The Welsh criminal justice system: On the jagged edge By R. Jones, R.W. Jones, Cardiff: University of Wales Press. 2022. pp. 292. £24.99 (pbk); £24.99 (ebk). ISBN: 9781786839435; 9781786839442

Abstract

The Welsh criminal justice system: On the jagged edge is a compelling read, groundbreaking in its exposition of the unique formations of the Welsh criminal justice system (WCJS). It is the first academic mapping of the contemporary WCJS and, indeed, the first academic work to establish the existence of a distinct justice system under current devolution arrangements. Although criminal justice remains reserved to the UK government, the authors set out in robust detail the extent to which criminal justice cuts across devolved and reserved competencies in its enmeshment with the wider network of devolved social policy. In addition to establishing the existence of a distinct criminal justice system in Wales, the book's core argument is that this constitutionally forged ‘jagged edge’ of competencies constrains practitioners, the Welsh and UK governments, and ultimately prevents coherent criminal justice reform.

Chapter 1 sets out the nature of Welsh devolution, and the unorthodox – and in many ways incoherent – evolution to present constitutional arrangements. Welsh devolution sits upon a ‘two legged stool’ (departing from the traditional ‘three legged’ Westminster model) with an independent executive and legislature but no independent judiciary (the missing third leg). Instead of this third leg, the stool balances upon a ‘jagged edge’, that is, WCJS responsibilities which are scattered across the ‘England and Wales’ and ‘Wales’ levels. Welsh criminal justice is consequently the result of difficult – at times virtually impossible – collaboration of UK and Welsh governments and practitioners. The argument posed here is the book's central thesis: the constitutional foundations of the Welsh criminal justice system are such that coherent policy or ameliorative reform are significantly constrained. Though the book concludes with a hopeful discussion of what can be done while constitutional arrangements remain as they are, the central argument remains that a more just system requires different constitutional arrangements.

Chapter 2 is in itself a considerable contribution in its detailed account of the existing data on outcomes across criminal justice in Wales (recorded offending, policing, prosecution, imprisonment and reoffending rates). The authors note the scarcity of such data, particularly at the disaggregated level. This sparse and scattered data on Wales rather than ‘England and Wales’ (or, indeed, just England) is another of the jagged edge's consequences. While it is a comprehensive overview of the existing official data, the chapter calls for much more disaggregated and localised data collection on the WCJS. This existing ‘top-line’ data provides a limited picture - as acknowledged by the authors - but it highlights a range of concerning outcomes in Welsh criminal justice. While the book does not argue a causal link between constitutional arrangements and these outcomes (or imply that an independent justice system would be a solution to all ills), its strong contention is that significant improvement is highly unlikely under present conditions.

Chapters 3 and 4 map the responsibilities of the UK and Welsh governments across the jagged edge, exposing the true breadth of responsibilities – and constraints – on both sides. These chapters clearly set out how these muddled responsibilities create significant boundaries for policy development and implementation for both governments. In the case of Westminster, through holding criminal justice policy power without understanding local context or practitioners. For the Welsh government, it means power to implement related social policy - as well as a wide range of substantial, though often invisibilised, responsibilities across the WCJS - but a limited say in criminal justice policy. The reality of the formally ‘reserved’ WCJS is much more complex, and by setting this out the authors illustrate the essential distinction between policy and practice in criminal justice.

Chapter 5 again demonstrates the real-world impacts of Wales’ constitutional arrangements, presenting a wealth of existing and new empirical research conducted by the authors. This exposition of the reality of WCJS practice centres the experiences of those working in the fields of criminal justice and social policy, adding invaluable context to the ‘top-level’ data provided in Chapter 2. The two case studies are: the provision of housing (a devolved competency) for people leaving prison, and funding for policing (a reserved competency) in Wales. These case studies show the Welsh government's limited capacity to connect social policy to the WCJS, and the UK government's reliance on the Welsh government's ‘goodwill and cooperation’ to enact their policies (p.140), respectively. In illuminating the complexity of the jagged edge, a picture is rendered of two governments constrained in different, but significant, ways, creating a system caught in ‘limbo or no-man's-land’ (p.140).

Having set out official data and practitioner experiences of the WCJS, Chapter 6 deals with the implications for scrutiny and accountability. Unfortunately, it makes clear that there is insufficient scrutiny either of the ‘England and Wales’ or the ‘Wales’ competencies. Where there is scrutiny by the UK government, Welsh practices are often measured against England, and there is a failure to acknowledge the Welsh policy context. From the Welsh side, there is difficulty trying to access data and relevant ministers, as well as a lack of engagement by the Senedd and civil society organisations. Practitioners describe a ‘gap’ between the limited reach of the two governments, meaning that criminal justice scrutiny slips through. Again, the authors emphasise the constitutional construction of this ‘gap’, and note how concerning this lack of scrutiny and accountability is for any criminal justice system.

Finally, Chapter 7 seeks to address what all of this means for Welsh practitioners, for criminologists, and for what the future of the WCJS could be. It sets out the findings of the recent Thomas Commission (Commission on Justice in Wales, 2019), which was tasked with assessing the operation of the WCJS and which recently called for a devolved justice system. Various groups interested in maintaining the status quo, a lack of UK government engagement, the trivialisation of WCJS issues, and the lack of opportunities for constitutional reform in the near future present serious challenges for achieving this. Having demonstrated the constrained options at present, the authors still end on a hopeful note. They set out a number of ways in which things could be ameliorated under current conditions and, importantly, call for a conversation about what needs to change long-term. In particular, they recommend: the establishment of a dedicated research unit by the Welsh government; an engagement with WCJS issues by civil society actors and organisations; and a better academic discourse about a distinct WCJS.

This book makes a number of important contributions. First, it provides a basis for scholars and students alike to understand the existence of a distinct WCJS, located in a unique nexus of Westminster criminal justice policy and Welsh politics, culture and social policy. It has set out ‘useful data as well as a conceptual vocabulary’ for something previously overlooked (p.188). Second, it contributes to a growing body of scholarship exploring the different contours of criminal justice systems located in their contemporary cultural and political context. Taking the ‘reserved’ nature of Welsh criminal justice at face value invisibilises the reality of a distinct criminal justice system worthy of its own attention and scholarship. In particular, the book adds to the criminological departure from the Anglocentric model of discussing ‘UK’ criminal justice, something which clearly has a continuing impact on Wales or, as it is so often called: ‘England and Wales’. Finally, and most crucially, its contribution is in calling for – and providing the basis for – a more informed conversation about Welsh criminal justice which can hopefully improve outcomes for those affected by it.

The authors make it clear that this book provides a starting (rather than an end) point, and that its main goals were: to render visible a WCJS; to identify the need for attention and action on Welsh criminal justice outcomes; and to stimulate a conversation about the constraints of the ‘jagged edge’ underlying these. Areas for further work are identified, particularly around more organised and coherent data collection. As the authors note in Chapter 2, in-depth research on the lives and experiences of practitioners in Wales captures the complexity of criminal justice practice, and further research of this kind would enrich our understanding of the WCJS.

Overall, this book should be considered foundational for students and scholars of Welsh criminal justice. In addition, it provides a thought-provoking text for criminologists interested in the distinctions between criminal justice systems. Particularly those criminologists researching criminal justice in the UK who may have, until now, had little understanding of the complex and interesting case of Welsh criminal justice ‘on the jagged edge’.