A competence assessment framework for scientific support within policing in England and Wales

The Association of Chief Police Officers commissioned Skills for Justice to develop a competence assessment framework to support police forces' scientific support units evidence the competence of their staff against nationally agreed standards of competence. This will also help forces on their journey towards ISO 17025 and ISO 17020 accreditation. A six point framework has been developed and published and is now being implemented across many forces.     

A Challenge for Police-Community Relations: Rethinking Stop and Search in England and Wales

This article presents research carried out as part of a government research programme looking at how police tactic of 'stop and search' in England and Wales. For many years, figures which have shown a higher rate of stop and search of minority ethnic groups, particularly black people, have provoked much controversy, and have been seen by many as a manifestation of police racism. This article reviews the way in which stop and search impacts on public confidence, with particular reference to those from minority ethnic groups. It goes on to explore its role within policing, including an examination of its effectiveness against crime and the evidence for racism in police practice. Following from this, it considers how stop and search can be used in a way that minimises negative impacts on the community and maximises its effectiveness against crime.     

Edem v. The Information Commissioner and The Financial Services Authority [2014] EWCA Civ 92

From time to time the Court of Appeal feels the need to steer inferior courts and tribunals away from an over-enthusiastic application of a particular direction of travel signposted by its own previous decisions. In the Edem judgment, published on 7 February 2014, the court has taken the opportunity to restrict significantly the application of its decision more than a decade ago in Durant v. Financial Services Authority, ¹ a case that has been relied on by many commercial data protection practitioners to deny subject access or the wider application of the Data Protection Act 1998 on the grounds that the data were not personal in that they did not relate to the individual in question even though the individual's name appeared as part of the data.     

New directions in policing fraud: The emergence of the counter fraud specialist in the United Kingdom

Fraud and corruption in the public sector have become issues of increasing importance for the government in the United Kingdom. Numerous initiatives have emerged ranging from high profile publicity campaigns against benefit fraud and tax evasion to the establishment of specialist bodies, such as the NHS Counter Fraud and Security Management Service (NHSCFSMS). One of the most interesting developments, however, has been the emergence of the ‘counter fraud specialist (CFS)’ across central and local government, as well as the private sector. These are specially trained civilian personnel who are tasked to prevent, investigate and secure sanctions against fraudsters. They undertake common training packages and are accredited by the Counter Fraud Professional Accreditation Board (CFPAB). This paper first outlines the emergence of the CFS; then draws upon the results of recent survey data to discuss some of their characteristics. The paper also considers some of the main issues raised by the growth of the CFS including the possible emergence of an embryonic ‘fraud police’, the indirect ‘load shedding’ of fraud investigation and the governance of this new breed of policing personnel.     

Regulating stop and search: a challenge for police and community relations in England and Wales

Policing in England and Wales has become increasingly contested since the 1960s and has been subject to unprecedented levels of public scrutiny. Stop and search powers have played a central role in this process and, though often described as an essential part of modern policing, have continued to provide a flashpoint in police–community relations. In this article the authors briefly review the history of stop and search in England and Wales, drawing particular attention to the concerns that have been raised about the use of this power in relation to minority ethnic communities. The article goes on to consider how issues of public trust and confidence have been addressed and raises questions about the effectiveness of efforts to regulate this area of activity. Finally, we suggest that regulation has become too tightly bound to ‘‘race’’ and measures of disproportionality. Instead, we argue that the current focus on ‘‘race’’ should be broadened to include other groups that may be subject to over-policing and that monitoring should be based on a system of triangulation, which combines multiple indicators and mixed methods.     

The Transportation of Bigamists in Early-Nineteenth-Century England and Wales

ABSTRACT

Between 1795 and 1853, over 250 men and women were sentenced to transportation for committing the crime of bigamy. This harsh treatment is at odds with the assumption that the sentences handed down to bigamists were generally light. This article provides the first in-depth study of the use of transportation in this context, drawing on the criminal registers, the Proceedings of the Old Bailey, and local and national newspaper reports in order to ascertain who was transported for bigamy, and why. Analysing a range of aggravating and mitigating factors, it shows why certain cases were deemed to merit the harshest form of punishment, while others, despite exhibiting some of the same factors, were treated more leniently. The sheer greed, deceit and nastiness demonstrated by many of these bigamists provide a significant counter-narrative to the depiction of bigamy as a substitute for divorce and raises broader questions about its incidence.     

Arresting Statistics: The Drift to Informal Justice in England and Wales

This paper re-examines some of the current theoretical models and paradigms of criminal justice in England and Wales based on an analysis of national arrest statistics between 1981 and 1997. The data show that there has been a large increase in the number of arrests in the period but the number of people prosecuted has declined. An increasing number of people are being arrested and released without any further action. The principal argument is that there has been a radical shift in power away from the formal open and public system of justice towards a more informal closed system. The paper concludes that while these trends lend support to a number of theoretical perspectives on the criminal justice process, particularly Choongh's social disciplinary model, the radical transformation which has taken place in the form of criminal justice can only be understood within the broader politics and economic structures of modern Britain.     

Social Justice and Religion in Prison: The Case of England and Wales

The policy of the Federal Bureau of Prisons in the United States is to show equal respect for all religious faiths, but the Prison Service Chaplaincy of England and Wales employs only Christian chaplains and is effectively controlled by the established Church of England. Recent empirical research shows that prisoners who belong to minority faith communities and new religious movements in England and Wales do not enjoy equality of opportunity to practice their religion. For example, their religious and spiritual needs are met by volunteer Visiting Ministers, who in turn must rely on full-time Christian chaplains to facilitate their access to prisoners, meeting rooms, and religious artifacts. This dependency gives rise to feelings of resentment, unjust discrimination, and marginalization among members of minority faith communities.     

The Confucian ethic and the spirit of East Asian police: a comparative study in the ideology of democratic policing

This paper is an empirical study in comparative police ideology. It describes cultural qualities that distinguish Taiwan’s idea of democratic policing from comparable ideas in other places. I examine the historical process by which Taiwan’s police came to be organized around the population registry (the hukou). This process has institutionalized a Confucian understanding of civic virtue as an organizing principle in Taiwanese policing. Based on these historical and cultural observations, I formulate an ideal typical model of Taiwanese “policing through virtue” that can be compared to other stereotypical national policing styles such as Britain’s “policing by consent,” America’s discretionary policing, and France’s formalist emphasis on division of power and rule of law.     

The Protection of Prisoners’ Rights in England and Wales

The system in England and Wales for the protection of prisoners’ rights relies on three institutions: a prisons inspectorate with right of entry to all prisons at any time, a prisons and probation ombudsman, and local independent monitoring boards. This contribution focuses on the Prisons Inspectorate and discusses its methodology and criteria for inspection, based on international human rights standards; the effectiveness of the inspectorate; its independence and relationships with other monitoring bodies, the government and the prison service; the application of the methodology to other countries outside the UK; and future developments and threats.     

The dark figure of infanticide in England and Wales: complexities of diagnosis

Infants aged younger than 12 months have the highest homicide victimization rate of any single age group in England and Wales. In addition, there are good grounds for believing that the official homicide statistics for this particular age group are an underestimate and subject to distortion. At the same time there is evidence mounting in the United Kingdom that some parents have been incorrectly convicted of infanticide. This article first explores all recorded cases of infanticide in England and Wales for the period 1995-2002 (298 cases in total). Characteristics of the offenders, victims, offense, and court outcomes are examined. The second part of the article takes a critical gaze at the complexities involved in distinguishing infanticide from sudden infant death syndrome (SIDS) and other sudden unexplained deaths in infancy (SUDI). The article ends by considering in what ways infant deaths might be more effectively investigated.