Courts, Sentencing & the Legal Profession Archives | Criminal Justice Alliance https://www.criminaljusticealliance.org/resources-areas/courts-sentencing-the-legal-profession/ Wed, 15 Jan 2025 15:53:26 +0000 en-GB hourly 1 195521869 The CJA’s submission to the MoJ’s Independent Sentencing Review https://www.criminaljusticealliance.org/cja-resources/the-cjas-submission-to-the-mojs-independent-sentencing-review/ Wed, 15 Jan 2025 15:50:12 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=11492 Former Lord Chancellor and Justice Secretary, the Rt Hon David Gauke, and an expert panel are carrying out an independent review of sentencing. This comprehensive re-evaluation of our current sentencing framework was prompted by the extreme capacity pressures on the prison system and the subsequent emergency measures announced by the new government. The review seeks […]

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]]> Former Lord Chancellor and Justice Secretary, the Rt Hon David Gauke, and an expert panel are carrying out an independent review of sentencing. This comprehensive re-evaluation of our current sentencing framework was prompted by the extreme capacity pressures on the prison system and the subsequent emergency measures announced by the new government. The review seeks to provide long term solutions to the prison overpopulation crisis by examining non-custodial sentences, short and longer custodial sentences, alongside sentencing practises for prolific offenders and those with specific needs and vulnerabilities, and the administration of sentences.

Our submission is informed by our members; we consulted with civil society organisations, academics, and those with lived experience of the justice system.

Our recommendations focus on topics including:

  • Expanding the use of problem-solving courts and developing new quasi-custodial sentences.
  • Tackling the deterioration of prisons and improving prison culture to aid rehabilitation.
  • Learning lessons from the unsuccessful “Transforming Rehabilitation” programme, and urgently improving a Probation Service that is currently “beyond crisis”.
  • Re-embracing the challenges laid by the Corston Review.
  • Placing racial disparity at the heart of reform.
  • Involving those with lived experience, and those impacted by crime, in policy development processes.
  • Incorporating a better understanding of trauma and trauma-informed interventions in order to support desistance.

Importantly, we highlight issues of repetition. Numerous policy consultations have been held on these issues over the past decade. While initiatives have been highlighted, learnings have not been well-documented, and recommendations/improvements have failed to be implemented.

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]]> 11492 Time for change: A call for collaborative criminal justice reform https://www.criminaljusticealliance.org/cja-resources/time-for-change/ Tue, 30 Jul 2024 09:29:26 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=11064 Time for change advocates for a transformative approach to the criminal justice system (CJS) through strengthened collaboration between the government and civil society. It emphasises a shift from punitive measures to rehabilitation, focusing on prevention and addressing systemic issues such as institutional racism and the treatment of women. The report is based on insights from […]

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]]> Time for change advocates for a transformative approach to the criminal justice system (CJS) through strengthened collaboration between the government and civil society. It emphasises a shift from punitive measures to rehabilitation, focusing on prevention and addressing systemic issues such as institutional racism and the treatment of women.

The report is based on insights from six consultations held in early 2024, highlighting the need for a fair and effective CJS that engages individuals with lived experience and prioritises evidence-based policies. Key recommendations include improving victim services, enhancing prison conditions, tackling institutional biases, and fostering a more equitable and rehabilitative justice system. The CJA calls on the new government to partner with civil society to implement these reforms.

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]]> 11064 Criminal Injuries Compensation Scheme consultation response https://www.criminaljusticealliance.org/cja-resources/criminal-injuries-compensation-scheme-consultation-response/ Mon, 01 Aug 2022 11:55:36 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=8697 The CJA recommends the removal of the exclusionary rule and for the return to a discretionary system which was in place prior to 2012. This would mean decision-makers in the Criminal Injuries Compensation Authority (CICA) can exercise discretion in order to compensate those with unspent convictions, where there are exceptional reasons for an award not […]

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]]> The CJA recommends the removal of the exclusionary rule and for the return to a discretionary system which was in place prior to 2012. This would mean decision-makers in the Criminal Injuries Compensation Authority (CICA) can exercise discretion in order to compensate those with unspent convictions, where there are exceptional reasons for an award not to be withheld or reduced.

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]]> 8697 Justice Select Committee remand inquiry response https://www.criminaljusticealliance.org/cja-resources/justice-select-committee-remand-inquiry-response/ Thu, 07 Jul 2022 16:01:28 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=8432 In this response to the Justice Select Committee’s inquiry into the role of adult custodial remand, we urge the government to reduce the rising level of remand through the urgent scaling-up of Bail Information Services in courts and prisons. We also recommend the government end the disproportionate use of remand for Black, Asian and minority […]

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]]> In this response to the Justice Select Committee’s inquiry into the role of adult custodial remand, we urge the government to reduce the rising level of remand through the urgent scaling-up of Bail Information Services in courts and prisons. We also recommend the government end the disproportionate use of remand for Black, Asian and minority ethnic women and divert resources set aside for prison expansion to community-based support services, such as Women’s Centres.

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]]> 8432 10 ways the PCSC Bill will entrench racial inequality in the criminal justice system https://www.criminaljusticealliance.org/cja-resources/ten-ways-the-pcsc-bill-will-entrench-racial-inequality-in-the-criminal-justice-system/ Tue, 19 Oct 2021 14:45:31 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=7409 This joint briefing from a coalition of criminal justice organisations outlines how 10 clauses in the Police, Crime, Sentencing and Courts Bill will deepen racial inequality in the criminal justice system, and without evidence that they will reduce crime or improve public safety. We draw on the government’s own equality assessments, which acknowledge that most […]

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]]> This joint briefing from a coalition of criminal justice organisations outlines how 10 clauses in the Police, Crime, Sentencing and Courts Bill will deepen racial inequality in the criminal justice system, and without evidence that they will reduce crime or improve public safety. We draw on the government’s own equality assessments, which acknowledge that most of the provisions reviewed in this briefing are indirectly discriminatory. We also highlight the government’s lack of evidence that they are a ‘proportionate means of achieving a legitimate aim’ and the lack of sufficient mitigation of their impact on Black, Asian and minority ethnic communities.

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]]> 7409 Government response to open letter on PCSC Bill https://www.criminaljusticealliance.org/cja-resources/government-response-to-open-letter-on-pcsc-bill/ Mon, 05 Jul 2021 09:22:49 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=7221 In March, the CJA and a coalition of organisations wrote to the Prime Minister, warning that the Police, Crime, Sentencing and Courts Bill will deepen existing racial inequality in the criminal justice system, leading to more Black, Asian and minority ethnic people being swept into the criminal justice system for ever increasing periods of their […]

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]]> In March, the CJA and a coalition of organisations wrote to the Prime Minister, warning that the Police, Crime, Sentencing and Courts Bill will deepen existing racial inequality in the criminal justice system, leading to more Black, Asian and minority ethnic people being swept into the criminal justice system for ever increasing periods of their lives. We have now received a response from the government.

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]]> 7221 Second response from the Ministry of Justice on custody time limits https://www.criminaljusticealliance.org/cja-resources/second-response-from-the-ministry-of-justice-on-custody-time-limits/ Thu, 17 Jun 2021 13:59:10 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=7186 The CJA has been in communication with the justice secretary in recent months, raising our concerns about the decision to extend the amount of time someone can be kept in prison while awaiting trial. We have also been pushing for the greater use of Bail Information Services in courts and prisons, which can help people […]

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]]> The CJA has been in communication with the justice secretary in recent months, raising our concerns about the decision to extend the amount of time someone can be kept in prison while awaiting trial. We have also been pushing for the greater use of Bail Information Services in courts and prisons, which can help people satisfy requirements for bail, preventing them from being remanded in prison. We have now received a further response from the justice secretary.

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]]> 7186 How the PCSC Bill will entrench racial disparity https://www.criminaljusticealliance.org/cja-resources/how-the-pcsc-bill-could-entrench-racial-disparity/ Thu, 20 May 2021 13:40:34 +0000 https://www.criminaljusticealliance.org/?post_type=resources&p=7099 This briefing from a coalition of criminal justice and race equality organisations explores how the Police, Crime, Sentencing and Courts Bill could deepen racial inequality in the criminal justice system. It analyses the equality impact assessments behind the Bill, and calls for the government to withdraw the discriminatory measures and launch a proper public consultation.

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]]> This briefing from a coalition of criminal justice and race equality organisations explores how the Police, Crime, Sentencing and Courts Bill could deepen racial inequality in the criminal justice system. It analyses the equality impact assessments behind the Bill, and calls for the government to withdraw the discriminatory measures and launch a proper public consultation.

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]]> 7099 Response from Ministry of Justice on custody time limits https://www.criminaljusticealliance.org/cja-resources/response-from-ministry-of-justice-on-custody-time-limits/ Mon, 01 Feb 2021 11:24:52 +0000 https://www.highscoredev.co.uk/cja/?post_type=resources&p=4029 We recently wrote to the Ministry of Justice, calling for the government to reverse its decision to extend the amount of time someone can be kept in prison awaiting trial before their case must be reviewed by a judge. We also called for the reintroduction of Bail Information Services, which can help defendants secure bail […]

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]]> We recently wrote to the Ministry of Justice, calling for the government to reverse its decision to extend the amount of time someone can be kept in prison awaiting trial before their case must be reviewed by a judge. We also called for the reintroduction of Bail Information Services, which can help defendants secure bail rather than be kept in prison awaiting trial. The justice secretary Robert Buckland has responded in this letter.

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]]> 4029 Response from Ministry of Justice on sentencing White Paper https://www.criminaljusticealliance.org/cja-resources/response-from-ministry-of-justice-on-sentencing-white-paper/ Mon, 01 Feb 2021 08:56:52 +0000 https://www.highscoredev.co.uk/cja/?post_type=resources&p=4015 We recently worked with members to respond to the government’s sentencing White Paper, identifying positive elements of the proposals, highlighting our concerns, and making recommendations for fair and effective sentencing. In this letter with an accompanying annex, the government responds to our briefing, discussing areas such as community sentences, problem-solving courts, probation, youth justice and […]

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]]> We recently worked with members to respond to the government’s sentencing White Paper, identifying positive elements of the proposals, highlighting our concerns, and making recommendations for fair and effective sentencing. In this letter with an accompanying annex, the government responds to our briefing, discussing areas such as community sentences, problem-solving courts, probation, youth justice and more.

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