UK Justice Policy Review Volume 7 From Brexit referendum to General Election 24 June 2016 to 8 June 2017 by Richard Garside, Roger Grimshaw and Matt Ford UK Justice Policy Review Volume 7 From Brexit referendum to General Election 24 June 2016 to 8 June 2017 by Richard Garside, Roger Grimshaw and Matt Ford About the authors Richard Garside is Director, Roger Grimshaw is Research Director, and Matt Ford is Research Analyst, all at the Centre for Crime and Justice Studies. Acknowledgements Without the generous support of The Hadley Trust this publication would not have been possible. We thank them for their support for this series. Thank you to Tammy McGloughlin and Neala Hickey for their production work and to Steve Swingler our designer. Registered charity No. 251588 A company limited by guarantee Registered in England No. 496821 Centre for Crime and Justice Studies 2 Langley Lane Vauxhall London SW8 1GB [email protected] www.crimeandjustice.org.uk ©Centre for Crime and Justice Studies June 2018 ISBN: 978-1-906003-65-4 UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017 2 Contents Executive summary 4 Introduction 6 Speeches 8 Legislation 12 Police 14 Data dashboard 20 Courts and access to justice 22 Prisons 26 Probation 32 Coming up: after the General Election 36 Technical appendix 38 CENTRE FOR CRIME AND JUSTICE STUDIES 3 Executive summary Overview Act, the Prison and Courts Bill, the Preventing and Combating Violence Against Women and This is the seventh volume in the UK Justice Domestic Violence (Ratification of Convention) Policy Review series, covering the period from Act, the Domestic Abuse (Scotland) Bill, the the referendum on the UK’s membership of the Limitation (Childhood Abuse) (Scotland) Bill, and European Union in June 2016 to the snap General the Railway Policing (Scotland) Bill. The Northern Election in June 2017. It assesses and explains Ireland Assembly was not sitting for much of this criminal justice developments across the United period and no relevant legislation was passed. Kingdom’s three criminal jurisdictions of England and Wales, Scotland and Northern Ireland. Police This Review, like previous editions, focuses on the key criminal justice institutions of policing, This section gives an overview of key the courts and access to justice, prisons, and developments in policing across the criminal probation across the UK. It combines concise, justice jurisdictions of the UK. It begins with an critical analysis of policy developments with key analysis of the rise in hate crime following the data on the main trends. Brexit referendum and terror attacks in London and Manchester. Policy responses to hate and Speeches vulnerability in each jurisdiction are then covered. The first section covers four speeches made The rest of this section discusses issues around by leading politicians in each jurisdiction. This the scrutiny and accountability of the police, includes two contrasting speeches on criminal including: developments around historic justice reform, one by the former England and controversies surrounding South Yorkshire Wales Justice Secretary Liz Truss, and the other Police; the inquiry into police spying; ongoing by the former Northern Ireland Justice Minister problems with the practice of stop and search; Claire Sugden. how complaints about the police are handled; Similarly contrasting speeches on police reform by and developments in police governance. Debates Scottish Justice Secretary Michael Matheson and around police numbers and funding, which gained by the former Home Secretary Amber Rudd are renewed energy during the General Election also examined. period, are covered at the end of this section. Legislation Data dashboard This section covers key legislation that passed The data dashboard shows changes in criminal through the UK parliament and the devolved justice expenditure, staffing levels and the number assemblies during the period under review. of people criminalised and subject to various This includes: the Criminal Finances Act, the criminal justice sanctions, in each jurisdiction Investigatory Powers Act, the Policing and Crime between the review year and 2012/13 and 2016/17. UK Justice Policy Review: Volume 7 24 June 2016 to 8 June 2017 4 Courts Probation The section on courts begins by charting Liz Truss’ The section on probation begins by tracking the short but gaffe-prone tenure as Justice Secretary implementation of the beleaguered Transforming for England and Wales. Further developments in Rehabilitation reforms in England and Wales the drive to digitise aspects of court proceedings during the year in review. Newer arrangements and move away from physical courts are then in Scotland, following the reorganisation of highlighted. This includes an infographic community justice in 2016, are contrasted with highlighting the large-scale programme of court those of England and Wales. Activity around how closures in all three jurisdictions on page 23. probation work in Northern Ireland was used to prevent reconviction and avoid short prison This section goes on to describe how cuts to sentences are covered at the end of this section. legal aid have continued to be implemented An infographic on page 35 shows the different and examines their impact across the three reconviction rates in England and Wales, Scotland UK jurisdictions. Declines in the numbers and Northern Ireland. of magistrates and cases going through the magistrates’ courts, as well as debates around increasing their sentencing powers, are outlined. Coming up The final section previews some of the main Prisons elements that will be covered in more detail in the next edition of UKJPR. This includes: The section on prisons covers developments in The reverberations of the 2017 General each jurisdiction separately. Key elements of the Election, including the Conservative loss reform agenda for England and Wales set out in of its parliamentary majority and the lack the White Paper, Prison Safety and Reform, as well of legislative activity. The formation of Her as its uneven implementation, are highlighted. Majesty’s Prison and Probation Service and Page 27 includes an infographic giving an the effects of continuing increases in resource overview of all six areas covered by the White demands in prisons. Intense scrutiny of the Paper. probation reorganisation in England and Wales. In Scotland key developments include the Accountability issues surrounding the new police progress of ambitious plans to reconfigure the complaints body, the UK National Preventive women’s custodial estate and concerns about the Mechanism and the refusal of the Scottish Justice state of healthcare in Scottish prisons. Levels of Secretary to extend the police spying inquiry to safety in prisons are assessed through inspection Scotland. Questions over the sustainability of reports and reviews in each jurisdiction during the continued spending cuts; and the implications of year in review. Brexit on criminal justice policy. CENTRE FOR CRIME AND JUSTICE STUDIES 5 Introduction From Brexit referendum to General relationship? Here we take forward the story of Election the exceptional focus that prevailed in this period upon what the future might hold. This edition of UK Justice Policy Review (UKJPR) EU cooperation in justice and security covers covers the period between the ‘Brexit’ referendum a number of fields (seeEU cooperation). The on 23 June 2016, and the 8 June 2017 General UK’s approach to EU justice measures involved Election. selective ‘opt-ins’ rather than full participation. On 13 July 2016 the new Prime Minister, Theresa The government subsequently expressed a wish to May gave a speech setting out her vision for maintain a close relationship with EU institutions. Britain. How she came to her new position By refusing to accept the jurisdiction of the Court is a story directly related to the result of the of Justice of the EU in the future, the government referendum, which had led to the resignation of was faced with the question about how disputes David Cameron. With a new government came might be settled once the UK departed. new challenges and responsibilities, chief among Under the Scotland Act 1998, policing and them: to face the consequences of the referendum criminal justice were devolved matters, with and to chart a new path in Europe. some exceptions such as terrorism. While the Theresa May spoke of leading a ‘one-nation’ UK government sets the direction of the UK’s government and tackling injustices, including relation with EU justice, the Scottish government discrimination in criminal justice. Her broad has a voice, pointing out how a common justice statement of intent opened a fresh chapter in policy is complementary to the development policy discussions. The enormity and complexity of a European market. Sections of the justice of the Brexit task quickly overwhelmed the system in Scotland have been direct participants government, preventing many potential policy in EU justice institutions: for example, the Crown initiatives, including in the area of criminal Office and Procurator Fiscal Service has been justice, at least in England and Wales. The represented in the UK’s Eurojust oversight board; collapse of power-sharing in Northern Ireland in a Police Scotland officer has been assigned to the early 2017 brought the ongoing criminal justice Europol Liaison Office in The Hague. reform programme to a juddering halt. During If the result of the referendum was unexpected, it this period, it was only Scotland that had a added a completely new dimension to the policy government that could claim to be ‘strong and scene in the period under review. Not surprisingly stable’. there was no shortage of high-level inquiries dedicated to Brexit. Implications of the Brexit decision for criminal justice In Scotland a national Summit on EU Justice was convened in November 2016, at which This review begins at the moment when the EU Scotland’s relationships with agencies such as referendum decision signalled an impending Europol, and access to measures such as the withdrawal from the EU.