Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’

Ward, Jennifer

doi:10.1093/bjc/azu077

Cited by 23 publications

(15 citation statements)

References 24 publications

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“…Hebson et al 2003;McDonough 2006;Waring and Bishop 2011). However, what this paper and others concerned with the transfer of labour in the contexts of policing (Skinns 2011;White 2014), prisons (Ludlow 2014) and courts (Ward 2015) are beginning to illustrate is that, even in a national context, these transitions do not follow a uniform pattern or adhere to an accepted blueprint. Rather, there is a diverse set of 'privatization journeys' that can be taken and that need to be understood, given the prospect of further devolution of public sector responsibility for administering public (including criminal justice) services in England and Wales and beyond.…”

Section: Introductionmentioning

confidence: 85%

Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales

Robinson¹,

Burke²,

Millings³

2015

CRIMIN

116

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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.

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Section: Introductionmentioning

confidence: 85%

Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales

Robinson¹,

Burke²,

Millings³

2015

CRIMIN

116

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“…Indeed, in the last few years, the provision of interpreting services in England and Wales has undergone important changes-most significantly, the outsourcing and centralization of the service in one provider. These changes have been primarily geared to cut costs and increase the efficiency of the service, and are in line with austerity measures introduced across the criminal justice system (Ward, 2015), particularly the reduction of legal aid budget (Cape, 2016), the partial privatization of the probation service (Robinson, Burke, & Millings, 2016), and the introduction of criminal court charges for convicted defendants. 6 We analyze recent reforms to the language service provision against the backdrop of increased public concerns about the impact of migration on public services and the welfare system, and on social cohesion.…”

Section: Abstract: Court Interpreters English Criminal Courts Englimentioning

confidence: 99%

Lost in Translation? Examining the Role of Court Interpreters in Cases Involving Foreign National Defendants in England and Wales

Aliverti¹,

Seoighe²

2017

New Criminal Law Review

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Court interpreters have seldom been featured in studies on the criminal courts. Until recently, cases requiring court interpreters were rare and marginal. The peculiarity and historical rarity of these cases may explain the lack of academic consideration of the work of court interpreters in the criminal justice literature. Rapid demographic changes brought about by mass migration, however, are changing the make-up of criminal justice proceedings, rendering court interpreters key participants and inexorable aides for the everyday running of the criminal justice system. This article examines the increased reliance on interpreters and the nature of their involvement in criminal justice proceedings. It will explore the relationship between interpreters and defendants, on the one hand, and between interpreters, counsels, and judges, on the other. Drawing on empirical data stemming from a research project on foreign national defendants conducted in Birmingham’s criminal courts, we explore issues of trust and reliability underpinning the intervention of court interpreters and the implications of these interventions for the defendant’s case. The use of interpreters aims first and foremost to ensure the defendant’s right to defense. Yet, as we show, their intervention is often propelled or hindered by instrumental, procedural, or logistical reasons, intimately linked to the rapid transformation of the demography of defendants and the privatization of services related to the criminal justice system.

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“…Though the defendants in serious fraud trials are commonly wealthy, they are also commonly subjected to freezing-of-assets orders that prevent them from instructing top counsel. In this sense, though not directly connected to the CrimPR, neoliberal and new management movements towards savings costs in the criminal justice system (Feinbert, 2005; Ward, 2015) may threaten the procedural position of defendants in complex fraud trials.…”

Section: Resultsmentioning

confidence: 99%

“…The adoption of 'managerialist talk' and priorities in the organisation and regulation of the criminal court procedure has been associated with a growing application of neoliberal governmental considerations (Ward, 2015), new penology approaches in criminal justice (Brownlee, 1993;Freibert, 2005;Cheliotis, 2006;Hood, 1991;Raine & Wilson, 1995;Sanders et al, 2010), and concerns with saving costs. Even though scholars have subjected the prevalence of 'new penology' as the dominant criminal justice paradigm to substantive and well-founded criticism (see e.g., Cheliotis, 2006;O'Malley, 1992O'Malley, , 2001Rigakos & Hadden, 2001), managerialist ideologies are still emphasised as having a significant impact on organizational practices (Cheliotis, 2006: 333).…”

Section: Complex Fraud Trials Managerialism and Procedural Efficiencymentioning

confidence: 99%

“…These resources therefore provide protection for the defendant's position at the trial, and are currently threatened by the neoliberal UK governmental movements to reducing costs in the criminal justice system by cutting state-funded legal representation (Legal Aid). This is a poignant example of ‘stripping justice back to its bare bones’ (Ward, 2015, p. 342) due to concerns with performance and cost-effective targets. Though the Legal Aid cuts would principally affect marginalised defendants, the present research shows that well-off defendants prosecuted and tried in serious fraud cases are equally affected, albeit for a different reason.…”

Section: Achieving Procedural Efficiency: Actors and Strategiesmentioning

confidence: 99%

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Case management in complex fraud trials: actors and strategies in achieving procedural efficiency

Jordanoska

2017

International Journal of Law in Context

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Trials of complex fraud cases have raised numerous contentious issues in terms of procedural fairness and public resources expenditure. This paper examines the management of complex fraud trials through the lens of managerialism in the criminal justice system, analysing its effects upon procedural efficiency of the trial. The paper draws on qualitative data gathered from observations of insider dealing trials, and interviews with prosecuting and defence lawyers and a trial judge. The findings reveal that, in practice, although dangers to procedural efficiency are constantly present throughout the trial, its successful management depends on a combination of factors vested in the actors involved and the strategies used. Whilst the increased efficiency of the trials is a reflection of managerial approaches in case management, this does not necessarily indicate a negative development in the area of the control of business misconduct, and managerialism may not be necessarily entirely undesirable in the criminal justice system.

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Transforming ‘Summary Justice’ Through Police-led Prosecution and ‘Virtual Courts’

Cited by 23 publications

References 24 publications

Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales

Criminal Justice Identities in Transition: The Case of Devolved Probation Services in England and Wales

Lost in Translation? Examining the Role of Court Interpreters in Cases Involving Foreign National Defendants in England and Wales

Case management in complex fraud trials: actors and strategies in achieving procedural efficiency

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