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Chapter

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 one 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

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

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter sets out the book's purpose, which is to introduce students to the broad study of criminology. The study begins at the end of the nineteenth century and considers theories that have gained credence over the past century or so. It then discusses two important aspects to many theories and the policies used by States in addressing crime, over the period studied. First, are offenders acting entirely out of choice or free will, and can thus be blamed and called to account for their actions? Second, are offenders less volitional in that their choices are limited through structural or social factors which tend to exclude or marginalise some groups or individuals? An overview of the subsequent chapters is also presented.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines theories on female offending, which include biological, hormonal, and psychological theories; learning theories; masculinity/femininity theories; strain theories; and control theories. Traditional mainstream criminology views male criminality as ‘normal’ and something that merely needs to be kept within reasonable bounds. Female criminality is, however, abnormal, unexpected, and portrayed as pathological and irrational. It is argued that mainstream criminology fails to use social explanations of criminality to explain why women offend or are more conforming than their male counterparts. The most promising ideas so far come from control theories and strain theories, so long as these are applied in a gender-neutral manner.

Chapter

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

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

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

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

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

Chapter

Martin Hannibal and Lisa Mountford

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

Chapter

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

Andrew Sanders, Richard Young, and Mandy Burton

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation, and trial of suspected offenders, this book is the ideal companion 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 recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of a new Online Resource Centre that directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject. In this, the book's fourth edition: an experienced new co-author, Dr. Mandy Burton, joins the writing team; 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 informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts.

Chapter

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 comprehensive definition that articulates the relationship between values, processes, and outcomes. It then explores the main theoretical traditions that account for the claims of restorative justice: 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. This chapter also discusses contemporary debates around restorative justice and punishment. It concludes by offering an assessment of the future of restorative justice.

Chapter

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

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

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.

Chapter

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

This chapter considers the range of disposals available where a young offender admits the offence(s) or a finding of guilt is recorded against him. It discusses the principles which guide the sentencing of youths; the youth court’s sentencing powers; the adult magistrates’ court sentencing powers; the Crown Court’s sentencing powers; and sentencing a ‘dangerous’ young offender.

Chapter

Martin Hannibal and Lisa Mountford

This chapter considers the range of disposals available where a young offender admits the offence(s) or a finding of guilt is recorded against him. It discusses the principles which guide the sentencing of youths; the youth court’s sentencing powers; the adult magistrates’ court sentencing powers; the Crown Court’s sentencing powers; and sentencing a ‘dangerous’ young offender.

Chapter

22. Crime prevention  

Ideas and practices

This chapter examines crime prevention ideas and practices. It first explains what crime prevention is before discussing crime prevention strategies, the objectives of crime prevention, and the emergence and development of crime prevention. It then describes a framework for policy and practice based on ideas of ‘primary’, ‘secondary’, and ‘tertiary’ prevention. It also considers alternative perspectives on crime prevention; the arguments in favour of taking a preventive approach to criminal justice; the implications of crime prevention for different stakeholders, including potential victims, potential offenders, communities, politicians, and interest groups; the evidence base in support of preventive measures; models of practice in crime prevention; what prevention achieves; and the consequences of crime prevention, namely, crime escalation, adaptation, and displacement. The chapter concludes by highlighting the limitations of crime prevention.