《威尔士刑事司法系统:锯齿边缘》,R.W.Jones著,加的夫:威尔士大学出版社。2022年,第292页。24.99英镑(pbk);24.99英镑(ebk)。ISBN:99781786839435;9781786839442

Q2 Social Sciences Howard Journal of Crime and Justice Pub Date : 2023-06-10 DOI:10.1111/hojo.12526
Cara L.C. Hunter
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In addition to establishing the <i>existence</i> 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 <i>and</i> UK governments, and ultimately prevents coherent criminal justice reform.</p><p>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 <i>significantly</i> 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.</p><p>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. 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It sets out the findings of the recent Thomas Commission (Commission on Justice in Wales, <span>2019</span>), 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. 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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.</p><p>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. 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引用次数: 2

摘要

在列出了WCJS的官方数据和从业者经验之后,第6章讨论了审查和问责制的含义。不幸的是,它清楚地表明,无论是“英格兰和威尔士”还是“威尔士”的能力都没有得到充分的审查。在英国政府的监督下,威尔士的做法往往与英格兰的做法相比较,而且没有承认威尔士的政策背景。从威尔士方面来看,很难获得数据和相关部长,也缺乏Senedd和民间社会组织的参与。从业人员描述了两国政府有限的权力范围之间的“鸿沟”,这意味着刑事司法审查会被遗漏。作者再次强调了这一“鸿沟”的宪法构建,并指出缺乏审查和问责对任何刑事司法系统来说都是多么令人担忧。最后,第7章试图解决所有这些对威尔士从业者意味着什么,对于犯罪学家,以及WCJS的未来可能是什么。它列出了最近托马斯委员会(威尔士司法委员会,2019年)的调查结果,该委员会的任务是评估威尔士司法委员会的运作,最近呼吁建立一个权力下放的司法系统。各种对维持现状感兴趣的团体,缺乏英国政府的参与,WCJS问题的琐屑化,以及在不久的将来缺乏宪法改革的机会,都是实现这一目标的严峻挑战。在展示了目前有限的选择之后,作者最后仍然充满希望。他们提出了一些在当前条件下可以改善的方法,重要的是,呼吁就需要长期改变的问题进行讨论。他们特别建议:由威尔士政府建立一个专门的研究单位;民间社会行为者和组织参与WCJS问题;以及关于一个独特的WCJS的更好的学术论述。这本书作出了许多重要的贡献。首先,它为学者和学生提供了一个基础,让他们了解一个独特的WCJS的存在,它位于威斯敏斯特刑事司法政策和威尔士政治、文化和社会政策的独特联系中。它为一些以前被忽视的东西提供了“有用的数据和概念词汇”(第188页)。其次,它有助于越来越多的学术机构探索位于其当代文化和政治背景下的刑事司法系统的不同轮廓。从表面上看,威尔士刑事司法的“保留”性质掩盖了一个值得关注和研究的独特刑事司法系统的现实。特别是,这本书增加了犯罪学上的偏离,讨论“英国”刑事司法的盎格鲁中心模式,这显然对威尔士有持续的影响,或者,正如它经常被称为:“英格兰和威尔士”。最后,也是最关键的是,它的贡献是呼吁——并为——关于威尔士刑事司法的更知情的对话提供基础,这有望改善受其影响的人的结果。作者明确表示,本书提供了一个起点(而不是终点),其主要目标是:呈现可见的WCJS;确定对威尔士刑事司法结果的关注和行动的必要性;并激发一场关于这些“锯齿边缘”的约束的对话。确定了进一步工作的领域,特别是围绕更有组织和连贯的数据收集。正如作者在第2章中指出的那样,对威尔士从业人员的生活和经验的深入研究抓住了刑事司法实践的复杂性,这种进一步的研究将丰富我们对WCJS的理解。总的来说,这本书应该被认为是威尔士刑事司法的学生和学者的基础。此外,它还为对刑事司法系统之间的区别感兴趣的犯罪学家提供了一个发人深省的文本。特别是那些在英国研究刑事司法的犯罪学家,他们可能到目前为止对威尔士刑事司法“处于锯齿边缘”的复杂而有趣的案例知之甚少。
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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

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’.

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来源期刊
CiteScore
2.30
自引率
0.00%
发文量
41
期刊介绍: The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.
期刊最新文献
Issue Information Being watched: The aftermath of covert policing Observing justice: Digital transparency, openness and accountability in criminal courts By J. Townend, L. Welsh, Bristol: Bristol University Press. 2023. pp. 176. £45.00 (hbk). ISBN: 9781529228670 Children in conflict with the law: Rights, research and progressive youth justice By U. Kilkelly, L. Forde, S. Lambert, K. Swirak, London: Palgrave Macmillan. 2023. pp. 185. £34.99 (hbk). ISBN: 9783031366512; £27.99 (ebk). ISBN: 9783031366529 Trans and gender diverse offenders’ experiences of custody: A systematic review of empirical evidence
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