Law and Rights
The Ministry of Justice has issued a Green paper entitled "Breaking the cycle: effective punishment, rehabilitation and sentencing of offenders." The paper is open for public consultation which ends on 4th March 2011. See:
Ministry of Justice News Release 7th December 2010
Links to the green paper and associated documents and The Green Paper
Whilst some aspects of the green paper have already been heralded, it is necessary to view the proposals as a whole package and to see them in the context of other changes including reform to legal aid, reduction in the numbers of Magistrates' courts etc. The paper considers punishment and "payback", payment by results, sentencing reform to make it more understandable and to support rehabilitation and reparation, youth justice (where re-offending rates are high) and working with "communities" to reduce crime including the idea of "piloting" neighbourhood justice panels to deal with low-level offending. Annex A to the paper shows an implementation plan.
Alternatives to imprisonment can be effective but they will not be unless they are adequately funded, manned by qualified and experienced personnel and backed by appropriately rigorous action in the event of breach. The paper looks at introducing different "providers" into this area and they will be paid according to results achieved in the reduction of re-offending.
Politically speaking, the paper marks a departure from the "prison works" philosophy since imprisonment will come to be used as frequently especially for less serious offences. Many penal reformers claim that short term prison sentences are generally ineffective in terms of rehabilitation though they may give a victim some temporary respite from the offender. This is likely to prove to be one of the more controversial aspects of the proposals.
- Should Imprisonment Be Abolished For Pure Property Offences?
Professor Andrew Ashworth is the Vinerian Professor of English Law at Oxford University. In a pamphlet published by the Howard League for Penal Reform, Professor Ashworth expresses the view that imprisonment should be reserved for those who commit crimes...
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Justice and Security Green Paper: The government's Green Paper "Justice and Security" has been open for consultation since October 2011. The consultation closes on 6th January 2012. The proposals relate to civil proceedings and inquests...
- The Judges Respond To Government Criminal Justice Proposals
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- Closures Of Magistrates And County Courts
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- Deterrence No.2
Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...
Law and Rights
Green Paper on Sentencing, Rehabilitation
Ministry of Justice News Release 7th December 2010
Links to the green paper and associated documents and The Green Paper
Whilst some aspects of the green paper have already been heralded, it is necessary to view the proposals as a whole package and to see them in the context of other changes including reform to legal aid, reduction in the numbers of Magistrates' courts etc. The paper considers punishment and "payback", payment by results, sentencing reform to make it more understandable and to support rehabilitation and reparation, youth justice (where re-offending rates are high) and working with "communities" to reduce crime including the idea of "piloting" neighbourhood justice panels to deal with low-level offending. Annex A to the paper shows an implementation plan.
Alternatives to imprisonment can be effective but they will not be unless they are adequately funded, manned by qualified and experienced personnel and backed by appropriately rigorous action in the event of breach. The paper looks at introducing different "providers" into this area and they will be paid according to results achieved in the reduction of re-offending.
Politically speaking, the paper marks a departure from the "prison works" philosophy since imprisonment will come to be used as frequently especially for less serious offences. Many penal reformers claim that short term prison sentences are generally ineffective in terms of rehabilitation though they may give a victim some temporary respite from the offender. This is likely to prove to be one of the more controversial aspects of the proposals.
- Should Imprisonment Be Abolished For Pure Property Offences?
Professor Andrew Ashworth is the Vinerian Professor of English Law at Oxford University. In a pamphlet published by the Howard League for Penal Reform, Professor Ashworth expresses the view that imprisonment should be reserved for those who commit crimes...
- Justice And Security Green Paper - Human Rights Conference - Law Of Contract Online
Justice and Security Green Paper: The government's Green Paper "Justice and Security" has been open for consultation since October 2011. The consultation closes on 6th January 2012. The proposals relate to civil proceedings and inquests...
- The Judges Respond To Government Criminal Justice Proposals
Crown Court at LiverpoolTwo responses to the government's green paper "Breaking the Cycle" have been published - see Judiciary website. One is from Lord Justice Thomas (Vice-President of the Queen's Bench Division and Deputy Head of Criminal...
- Closures Of Magistrates And County Courts
As widely anticipated, the Ministry of Justice has announced that 93 Magistrates' Courts and 54 County Courts will close. See Ministry of Justice "Court Reform: Delivering Better Justice." It is claimed by government that savings of £41.5 m...
- Deterrence No.2
Deterrence is aimed at dissuading the individual from re-offending (sometimes referred to as particular deterrence) as well as dissuading others from offending (general deterrence). Whilst there is widespread belief that deterrence (in either sense) works,...