Police bail without charge: The human rights implications

Whilst the power of the police to release a person on bail prior to trial has existed for centuries, the power to release on bail a person suspected of but not charged with a criminal offence has been available to the police only since 1925. The power to attach conditions to pre-charge bail is of very recent origin, having been introduced for the first time in 2003 but rapidly expanded since then. Whilst imposing restrictions on the liberty of a person should, constitutionally, be reserved to the judiciary, the fact that it was originally conceived, in part at least, as a mechanism for enhancing liberty reduced the constitutional tension created by allowing members of the executive such powers. However, the changing role of arrest in the investigation of crime and the granting of extensive powers to the police to impose bail conditions means that the police now have the ability to place controls on people not charged with a criminal offence for extended periods of time. It is argued here that this is in breach of the right to liberty under Article 5 of the European Convention on Human Rights and, in practice, may also breach other Convention rights

Comparing electronic monitoring regimes: Length, breadth, depth and weight equals tightness

This paper compares the use of electronic monitoring in three European jurisdictions – Belgium, England and Wales and the Netherlands. It suggests that rates of use, the accepted method of comparison in relation to imprisonment and a proxy measure of ‘punitiveness’ provide a misleading picture when applied to electronic monitoring. This paper transforms Crewe's concept of ‘tightness’ from a dimension of weight to encompass the overlapping elements of length, breadth, depth and weight to provide a framework for analysing how electronic monitoring regimes are designed to disrupt the lives of monitored individuals. Electronic monitoring regimes are diverse and ‘tightness’ varied as much, if not more, within as between jurisdictions. Comparisons of ‘tightness’ also inverted the scale of ‘punitiveness’ produced using rates of use

Exploring the dynamics of compliance with community penalties

In this paper, we examine how compliance with community penalties has been theorized hitherto and seek to develop a new dynamic model of compliance with community penalties. This new model is developed by exploring some of the interfaces between existing criminological and socio-legal work on compliance. The first part of the paper examines the possible definitions and dimensions of compliance with community supervision. Secondly, we examine existing work on explanations of compliance with community penalties, supplementing this by drawing on recent socio-legal scholarship on private individuals’ compliance with tax regimes. In the third part of the paper, we propose a dynamic model of compliance, based on the integration of these two related analyses. Finally, we consider some of the implications of our model for policy and practice concerning community penalties, suggesting the need to move beyond approaches which, we argue, suffer from compliance myopia; that is, a short-sighted and narrowly focused view of the issues

‘It’s Kinda Punishment’: Tandem Logics and Penultimate Power in the Penal Voluntary Sector for Canadian Youth

This paper draws on original empirical research in Ontario, Canada which analyses penal voluntary sector practice with youth in conflict with the law. I illustrate how youth penal voluntary sector practice (YPVS) operates alongside, or in tandem with the statutory criminal justice system. I argue that examining the PVS and the statutory criminal justice system simultaneously, or in tandem, provides fuller understandings of PVS inclusionary (and exclusionary) control practices (Tomczak and Thompson 2017). I introduce the concept of penultimate power, which demonstrates the ability of PVS workers to trigger criminal justice system response toward a young person in conflict with the law. My novel concepts of tandem logics and penultimate power are useful for understanding PVS practice, explaining how seemingly contradictory approaches across state and ‘community’ organizations not only co-exist, but depend upon the tandem relationship between the PVS and the statutory criminal justice system

The criminal justice voluntary sector: concepts and an agenda for an emerging field

This is the peer reviewed version of the following article: Tomczak, P. & Buck, G. (2019). The criminal justice voluntary sector: concepts and an agenda for an emerging field. Howard Journal of Crime and Justice, 58(3), which has been published in final form at https://doi.org/10.1111/hojo.12326. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions.Volunteers and voluntary organisations play significant roles pervading criminal justice. They are key actors, with unrecognised potential to shore up criminal justice and/or collaboratively reshape social justice. Unlike public and for-profit agents, criminal justice volunteers and voluntary organisations (CJVVOs) have been neglected by scholars. We call for analyses of diverse CJVVOs, in national and comparative contexts. We provide three categories to highlight distinctive organising auspices, which hold across criminal justice: statutory volunteers, quasi-statutory volunteers and voluntary organisations. The unknown implications of these different forms of non-state, non-profit justice involvement deserve far greater attention from academics, policymakers and practitioners

Inclusionary control? Theorizing the effects of penal voluntary organizations’ work

Recent penal policy developments in many jurisdictions suggest an increasing role for voluntary organizations. Voluntary organizations have long worked alongside penal institutions, but the multifaceted ways their programmes affect (ex-)offenders remain insufficiently understood. This article addresses the implications of voluntary organizations’ work with (ex-)offenders, using original empirical data. It adds nuance to netwidening theory, reframing the effects of voluntary organizations’ work as inclusionary and exclusionary. Exclusionary effects sometimes have inclusionary aspects, and inclusionary effects are constrained by a controlling carceral net. We propose the novel concept of inclusionary control. This is not an alibi for punishment but enables rich analysis of the effects of voluntary organizations’ work, and raises possibilities for change in penal practice

From the outside in: narratives of creative arts practitioners working in the criminal justice system

This is an accepted manuscript of an article published by Wiley-Blackwell in The Howard Journal of Crime and Justice on 31/12/2019, available online: https://doi.org/10.1111/hojo.12318 The accepted version of the publication may differ from the final published version.The penal voluntary sector is highly variegated in its roles, practices and functions, though research to date has largely excluded the experiences of front-line practitioners. We argue that engaging with the narratives of practitioners can provide fuller appreciation of the potential of the sector’s work. Though life story and narrative have been recognised as important in offender desistance (Maruna, 2001), the narrative identities of creative arts practitioners, who are important ‘change agents’ (Albertson, 2015), are typically absent. This is despite evidence to suggest that a practitioner’s life history can be a significant and positive influence in the rehabilitation of offenders (Harris, 2017). Using narratological analysis (Bal, 2009), this study examined the narratives of 19 creative practitioners in prisons in England and Wales. Of particular interest were the formative experiences of arts practitioners in their journey to prison work. The findings suggest that arts practitioners identify with an ‘outsider’ status and may be motivated by an ethic of mutual aid. In the current climate of third sector involvement in the delivery of criminal justice interventions, such a capacity may be both a strength and weakness for arts organisations working in this field