This chapter charts some of the major developments in modern British society against which changes in criminal justice policy should be seen: the emergence of a culture of control amidst economic, technological, and social changes; the politicisation of law and order and the democratisation of criminal justice; the development of a risk society; and the emerging dominance of managerialism. It then discusses the notion of the ‘Big Society’ and considers its impact on criminal justice policy. The final section outlines some events that have driven changes in the direction of criminal justice policy.
1. Criminal justice: the policy landscape
9. The role and powers of the directors
This chapter describes the directors’ role, including the powers of the directors, the division of power between the directors and the members, and how the directors exercise their powers. In smaller companies, directors will manage the company and will delegate little, if any, of their powers. In larger companies, the directors will set the strategic direction of the company and will delegate much of their managerial powers to sub-board level managers. The powers of the directors are a matter for the company’s articles, with most articles providing that the directors are responsible for managing the company and that it may exercise all the company’s powers. Moreover, a company’s articles usually provide the directors with the ability to delegate their powers to others. The principal method by which the directors exercises their managerial powers is via board meetings.
1. The aims and values of ‘criminal justice’
This chapter discusses the nature, structure, values and objectives of ‘criminal justice’, together with recent trends, primarily in England and Wales. This includes examining the concepts of guilt and innocence, and the difficulty of ‘proving’ either in many cases; the adversarial nature of the Anglo-American system, contrasted with the inquisitorial approaches that traditionally underpin ‘European’ systems; and the analytical tools of ‘crime control’ and ‘due process’. The importance, and limitation, of the human rights approach in criminal justice is discussed, along with the increasing influences of managerialism and neoliberalism. The chapter then looks at how victims are catered for in these various approaches. It concludes that human rights provide only a bare minimum of protection for suspects and victims alike, and that the system is more exclusionary than inclusionary. Thus a new theoretical framework is proposed that is centred on ‘freedom’, which would prioritise three ‘core values’: justice, democracy and efficiency.
8. Justice in the modern prison
This chapter focuses on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report, managerialism and privatisation, the impact of the Human Rights Act 1998, and the debate on prisoners’ right to vote, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the human rights of prisoners with the administrative needs of the prison system and the deterrent function of prisons will be highlighted. The potential to limit prison expansion in the current political climate will also be considered.
13. Corporate management
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015 and the Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021) aimed at bolstering the disqualification regime.