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12. Victims, the accused and the future of criminal justice  

This chapter discusses how developments in criminal justice have affected suspects’ rights; different types of victims’ ‘rights’; whether victims have (legally) enforceable rights; and enhancing victims’ rights without eroding defendants’ rights. It concludes with an overview of the impact of neoliberalism, the extent to which the system incorporates the ‘core values’ it ostensibly subscribes to, and how to make criminal justice more freedom-enhancing.

Chapter

Cover Criminal Justice

4. The prosecution process  

Anthea Hucklesby

This chapter explores issues relating to the prosecution process. It introduces some of the main theoretical and conceptual issues with the prosecution process, and considers a number of key trends in recent criminal justice law and policy. The discussions cover the agencies involved in the prosecution process; making sense of the criminal justice process; diminishing defendants' rights; and differential treatment.

Chapter

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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.

Chapter

Cover Criminal Justice

10. Victims in the criminal justice process  

Matthew Hall

This chapter examines the position of crime victims within the criminal justice system of England and Wales. It begins with an introduction to the development of the victims' movement in the 1970s. The chapter then considers key issues such as the scope of ‘victimhood’; victim rights; the needs and expectations of victims within the criminal justice process; and the policy response to such issues. It concludes by posing critical questions of the present reform agenda.

Chapter

Cover Sentencing and Punishment

4. Utility and deterrence  

This chapter examines the utilitarian justification for punishment: an approach that focuses on the consequences or outcomes of sentencing and punishment. It discusses the origins of this approach in the work of Beccaria and Bentham, and its modern expression in the work of writers such as Wilson and Kennedy. Focusing on the specific outcome of deterrence, the chapter begins by reviewing its role in current sentencing practice and policy. It later considers whether punishment is effective in reducing offending, and reviews the available research and the problems that arise in establishing a deterrent effect. It also considers some of the difficulties with the utilitarian justification for punishment.

Chapter

Cover Sanders & Young's Criminal Justice

4. Detention in the police station  

This chapter examines the effectiveness of the checks, controls, and safeguards provided for suspects in police detention, including for suspects considered to be vulnerable by the police. It also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of custody officers and detention officers; length of detention without charge; suspects’ rights including the right to legal advice and the rights of vulnerable suspects; the purpose of and experiences of police detention; and deaths in police custody.

Chapter

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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.

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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.

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12. Concluding remarks  

This chapter focuses on positive and negative developments in recent years. It welcomes the decline in the prison population and the increased focus on disproportionality. It also discusses those developments which can be viewed as negatives ones, particularly the continuing high imprisonment rate and the continued use of methods of restraining children and young people in custody. It focusses on the impact of Covid-19 on the courts, the prison population and the use of FPNs before discussing the arguments for abolition of the use of imprisonment or its reform. We then refer to the discourse of human rights—both its importance and the attacks on it, before referring to the re-emergence of problem-solving courts. Lastly the authors’ concerns as to ‘what needs to be done’ are considered.

Chapter

Cover Sentencing and Punishment

8. Justice in the modern prison  

In this chapter we focus 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 (Woolf and Tumin 1991), managerialism and privatisation, the implications of the Human Rights Act (HRA) 1998 and the impact of the pandemic, 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 rights of prisoners with the administrative needs of the prison system and the deterrent function of prison is highlighted. The potential to reduce the prison population substantially in the current political climate is also discussed.

Chapter

Cover Sanders & Young's Criminal Justice

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.

Chapter

Cover Sentencing and Punishment

1. Developing penal policy  

This chapter begins by discussing the nature of punishment before focusing on key questions in penal policy including justice, risk, and human rights. It also considers the principal factors that shape the development of penal policy, notably 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 are also discussed to highlight significant trends and problems. The chapter concludes by focusing on the governance of sex offenders and providing a case study and discussion questions for reflection on the issues.

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.