The Welsh Criminal Justice System , livre ebook

University of Wales Press - Richard Wyn Jones , Robert Jones

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151 pages

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The Welsh criminal justice system is unique. While the country has its own devolved government and parliament, there is no Welsh equivalent of the Scottish or Northern Irish justice systems. Rather, the writ of England and Wales criminal justice institutions continues to run. Yet the extensive responsibilities of Wales’s devolved institutions ensure that they necessarily play a significant role in criminal justice. As a result, the Welsh criminal justice system operates across a ‘jagged edge’ of devolved and reserved powers and responsibilities.

This book provides the first academic account of this system. It demonstrates not only that Wales has some of the worst criminal justice outcomes in western Europe, but that even if the will existed to try to address these problems, the current constitutional underpinnings of the Welsh criminal justice system would make it nigh-on impossible. Based on official data and in-depth interviews, this is an urgent and challenging book, required reading for anyone interested in Welsh politics and society.

List of Figures
List of Tables
List of Maps
Acknowledgements
Chapter 1 Introduction: A Welsh criminal justice system?
Chapter 2 Outcomes in the Welsh criminal justice system
Chapter 3 Whitehall and the Welsh criminal justice system: What power reveals
Chapter 4 The Welsh Government and criminal justice: Responsibility without power
Chapter 5 On policy making and policy taking: Two case studies
Chapter 6 Scrutiny and accountability across the jagged edge
Chapter 7 The future of the Welsh criminal justice system
Appendix
Bibliography

Sujets

Histoire

Great Britain

History

Wales

Europe

Informations

Publié par	University of Wales Press
Date de parution	15 octobre 2022
Nombre de lectures	0
EAN13	9781786839459
Langue	English
Poids de l'ouvrage	2 Mo

Informations légales : prix de location à la page 0,1500€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

THE WELSH CRIMINAL JUSTICE SYSTEM

Robert Jones and Richard Wyn Jones, 2022
All rights reserved. No part of this book may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications for the copyright owner s written permission to reproduce any part of this publication should be addressed to the University of Wales Press, University Registry, King Edward VII Avenue, Cardiff CF10 3NS
www.uwp.co.uk
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 978-1-78683-943-5
e-ISBN 978-1-78683-945-9
The rights of Robert Jones and Richard Wyn Jones to be identified as authors of this work have been asserted in accordance with sections 77 and 79 of the Copyright, Designs and Patents Act 1988.
Typeset by Chris Bell, cbdesign
Er cof am ddau Daid a dwy Nain
Iris a Bob Jones, Trefnant
ac
Alice a Thomas Lloyd Hughes, Betws yn Rhos
Power does not always corrupt . . . But what power always does is reveal.
Robert Caro (2019: 206)
Responsibility without power is the most dangerous of all situations for a political party with progressive pretensions.
Aneurin Bevan (1952: 26)
CONTENTS
List of figures, tables and maps
Acknowledgements
Chapter 1 Introduction: a Welsh criminal justice system?
Chapter 2 Outcomes in the Welsh criminal justice system
Chapter 3 Whitehall and the Welsh criminal justice system: what power reveals
Chapter 4 The Welsh Government and criminal justice: responsibility without power
Chapter 5 On policy-making and policy taking: two case studies
Chapter 6 Scrutiny and accountability across the jagged edge
Chapter 7 The future of the Welsh criminal justice system
Appendix: list of research participants
Notes
Bibliography
LIST OF FIGURES, TABLES AND MAPS
FIGURES
Figure 2.1
The rate of police recorded crime (excluding fraud) in England and Wales per 1,000 population, 2015 to 2019
Figure 2.2
The number of police officers per 100,000 people in England and Wales, 2010 to 2020
Figure 2.3
The number of police community support officers (PCSOs) per 100,000 people in England and Wales, 2010 to 2020
Figure 2.4
Arrest rate per 1,000 population in England and Wales, 2015/16 to 2019/20
Figure 2.5
Conviction rates in England and Wales, 2013 to 2019 (%)
Figure 2.6
Immediate custodial sentences handed out at courts in Wales and the average Welsh prison population (based on home address), 2013 to 2019
Figure 2.7
Average prison population rate per 100,000 in western Europe, 1999 to 2018
Figure 2.8
Prison population rates per 100,000 in England and Wales using home address, 2013 to 2019 35
Figure 2.9
Rates of imprisonment and probation supervision per 10,000 people by ethnic group in Wales in 2019 36
Figure 2.10
The use of community sentences in Wales, 2010 to 2019
Figure 2.11
Probation rates per 100,000 in England and Wales, 2014 to 2019
Figure 2.12
Imprisonment rate per 100,000 women in prison in England and Wales (based on home address prior to entering custody), 2013 to 2019
Figure 2.13
Children (under 18s) in custody per 100,000 children in England and Wales (based on region of youth offending team), 2002 to 2020
Figure 2.14
Rate of assaults by children on children at young offender institutions in England and Wales per 100, 2017 to 2019
TABLES
Table 2.1
Proportion of adults and children who were victims of crime and anti-social behaviour, year ending March 2020 (%)
Table 2.2
The percentage of cases where a person was charged or summonsed by police forces in Wales by offence group, 2017 to 2020 (%)
Table 2.3
The prison estate in Wales, 2019
Table 3.1
Departments, agencies and public bodies (reserved) with responsibility for criminal justice in Wales, 2020
Table 4.1
The location of criminal justice functions in the Welsh Government, 2021
Table 6.1
Senedd committee reports on inquiries with criminal justice-relevant focus (fifth Senedd only) 154
MAPS
Map 2.1
Crown and magistrates courts in Wales, 2010 to 2019
Map 2.2
The prison estate in England and Wales
Map 2.3
Youth offending team areas in Wales and the secure estate
ACKNOWLEDGEMENTS
T HIS BOOK could not have been written without the support of others, and we are delighted - and not a little relieved - to finally be in a position to thank those who have helped us along the way.
First and foremost, we owe a debt of gratitude to our interviewees who gave so freely of their time and insights. While they must remain anonymous, they will know who they are! Thank you one and all. We are also grateful to the Economic and Social Research Council and Welsh Government who jointly funded the Justice and Jurisdiction project in Cardiff University s Wales Governance Centre between September 2018 and November 2020. It was this award (ES/S008454/1) that allowed Rob to undertake the research that underpins much of this book. We are similarly grateful to all of those involved in the work of the Commission on Justice in Wales, and in particular its chair, (Lord) John Thomas, for the opportunity to input our preliminary findings into their deliberations. Their stimulus and - on occasion - challenge was important in forcing us to dig deeper for evidence as well as clarify our own thinking. We remain confident that their report will ultimately be regarded as a key inflection point in the modern history of Wales. It certainly deserves to be.
Our colleagues in the Wales Governance Centre provided essential support throughout. Guto Ifan s pathbreaking research into the funding arrangements for the Welsh criminal justice system was not only a vital resource but an inspiration. We were also fortunate in being able to conduct joint research with Luke Nicholas and Huw Pritchard which has fed into this book. More generally Huw has provided a vital sounding board over many years, with his own pioneering work in the field (Pritchard 2016) opening many doors for this project. The sage advice of Lucy Hammond and Dan Wincott helped us navigate more than one bureaucracy, while the consistent interest and enthusiasm of Richard Caddell, Nye Davies and Jac Larner helped sustain us through the most intensive writing period. Rachel Minto was kind enough to arrange an informal seminar based on part of the book which, helpfully, forced the pace in terms of putting words on pages. During that seminar Laura McAllister made a number of very useful suggestions which we were then able to follow up and include in subsequent drafts. Cian Si n generously gave much of his time and expertise to produce the tables and figures that play such a central role in Chapter 2 . More latterly, Greg Davies (now at Liverpool University), Adam Evans (now at the Houses of Parliament), Emyr Lewis (now at Aberystwyth) and Hugh Rawlings (an honorary professor at Cardiff attached to the Centre) all provided detailed comments on the penultimate draft of the book. We are particularly grateful to our friend and colleague Ed Gareth Poole, who was ready to devote more of his time than we could have reasonably expected in order to cast his careful eye over the text. Finally, Lucy Hammond (again) provided invaluable assistance with the cover. We are fortunate indeed to have been able to rely on such an outstandingly able and collegiate group. Diolch o galon!
Also owed a debt of gratitude are the following friends and colleagues who have all assisted in various ways as we have developed the arguments set out here: Alan Cogbill, Jonathan Evans, Chris Harding, Michael Harrison, Trevor Jones, Dusty Kennedy, Michael Levi, Iolo Madoc-Jones, Paul Morris, Sarah Nason, Richard Rawlings and Cerith Thomas. A special mention to another Cardiff colleague, Kirsty Hudson, who was involved in countless conversations with the two of us about criminal justice in Wales, long before we thought there might be a book in it. Her influence permeates the following pages.
We are deeply conscious of how fortunate we are in being able to work with and rely upon such an engaged and supportive community of collaborators. This makes it even more important than usual to stress that none of them is to be blamed for any mistakes or mis-steps that remain. They are solely our responsibility.
The University of Wales Press remains one of the jewels in the crown of scholarship in Wales. We are grateful for the professionalism, patience and support provided by its staff and, in particular, Adam Burns, Dafydd Jones, Llion Wigley and Elin Williams.
Finally on a more personal note, we would like to thank the following: Luke Jamieson, Dave Jones, Sue Jones, Eirig Wyn Jones, Owain Wyn Jones, Si n Parry, Gail Peek, Kenneth Radcliffe, Sarah Richards, Kevin Rush and Eli Stamnes. Not all have taken an interest in the book; indeed, some may have given the impression that they were actively disinterested in it! Yet it would not have been completed without their support. The book is dedicated to the memory of two sets of much missed grandparents. Ehed amser, erys cof .
1
INTRODUCTION
A Welsh criminal justice system?
W E ARE LONG familiar with the idea that Welsh politics or Welsh sport represent distinctive spheres with their own institutional structures and characteristics. Over the last two decades of devolution, we have become accustomed to the existence of a Welsh National Health Service and school curriculum. While the jury may still be out on the extent to which it is conceptually accurate, let alone useful, discussion of the Welsh economy is also commonplace. It remains the case, however, that talk of a Welsh criminal justice system retains a very unfamiliar ring.
To be clear, no one could or would seek to deny th