'probation habitus' among frontline staff that is relatively cohesive and resilient.
Drawing from the evaluation of three major restorative justice schemes in England and Wales, the article considers the theoretical implications for process and outcomes of situating restorative justice for adults within criminal justice, including the allocation of roles, the balance of power, the importance of procedural justice, and the tasks of restorative justice (such as apology, rehabilitation, reparation, healing, restoration, and reintegration and its relation with social capital). Given that restorative justice events are by definition unique, because of their participative nature, the ability to make generalizations across cultures is problematic, stemming from whether participants bring normative assumptions about justice to the event.
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