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Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

7. Assistance after the offence  

David Ormerod and Karl Laird

This chapter examines the statutory offences under the Criminal Law Act 1967 of assisting an offender. Examples include hiding a principal offender, helping a principal offender to avoid arrest or to abscond from bail, lying to the police to protect the principal offender from investigation and prosecution, hiding the weapon used by the principal offender in committing the assault/robbery and washing clothes worn by the principal offender to obstruct any potential forensic examination. In addition to the fact that the offender must have committed a relevant offence, another element in the actus reus where an offender is charged with impeding the apprehension or prosecution of the offender is that the accused must have done ‘any act’ with the appropriate intent. An attempt to commit this offence does not amount to criminal liability.

Chapter

Cover Sentencing and Punishment

6. Instead of punishment?  

Restorative justice, child welfare, and medical treatment

This chapter looks at three very different aspects of sentencing and punishment where there are alternatives to a focus on proportional sentencing and punishment. We discuss two sets of offenders where the court does not have to sentence strictly in line with just deserts. So we focus on children and young people under 18 years of age and examine the policies developed over the past century which have taken into account the welfare of the child, such that diversion from prosecution has been justified and strict proportionality of penal response can be modified. We also focus on those offenders who are deemed to be mentally disordered and review those options available to the sentencing court which focus on treatment rather than punishment. However the chapter begins by looking at an alternative rationale and approach for responding to those who commit offences—restorative justice—and reviewing policy and practice developments. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.

Chapter

Cover Sentencing and Punishment

7. Impact on victims and offenders  

This chapter reviews the increased policy focus on victims, dealing with remedies for victims of crime and more recent involvement in the sentencing process via victim impact statements as well as discussing the impact of punishment on offenders. Ways of reducing the impact of crime on the victim are considered, including compensation, and confiscation, restitution and forfeiture as well as focusing on the Victims Code and the victim’s surcharge. Conflicting approaches to the impact of punishment on the offender or the offender’s family, including financial penalties, are considered. This discussion covers justifications from penology and evidence—from research and appellate cases—of practice in the courts. Arguments for and against impact mitigation are examined with reference to a range of issues, including social deprivation, illness, disability, and age.

Chapter

Cover Cross & Tapper on Evidence

V. Witnesses  

This chapter looks at some special considerations relating to the evidence of witnesses. It first sets out to sketch the way in which this branch of law has changed over time. The chapter then deals with the procedures for taking testimony in the standard case and, in particular, appropriate measures for dealing with witnesses who are fearful. Next, this chapter discusses factors peculiar to particular categories of witness, such as children, spouses, and offenders. In a number of cases, special rules have been devised to cater for these special categories. Sometimes special rules of competence and compulsion, rules requiring supporting evidence, and rules of practice dictating the form of direction are given to the jury when considering such evidence. Finally, the chapter deals with the nature of supporting evidence.

Chapter

Cover Criminology

24. Community sentences and offender management for adults  

Anne Worrall and Rob Canton

This chapter explains the history, philosophies, current practices, and policy debates surrounding those sanctions that are often referred to as ‘alternatives to prison’. The discussions cover the types of community sentences and sentencing trends; the National Probation Service and National Offender Management Service; ways of understanding the politics of punishment in the community; diversity and punishment in the community; community sentences and populist punitiveness; community sentences and the ‘What Works?’ agenda; and community sentences and probation in other countries.

Chapter

Cover The Oxford Textbook on Criminology

30. Alternatives to punishment  

This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.

Book

Cover Sentencing and Punishment
Sentencing and Punishment provides an accessible account of recent developments in sentencing and punishment from the standpoint of penal theories, policy aims, punishment practice, and human rights. It reviews changing ideas on what counts as ‘just’ punishment, and covers the key themes and topics studied on sentencing and punishment courses, New features of this, its fourth edition, include a focus on changes and continuities in penal and sentencing policy since 2010 as well as greater attention to sentencing guidelines and to the impact of the relevant sentencing provisions in force since the last edition, notably the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Criminal Justice and Courts Act 2015. Material on dangerous offenders is also updated. In two new chapters—‘Instead of punishment?’ and ‘Impact on victims and offenders’—this edition brings together different, yet linked, areas of sentencing law and practice to provide new perspectives, and in restructured chapters on community punishment and young offenders, it focuses on such recent developments as the privatisation of the delivery of community penalties, the ‘rehabilitation revolution’, and the decreased use of custody for young offenders. This edition also gives more attention to the continuing influence of human rights law and jurisprudence and incorporates more material on the impact of the Equality Act 2010 on the treatment of different groups within the prison population. It also now includes case studies and discussion questions at the end of each chapter.

Chapter

Cover Sentencing and Punishment

11. Court orders for young offenders  

This chapter focuses on the ways and the extent to which the courts deal differently with children and young people under 18 who commit criminal offences or behave antisocially. It therefore covers the new criminal behaviour orders and injunctions as well as parenting orders. It then reviews the sentencing options available to the Youth and Crown Courts in dealing with young offenders, and examines the current practices and policy trends in relation to both community and custodial penalties for young offenders. In particular, the chapter covers the YRO (Youth Rehabilitation Order) and the Detention and Training order. It highlights the continuing deficiencies in the care of young people detained in young offender institutions and secure training centres, especially in regard to methods of restraint, and examines the advantages and limitations of using children’s rights and human rights to ensure more appropriate treatment of children and young people who commit offences.

Book

Cover Sentencing and Punishment

Susan Easton and Christine Piper

This book reviews the philosophical principles which underpin penal policy, sentencing and punishment, as well as examining the practical consequences of the legal principles enshrined in English law with an analysis of imprisonment and community punishment. The first part of the book covers the way sentencing law and guidelines are structured and discusses in detail retributivist and utilitarian justifications for punishment, as well as the current importance of public protection from risk and danger. It also covers those offenders and victims who can be dealt with differently, notably the mentally ill and children, together with ways of dealing with the offenders and their victims using restorative justice. Finally, Part A focuses on ways in which the impact of offending on victims and offenders can be reduced. Part B of the book covers in detail conditions in prison including the impact of the pandemic and the experience of imprisonment, especially in relation to women, BAME prisoners and other groups, where equal treatment is problematic. It also focuses on punishment and rehabilitation in the community, covering the available orders and the current approaches to rehabilitation. The civil and criminal orders available for use with those under 18 years of age, are also considered, as well as the way in which rights have been used to protect children in prison.

Chapter

Cover Sentencing and Punishment

1. Developing penal policy  

This chapter focuses on key questions in penal policy, including justice, risk management, and human rights. It also considers the principal factors which shape the development of penal policy. Notably, these are political imperatives, economic influences, and penological and criminological principles, as well as public opinion and the media, which have become much more influential since the early 1990s. Recent penal policy developments to highlight significant trends and problems are discussed, including the impact of the pandemic. The chapter concludes by focusing on the management of sex offenders and providing a case study and discussion questions for further reflection on the issues.

Chapter

Cover Sentencing and Punishment

11. Court orders for young offenders  

This chapter first considers the range of civil orders available to the courts in responding to anti-social or criminal behavior by children and young people. It therefore focusses on the criminal behaviour orders and injunctions as well as the community remedy. It then looks at the options available to the sentencing court in relation to criminal offending and so refers in particular to the referral order and the Youth Offender Panel, the youth rehabilitation order and the detention and training order. We note the welcome fall in the number of children in prison but note the increase in the average custodial sentence length. The chapter also discusses selected aspects of conditions in secure accommodation and reviews the role and achievements of using rights in responding to problematic issues.

Chapter

Cover The Oxford Handbook of Criminology

33. Restorative justice in the twenty-first century: Making emotions mainstream  

Meredith Rossner

This chapter explores recent developments in restorative justice theory, research, and practice. It examines reasons why it has been challenging to define restorative justice and offers a definition that articulates the relationship between values, processes, and outcomes. It then explores the main theoretical traditions that seek to explain how and why restorative justice ‘works’ as a response to crime: shame theories, procedural justice theories, and ritual theories. Following this, it reviews the empirical evidence on how offenders and victims experience restorative justice compared to court, and whether it can reduce reoffending. It concludes by surveying select debates and tensions that arise as the practice continues to evolve.

Chapter

Cover The Oxford Textbook on Criminology

26. Crime prevention  

This chapter highlights crime prevention. Preventive strategies represent an approach that is less concerned with dispensing justice than with minimising the risk of crime being committed in the first place. Crime prevention strategies are thus based on a combination of assumptions about human motivations and research evidence about observed patterns of offending behaviour. The chapter then looks at the political and strategic factors that may influence decisions about which crimes to try to prevent. It considers perspectives on crime prevention focusing on potential offenders (in terms of deterrence and diversionary approaches), potential victims, and the idea of community safety and well-being. Finally, the chapter addresses some of the continuing and unresolved questions about the purported achievements and effectiveness of crime prevention strategies.

Book

Cover Sanders & Young's Criminal Justice

Lucy Welsh, Layla Skinns, and Andrew Sanders

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales (excluding punishment), as well as thought-provoking insights into how it might be altered and improved and research that might be needed to help accomplish this. Tracing the procedures surrounding the appre-hension, investigation, trial and appeal against conviction of suspected offenders, this book is the ideal com-panion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including terrorism legislation and the initial Covid-related restrictions introduced in early-mid 2020. In this, the book’s 5th edition: two experienced new co-authors, Dr Layla Skinns and Dr Lucy Welsh, join Andrew Sanders (Richard Young having decided, 25+ years after the 1st edition, to do other things); the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is enriched by the new authors’ specialist research into accountability, police custody, magistrates’ courts and criminal legal aid. The theoretical structure of the earlier editions is retained, but developed further by consideration of ‘core values’ in criminal justice and the impact of neoliberalism.

Chapter

Cover Criminology

10. Sex crime  

Terry Thomas

This chapter examines the nature of sexual offending and the forms it takes, as well as the enhanced social response being made. The discussions cover forms of sexual offending; criminal processes; civil measures for public protection; public access to the sex offender register; and mental health and sexual offending.

Chapter

Cover The Oxford Textbook on Criminology

29. Rehabilitation of offenders  

This chapter examines the rehabilitation of offenders. Much discussion of crime and criminality focuses on the culpability of the offender, the management and control of crime, and the nature and legitimacy of punishment. However, there is another strand of criminological inquiry (and practice) which is more concerned with understanding offenders, appreciating ‘what makes them tick’, and seeking out tools and methods for reintegrating them into society as conventional law-abiding citizens. In effect, such approaches are concerned with identifying the causes and consequences of criminal behaviour and developing interventions which will enable offenders to change their behaviours and thought processes to enable them to take advantage of legitimate opportunities and to live decent lives. The chapter explores some of the beliefs and assumptions which underlie this kind of approach to crime and criminality. It considers some of the implications in terms of criminal justice practices and evaluates the outcomes of rehabilitative approaches. Finally, the chapter reflects on some of the limitations of this perspective on crime, both empirically and theoretically.

Chapter

Cover Employment Law

19. Atypical workers  

This chapter discusses the law covering atypical workers. These include part-time workers, fixed-term workers, agency workers and ex-offenders. The EU social policy was tasked with coming up with a number of directives to prevent discrimination against such workers, and to give them what is effectively a ‘floor of rights’. Under the law, part-time workers should not be treated less favourably than full-timers, unless this can be objectively justified. Fixed-term workers should not be treated less favourably than full-timers, unless this can be objectively justified. A fixed-term employee who has been with the same employer for four years is entitled to a permanent contract. An agency worker is entitled to comparable terms and conditions as a permanent employee after twelve weeks. Ex-offenders are entitled not to refer to their convictions in certain circumstances, depending on what they were sentenced to.

Chapter

Cover Understanding Deviance

12. Victimology  

Victimology is now regarded as a central component to the study of crime and deviance. Victim-based analysis enables understanding of different aspects of criminal and deviant behaviour and is redefining focal research concerns across a range of crimes. This academic development has been matched by the recognition by the criminal justice system of the consequences of victimization and moves towards both victim services and a victim-centred justice process, and by increasing political concern with victimization. The chapter analyses victimology’s key conceptual approaches, ideas, and typologies and examines whether and how different criminological perspectives understand the victim. The chapter considers the issue of victim precipitation, in the context of offender motivation, crime events operandi, and differential risks. It concludes with a discussion of how victimology has connected across to human rights violations with restorative and transitional justice foregrounding consideration of global issues such as truth-telling, reconciliation, reparations, peace-building, and normative compliance.

Chapter

Cover Understanding Deviance

6. Culture and Subculture  

This chapter examines the cultural and subcultural theories of crime and delinquency, beginning with Albert Cohen’s 1955 analysis of ‘subculture’ in relation to delinquent behaviour by gangs and how his approach to subculture as a ‘way of life’ evolved to resolve problems facing lower-class youth in a highly competitive society. It then looks at the work of other scholars who challenged Cohen’s theory but retained much of his analytic framework, including Richard Cloward, Lloyd Ohlin, and David Matza. In particular, it discusses various theoretical perspectives linking culture and subculture to delinquency, from strain theories to Matza’s drift theory, labelling theory, and culture conflict theories. It also explores the relationship between crime and the labour market, particularly unemployment. The chapter concludes by reviewing the criticisms against subcultural theory.

Chapter

Cover Understanding Deviance

8. Phenomenology  

This chapter examines the phenomenological sociology of crime, deviance, and control. It first discusses the central issues relating to phenomenology, particularly with respect to knowledge, good and evil, and deviant phenomena. It then discusses some of the arguments put forward by phenomenologists, citing the link between experiences and consciousness and how phenomenology relates to social order. It also considers the work of Aaron Cicourel, Egon Bittner, David Sudnow, and others on the phenomenological sociology of crime and deviance, as well as the emergence of phenomenological criminology. The chapter concludes by reviewing some of the criticisms of phenomenological work on deviance.