FIONA LOUISE PINK 1401637
By investigating the change in volume of trial receipts at a single Crown Court is it possible to draw robust conclusions as to why a change has occurred since 2015? MSc in Applied Criminology Faculty of Humanities and Social Sciences
September, 2018
This independent study has been completed as a requirement for a higher degree of the University of Winchester.
Acknowledgements I would like to formally thank all those who have taken the time and effort to help and support me throughout my extended time at The University of Winchester whilst I completed my MSc in Applied Criminology. This piece of work would not have been completed without the help and encouragement which was provided by the Applied Criminology team at the University of Winchester. I especially appreciate all the support and knowledge that Adrian Barton has given me as my supervisor whilst I have been conducting this project. He has made me feel so much more confident in being able to complete it to my best ability. I would also like to thank JP Oosthuizen for inspiring me to pursue this degree in the first place and for taking the time to help me organise my placement amongst everything else he has done for me and the other students on the course. I owe a great deal of thanks to the Police and Crime Commissioners Office, in particular Enzo Riglia, Natasha Fletcher, Anja Kimberly, and Alan Hagger, for providing me with the opportunity to conduct my research with them. I would also like to thank them for the efforts they have gone to ensuring my experience has been as enjoyable as possible. I would finally like to thank my family and friends, for giving me continuous encouragement and making this such an enjoyable journey. I have thoroughly enjoyed the past year and I am excited to see what path I go down next.
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Abstract The following research project intends to investigate whether it is possible to draw robust conclusions as to why a change in trial receipts have occurred since 2015. This was done through a primary research method of in-depth qualitative data to ascertain the trends in which crime types have/have not reduced and to identify what impact the Criminal Justice System and its agencies has on the reduction of trial receipts at Winchester Crown Court. The data was gathered through conducting five semi-structured interviews with professionals who are involved in an offender’s journey to attending court. It was found that crime has not reduced and statistics suggest a decline in crime because there is now less crime being recorded by the police. When focusing on trial receipts, the types of crimes which are disappearing at Winchester Crown Court are the cases which the Recorders in court would deal with. It was also concluded that there are three key factors which contribute to the fall in trial receipts with a resourcing issue being the most important factor. It is recommended from this research that there needs to be a review of the investments going into the Criminal Justice System and resource distribution. Further improvements could also be made with more research and training being provided relating to new types of crimes along with more work being done within the community to build better rapport between them and the police to ensure that victims are reporting their crimes.
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Declaration I, Fiona Louise Pink, declare that this dissertation has been completed exclusively by myself with no influence of others. I declare that it has not been used for any other previous form of application and has been created for the purpose of the academic requirements of the MSc Applied Criminology course at the University of Winchester. The work presented in this dissertation is entirely my own, except where stated otherwise through reference of authors.
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Table of Contents Acknowledgements....................................................................................................................... i Abstract ....................................................................................................................................... ii Declaration ................................................................................................................................. iii Table of Contents ........................................................................................................................ iv 1.0 Introduction ........................................................................................................................... 1 2.0 Literature Review ................................................................................................................... 4
2.1 Introduction...................................................................................................................... 4 2.2 Causes of crime ................................................................................................................ 5 2.2.1 Social learning theory ............................................................................................................ 5 2.2.2 Biological factors .................................................................................................................... 6 2.2.3 Economic deprivation ............................................................................................................. 6 2.2.4 Drug and alcohol abuse ......................................................................................................... 7
2.3 Factors contributing to the reduction of crime and court cases ..................................... 8 2.3.1 Government policy and legislative change ............................................................................ 8 2.3.2 Reducing reoffending ............................................................................................................. 9 2.3.3 Out of court disposals .......................................................................................................... 11 2.3.4 Behaviour within the Criminal Justice System ..................................................................... 12
2.4 Conclusion ...................................................................................................................... 13 3.0 Methodology ....................................................................................................................... 15
3.1 Introduction.................................................................................................................... 15 3.2 The type of research ...................................................................................................... 15 3.3 Gathering the data ......................................................................................................... 16 3.4 Analysing the data .......................................................................................................... 21 3.5 Ethical considerations .................................................................................................... 21 3.6 Conclusion ...................................................................................................................... 23 4.0 Data Analysis and Discussion ................................................................................................ 25
4.1 Introduction.................................................................................................................... 25 4.2 Discussion 1 - To ascertain the trends in which crime types have/have not reduced .. 25 4.2.1 The reduction of crime ......................................................................................................... 26 4.2.2 What crime types are reducing at Winchester Crown Court ............................................... 26
4.3 Discussion 2 - To identify what impact the Criminal Justice System and its agencies has on the reduction of trial receipts at Winchester Crown Court ............................................ 27 iv | P a g e
4.3.1 Resource considerations ...................................................................................................... 28 4.3.2 Structural change ................................................................................................................. 30 4.3.3 Behavioural considerations .................................................................................................. 33
4.4 Conclusion ...................................................................................................................... 37 5.0 Conclusion ........................................................................................................................... 39 6.0 Reference List....................................................................................................................... 42
Books .................................................................................................................................... 42 Chapter within a book .......................................................................................................... 43 Emails ................................................................................................................................... 43 Journals ................................................................................................................................ 43 News articles ........................................................................................................................ 45 Online publications .............................................................................................................. 45 Reports ................................................................................................................................. 47 Websites ............................................................................................................................... 47 7.0 Appendices .......................................................................................................................... 49
Appendix One: Winchester Crown Court Statistics ............................................................. 50 Appendix Two: Participant Profile Sheet ............................................................................. 51 Appendix Three: Invitation Letter ........................................................................................ 52 Appendix Four: Consent Form ............................................................................................. 53 Appendix Five: Interview Schedule ...................................................................................... 55 The Police: ..................................................................................................................................... 55 The Crown Prosecution Service: ................................................................................................... 57 Those who work in Court: ............................................................................................................. 59
Appendix Six: RKE Ethics Perform ........................................................................................ 61
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1.0 Introduction In England and Wales 1.7 million people were dealt with by the Criminal Justice System in 2015 (Ministry of Justice, 2016:1) compared to 1.64 million in 2017 (Ministry of Justice, 2018:1). Moreover, when explicitly focusing on Crown Courts the number of receipts in England and Wales was 33,357 in the first quarter of 2015 (Ministry of Justice, 2015:7) compared with 29,700 in the first quarter of 2017 (Ministry of Justice, 2017:4). These numbers reinforce the view that there is a decline in number. Above all when focusing solely on Winchester Crown Court, their statistics manifest the same downward trend with 404 trials in January 2015 as opposed to 194 trials in January 2017 (see Appendix One).
Crown Courts in England and Wales are used to deal with more serious cases (gov.uk, 2018). They are also used to handle cases which have been sent from the Magistrates Court due to being ‘indictable only’, meaning they can only be heard at Crown Court, or because the seriousness of the crime is too great for a Magistrate to sentence (Courts and Tribunals Judiciary, 2018). The final two reasons for a case to be seen at Crown Court is because an appeal is being made against the decision of the Magistrates’ Court or it is an either way offence (Courts and Tribunals Judiciary, 2018). The offences which are heard at Crown Court are divided into three classes. Class one cases are the most serious, including murder, and are generally heard by a High Court Judge. Class two cases, including rape, are often heard by a circuit judge under the authority of the Presiding Judge. Class three cases, which include all other cases such as kidnapping, burglary, grievous bodily harm and robbery, are heard by either a Circuit Judge or Recorder (Courts and Tribunals Judiciary, 2018). 1|Page
This research will use interviews with knowledgeable professionals who are related to an offender’s journey to attending court to try and establish a robust conclusion as to why the statistics are displaying a downward trend of trial receipts at Winchester Crown Court. In order to achieve this, the research aims and objectives, which are listed below, will be explored:
Aim: To investigate why the amount of trial receipts have decreased at Winchester Crown Court between January 2015 and January 2017. Objective 1: To ascertain the trends in which crime types have/have no reduced. Objective 2: To identify what impact the Criminal Justice System and its agencies has on the reduction of trial receipts at Winchester Crown Court. This research will be unique in the fact that it is focusing on only one Crown Court out of the 77 which are across England and Wales (Courts and Tribunals Judiciary, 2018). Chapter Two, a Literature Review will identify the range of research available suggesting that statistics have declined due to a reduction of crime. In addition, there is a range of research and literature which draws upon strong evidence to display the causes of crime and why crime has dropped. As a result of this research there is now evidence that refutes the claim of trial receipts declining due to a decline in crime, which will be discussed in Chapter Four. This chapter will explain what is believed to be happening with crime within society, as well as addressing the three key factors which presents the case of why trial receipts at Winchester Crown Court have declined. Through doing so it will also make comparisons with Themes Valley in order to gain an understanding of whether 2|Page
the issues which arose from the analysis is a national problem, or whether they are concerns for just within Hampshire. Within Chapter Three the mechanics of the research are discussed outlining why decisions were made. It will inaugurate what type of research was carried out in order to achieve the set aim. It also describes the benefits and limitations of this research justifying each aspect of the methodology. Finally, to conclude, useful recommendations will be made relevant to the findings of this research, which can be used more widely to influence decision making.
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2.0 Literature Review 2.1 Introduction This chapter is going to explore existing literature which is relevant to this area of research. It will seek to identify current theories and publications on the subject matter as well as any gaps within research. It is important to highlight that there will be an inconsistency within the terminology used, to ensure that they reflect the context of the time period of the discussed literature. Also, when discussing crime it will be referring to crime which has been recorded into statistics. When looking at the crime rate for England and Wales there were 6.8 million offences in the year ending March 2015 (Office for National Statistics: 2015:3) and 5.9 million offences recorded in the year ending March 2017 (Office for National Statistics: 2017:4). This trend is consistent with the amount of people being arrested. In the year ending March 2015 where 950,000 people were arrested by the police (Home Office, 2015:3) compared to 777,660 people in the year ending March 2017 (Home Office, 2017:7). From the understanding that the crime rate has declined, this chapter will begin by examining the causes of crime. It will then move on to explain why there has been a decrease in crime through discussing government policy and legislative change, reoffending, out of court disposals and behaviour within the Criminal Justice System. Throughout each topic further discussion will show how they influence a decline in Crown Court cases.
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2.2 Causes of crime 2.2.1 Social learning theory Looking at the nature versus nurture debate on the causes of crime, the social learning theory is positioned on the nurturing side. The social learning theory draws upon the idea that people learn behaviours from others through observation (Hergenhahn and Olson1997, cited in Gibson, 2004:194). Bandura’s theory (1977, cited in Gibson, 2004:195) focuses towards the cognitive processes involved in the observation, where he believed that humans can learn through observation without the need for imitation. Bandura stated that learning could be either direct or indirect and that through observing others’ behaviours and witnessing the consequences of their behaviours individuals can create their own understanding. Socialisation is putting the social learning theory into action being something which every individual goes through to learn ‘skills, behavioural patterns, values and motivations’ (Maccoby, 2015:3). Socialisation allows an individual to develop their own understanding of what is socially acceptable and unacceptable (Lubbers et al, 2009:1717-1719) therefore, maintaining a smooth run of society, individuals need to learn socially acceptable values and behaviour patterns. Functionalists state that primary socialisation, where you are influenced by your parents at home, is key as it forms the basis for the stability of society (Walklate, 2011:67). David Cameron reiterates this in 2011, whilst acting as Prime Minister, by stating that ‘the first place people learn these values is in the home. That is why I make no apology for talking about the importance of family and marriage’ (Express, 2011 [online]). It is important to understand how people are influenced by others and how the socialisation process works because it allows organisations to work with families and societies to 5|Page
ensure that individuals are being socialised in a way which will not disrupt the smooth running of society through creating anomie. 2.2.2 Biological factors Biological theorists are positioned on the other side of the nature versus nurture debate. Theorists on this side of the debate would argue that it is because of biological factors that someone commits a crime. Despite being outdated and discredited, Lombroso is a key traditional theorist who developed a notion that criminality was inherited where its propensity was visible in the physical body. Lombroso recognised in his work that there were certain features of the body which formed the criminal man which he labelled the ‘stigmata’ (Ramsland, 2009:70). There are more credible theorists who also explain how biological factors can influence criminality. Eysneck, for example, discusses how there is a higher concordance in criminal behaviour among identical twins rather than fraternal twins (Fox, 2017:22). Also, researchers such as Plomin and Asbury (2005), explain how there is a heritable influence in many traditional areas of psychological research such as in mental illness, personality, cognitive disabilities and abilities, and drug use and abuse. Focusing solely on the area of mental illness, Bennett et al (2011, cited in Tully, 2017:7) found in their study that those diagnosed with a schizophrenia disorder were 13 times more likely to commit homicide compared to those in the general population. 2.2.3 Economic deprivation A person’s socio-economic group is another influential factor over crime. Traditionally, research states that economic deprivation and inequality has the strongest positive correlation with crime rates (Hooghe et al, 2011:1). Merton’s strain 6|Page
theory is an important theory to consider because of the role it has in understanding why offenders commit crime. Merton states that deviance and criminality is caused because of an overemphasis on achieving goals, such a wealth, as well as a disjuncture between how the goals are valued and the means of achieving them (Merton, 1957:162). Through observation Merton highlights that the structure of society limits access to achieving goals through legitimate means therefore individuals, in particular those in the lower class and of an ethnic minority, turn to criminality (Lilly et al, 2011:64). This strain which individuals feel results in an anomic society, as defined by Durkheim as normlessness, which encourages criminal behaviour (Hallsworth and Young, 2013:74). Cohen moves further from these theories through looking at the delinquent subculture in reference to the working-class youth’s beliefs. Cohen states that a delinquent subculture is created as a result of failing to achieve a conventional, middle class criteria which as Merton would suggest causes status frustration (Barmaki, 2016:797). These theories, despite being outdated, are still relevant as they provide valuable understandings as to how a person in a lower socio-economic group is more vulnerable to committing crime to achieve what is aspired within society. 2.2.4 Drug and alcohol abuse There is a strong link between substance abuse and aggression which can lead to crime (Klostermann and Fals-Stewart, 2005:589). Drugs and alcohol have severe impacts where cognitive and problem solving abilities are reduced as well as an increased desire to participate in high risk situations (Graham et al, 2011, cited in Allen, 2013:19). Drugs in particular can cause a range of behaviour types where 7|Page
some drugs, such as ketamine, can make people feel isolated and could make preexisting mental health problems worse, compared to other drugs, such as ecstasy, which can make people feel ‘loved up’ and suffer from paranoia (NHS Choices, 2014). In the year ending March 2017 40% of violent crimes were believed to be committed whilst under the influence of alcohol and 18% committed whilst under the influence of drugs (Office for National Statistics, 2018 [online]). Where more than half of violent offences are committed whist under the influence of drugs or alcohol it highlights an area which needs more of a focus. Through understanding how the side effects of consumption can lead to violent crime it could be considered that 58% of cases trailed in Crown Court are for crimes committed whilst under the influence of alcohol or drugs.
2.3 Factors contributing to the reduction of crime and court cases 2.3.1 Government policy and legislative change New legislation and polices are a strong asset to the reduction of crime and court cases. It is legislation and policies which professionals follow in order to make an impact within society. There has been a vast amount of policies and legislation which have been introduced impacting upon crime which will have a knock on effect on the amount of cases attending Crown Court. One of these for example is the government’s 2012 Swift and Sure Justice White Paper which introduced changes to the Criminal Justice System such as putting more of an emphasis on having a more efficient and reliable delivery service (Donoguhe, 2014:929). One of these changes was to send more either way cases to the Magistrates’ Courts as opposed to the Crown Court. Approximately 7,400 either way cases were sent to trial in Crown Court 8|Page
in 2011 which was a 14% increase from 2003 (Ministry of Justice, 2012:40). By having the less serious either way cases remain in the magistrates’ courts it enables more focus to be used on more serious cases which are seen at Crown Court, and also save time and resources which are needed to take a case to Crown Court. With theft and handling for example, two thirds of defendants tried in the Crown Court received sentences within the magistrates’ range (Ministry of Justice, 2012:41). Another example of a governmental change is the serious and organised crime strategy which was introduced in 2013 with the aim of reducing the level of serious and organised crime affecting the UK (HM Government, 2013:7). It includes methods to respond to serious and organised crime in order to disrupt and break down the planned offences (HM Government, 2013:9). This is important because serious and organised crimes are in the category to be trialled at Crown Court therefore through aiming to target and reduce these crimes it will thus impact the amount of cases seen at Crown Court. These two examples demonstrate how the Government has a strong responsibility to the process of reducing crime rates thus leading to a decline in court cases. Looking at the time frame of 2015 - 2017 these two examples were put forward a few years before. However, by the chosen time period results would have started to take effect from the two examples. 2.3.2 Reducing reoffending Rehabilitation is another factor which influences the reduction of crime through focusing on methods to prevent offenders from recidivism. There has been lots of research into what makes a person reoffend. The Ministry of Justice for
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example presents a report which lists various factors leading someone to reoffend including those that have already been spoken about as causes of crime (2013A:5). Restorative justice is one of the methods which contributes to the rehabilitation of an offender. Restorative Justice emerged from the paradigm that crime is a violation of human relationships rather than a violation of law (Latimer et al, 2005:128). Reflecting upon this paradigm, restorative justice involves a safe and respectful encounter between the victim and offender where a discussion is held reaching an agreement regarding ways of repairing the harm caused (Gal and Moyal, 2011:1014). To an extent restorative justice can prevent reoffending. The Restorative Justice Council (2014:5) states that it reduces the frequency of reoffending by 14%. In the Bracknell area, more than three quarters of offenders given a restorative disposal by the police have not reoffended (The Restorative Justice Council, 2014:5). This shows the effectiveness restorative justice can have upon an offender. The reason why restorative justice is effective is because it puts the offender in front of the victim. An ex burglar states: ‘Nothing prepared me for it. I think the main fear was looking into the eyes of the people that I had stolen from. I even had nightmares over it, I was that worried’ (Restorative Justice Council, 2015 [online]). This quote emphasises what impact restorative justice has on offenders and how through meeting their victims it can contribute to rehabilitation and deter offenders from reoffending. Many researchers reach the conclusion that restorative justice is more effective in reducing reoffending in violent crimes, the cases in Crown Court, and in 10 | P a g e
crimes which put significant emotional harm and distress onto the victims (Sherman and Strang, 2007:68). This could be because the offenders can witness the amount of emotional harm caused to the victim through meeting. In literature there is a strong focus on what restorative justice can do for a victim of crime however there is less of a focus on how it impacts perpetrators. This current research project will help shrink this knowledge gap through gathering opinions from professionals as to why they feel restorative justice is effective in more serious and violent crimes. Furthermore, reoffending rates predominantly come from those who are seen in Magistrates’ Court which causes limitation of how a focus on reoffending can impact upon Crown Court statistics. It is arguable that due to Crown Court dealing with the more serious offences resulting in more serious sentences, offenders are not given the opportunity to reoffend as soon as those seen in the Magistrates court due to the lengthiness of their punishment. 2.3.3 Out of court disposals Out of court disposals is an approach which allows the police to address an offence without having to take the offender to court (House of Commons Home Affairs Committee, 2015:3). Out of court disposals are used for less serious offences which would be dealt with in a Magistrates Court however it is still important for the purpose of this research because through the quick and effective means of dealing with less serious offences, it provides the police with more time to tackle and prevent the more serious crime which goes to Crown Court. Out of court disposals are also used as a method of rehabilitating an offender through the intention of making it more transparent to the public, more streamlined for officers and for ensuring offenders always have conditions attached to the 11 | P a g e
outcome (NPCC, 2018:8). It is for these reasons that out of court disposals act to rehabilitate the offender, deterring them from reoffending and possibly committing a more serious and dangerous crime which would result in being seen at Crown Court. 2.3.4 Behaviour within the Criminal Justice System There is a range of literature supporting the idea that the attitudes from those within the Criminal Justice System could have an impact upon Crown Court rates. It is stated by the Ministry of Justice (2013B:6) that through listening to what offenders have to say and treating them with respect a better outcome will be achieved because the offender will be more prepared to cooperate. Within literature there is a heavy focus on the police and public’s interaction and how an outcome could be different depending upon the conduct from both parties. Technology has had a significant impact upon protecting the police and offenders, such as body worn cameras which were introduced through the 2012 Swift and Sure Justice White Paper (Donoguhe, 2014:929). The literature which is available describes how they increase police accountability and their conduct within society (Smykla et al, 2016:425). Ariel (2017:729) examines the elements of body worn cameras and highlights how ‘police performance, conduct, accountability, and legitimacy, in the eyes of the public, are enhanced as a result of using these devices’ because ‘as deterrence and self-awareness theories suggest, people alter their behaviour once made aware that they are being observed’ (Ariel, 2017:735). There are also other methods which have altered attitudes over the past decade. Goldsmith (2010:914) recognises that police visibility used to only be made through first-hand experience of them or observing them as an individual. This researcher further discusses how through the development of secondary visibility 12 | P a g e
such as newspapers, photos and video, the police are now viewed much more regularly by the public. There is limited research available on how the media has impacted upon a change in police attitudes however this research project will approach the subject of technology to gain a greater understanding expanding from the literature already available on how technology has changed the attitudes of the police when they are out in public. Discretion from those working within the Criminal Justice System also impacts upon whether a case is taken to court or not. The Crown Prosecution Service, for example, is responsible for deciding whether an offender should be taken to court or not through considering the evidence, the prospect of achieving conviction, and considering whether it is in the public interest to prosecute the offender (CPS, 2017).
2.4 Conclusion With all this information considered, it can be concluded that there are numerous reasons why individuals commit crime alongside the reasons why there has been a decline in crime committed. This leads onto fewer trial receipts at court. Available literature explains how the social environment along with a person’s biological genetics can influence a person to commit crime. A person’s lifestyle may also lead to crime such as if they are experiencing economic deprivation or make a lifestyle choice to consume alcohol or drugs. Having this information available enables professionals to understand why people commit crime to ensure that plans to tackle crime can be effective. For the purpose of this research, knowing why people commit crime provides background information to develop a more robust conclusion as to why Crown Court trial receipts have dropped in Winchester. Current literature also thoroughly explains the reasons behind why crime has reduced and 13 | P a g e
why there are fewer cases being taken to Crown Court. It is beneficial to understand the different themes which were presented in this Literature Review because it sets the areas of discussion to have with the participants when interviewing them for this piece of research. Despite the substantial literature being beneficial, there is a lack of research which explores the reason why Winchester Crown Court specifically has experienced a significant drop in cases. This current research will look to fill this gap. The following chapter is going to discuss the methodology behind this research.
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3.0 Methodology 3.1 Introduction This chapter will outline the process of this piece of research. It will explain what type of research was used and the data collection type. Upon explaining these it will explore why the chosen types are appropriate for the subject of this project. This chapter will then move onto discussing the chosen method of conducting this piece of research as well as discussing the advantages and disadvantages of it. There will be a thorough explanation of the process by which the data was collected as well as explaining how all the gathered data was analysed. To conclude, it will explore how the project was conducted ensuring that it remained ethical and avoided any ethical issues. Understanding the mechanics of the research is important in order to understand why each step was completed. Throughout this chapter it will remain third person and will refer to myself as ‘the researcher.’
3.2 The type of research This is a primary research project. All the data which has been gathered is raw because it was collected by the researcher (Greener, 2011:2). Completing a primary piece of research was opted because upon reviewing current literature on the topic it was clear that there was still remaining gaps within the research, especially when focusing on Winchester Crown Court. Although completing a primary piece of research is more time consuming compared to a secondary piece of research (Bryman, 2016:11), it will provide new information on the subject area to help elaborate what is already known to help achieve the research aim.
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With the epistemological belief that ‘a legitimate way to generate data is to interact with people, to talk to them, to listen to them, and to gain accounts to their articulations’ (Mason, 1996:39-40) it was decided that gathering qualitative data was most suitable. Following this interpretivist approach (Oakley, 2000) using qualitative data provides perceptions, feelings, ideas and actions in order to gain a greater understanding as to why trial receipts have declined at Winchester Crown Court. Some researchers argue that qualitative data provides less valid and reliable data, however what it brings to this research outweighs the limitations such as providing data which is contextual through incorporating participants own emotions and understandings (Gray, 2014:160). It is for these reasons that a qualitative approach was selected.
3.3 Gathering the data With the phenomenological stance, which was first used by Akfred Schutz, questioning how individuals make sense of the world around them conducting a verbal method with individuals would suit best. As quoted by Schutz (2010:31): ‘Social reality has a specific meaning and relevance structure for the beings living, acting, and thinking within it.’ Having a method where the researcher can verbally communicate with the participants will enable social realities of individuals to be explored through establishing their thoughts and feelings on the research topic. An interview is a particular type of conversation between two or more people (Matthews and Ross, 2010:219), therefore would be the most appropriate for this. Upon considering various types of interviews, individual interviews best fits the research type as they allow participants to privately talk about their knowledge, values and attitudes on the 16 | P a g e
subject area (Cohen and Manion, 2000, cited in Gray, 2014:383). Focus groups and group interviews were considered as an option at the start because they allow people to identify and clarify their views through what other participants are saying (Tausch and Meold, 2016:1). However, upon considering this method, participants may feel more comfortable with individual interviews because they will not have to worry about other individuals hearing their views and opinions. It would also be difficult to find a time for all the professionals to be available at the same time because of their busy and demanding careers. The type of interview selected was a semi-structured interview with professionals relevant to the subject area. This allows views and opinions to be discussed in-depth, yet allows for flexibility where participants can talk about a topic in their own way rather than being restricted to answer it in a specific way (Mathews and Ross, 2010:232). Interviews are time consuming for researchers because large amounts of raw data is being gathered (Mathews and Ross, 2010:233), however semi-structured interviews need even more time allowed for due to the flexibility. With the ontological belief that ‘individual personalities are empirical realities and social life is a collection of these’ (Mason, 2002:35) the sample must ensure that all the necessary personalities relevant to the research topic are included to get a full understanding of the subject. These personalities include those in the police, the Crown Prosecution Service, judges at Crown Court and members of staff who work in the Crown Court. The rational for relevance is because they are all knowledgeable professionals who are in some way involved in an offender’s journey of going to court. Each of these personalities will have a different perspective and understanding of why trial receipts have declined in Crown Court, yet added together they bring 17 | P a g e
together a bigger picture and greater understanding. Due to these being the ideal sample, purposive sampling fitted best when opting a sampling method because it enabled these personalities to be selected for the purpose of this research (Gray, 2014:217). As Gray states (2014:217), having individuals purposely selected for the research may create a biased sample however the benefits is that those selected are information rich and will be able to contribute relevant data to the research. The sample consisted of six participants. Ideally the sample would have consisted of at least ten participants, however the researcher needed to be pragmatic taking into account the limited time available to conduct this research. Five of the participants were based in Hampshire who deal with Winchester Crown Court. However, in order to get a comparison from outside of the location, one participant was based from outside of Hampshire who deals with Reading Crown Court. A brief participant profile sheet can be found in Appendix Two. Again, to make the research stronger, a more representative sample would have been better which included more participants from outside of Hampshire to make the comparison more reliable. Five of the participants were reached through a gate keeper from the Police and Crime Commissioner’s Office. The other participant was reached through the researchers own contacts. Each participant was sent an invitation letter which can be found in Appendix Three. This was written to invite the sample to take part in the research and straight away gave the sample the option to voluntarily partake in the research. The interviews lasted between 0hr30 and 0hr45, and were conducted at the participant’s place of work. There was no monetary benefit for the participants. The interviews were completed individually, as previously mentioned, however one 18 | P a g e
interview was conducted as a joint interview. This was, due to the availability of the participants in the time frame of what remained to complete this research. It was decided that interviewing them together was better than not interviewing them at all. Should timing not be an issue then this challenge may have been overcome by finding a time to interview them separately. There was a risk in this interview of one participant dominating and the responses may have been influenced due to being in front of a colleague, however the interview still provided valuable data which was perhaps more elaborate due to being probed by one another (Gray, 2014:402). In an ideal research situation, the sample would be interviewed in the order of the offender’s journey to court starting with the police and finishing with the judge. This would add further context to the data collected through mirroring the offender’s journey. Unfortunately, due to when the sample were available to meet, this was not doable. Recording the interviews was an important part of the method behind the research. Paton (2002) states that no matter how carefully interviews are conducted, all is wasted unless the words of the participant are captured accurately. For this reason each participant was asked if they were happy to be recorded. They signed a consent form at the start to state that they agreed to this (see Appendix Four). The consent form also informed the participants that they could withdraw from the research at any time up until the publication date in September. It was important to inform them that the research will be submitted to the University of Winchester and the Police and Crime Commissioner’s Office so that they can understand that once the project has been forwarded to the two organisations they will also have control of the research. 19 | P a g e
The interviews followed a schedule which was made appropriate to each participant (see Appendix Five). Due to interviewing professionals in different careers related with the Criminal Justice System, the structure of the semi-structured interview allows for the flexibility to alter the discussions had with each individual (Bryman, 2016:467). For each interview the themes of discussion remained the same, yet the conversations had within each changed according to who the participant was. This ensured that the best quality data was collected. Also, when a participant brought something to the conversation which was not originally thought of and was relevant to discuss with other participants, the flexibility allowed for that topic to be included into the schedule. The interviews were guided by the responses of the participants however remained within the discussion themes. The questions asked were open ended due to the benefit of gathering indepth data through allowing participants to express their thoughts and beliefs rather than being restricted with short answers from closed questions (Gray, 2014:361). Using open ended questions led to interesting responses where new information was brought to the research which was not originally thought of when looking at the current research available. A criticism of using open ended questions is that it allows the participants to go off subject (King and Harocks, 2010:59), however this was dealt with by ensuring that if this happened that they were brought back on track by intervening. Another disadvantage of using open questions is that the analysis is more difficult and time consuming because conversations were more in-depth (Gray, 2014:365) although this does not outweigh the benefits of using them. At the end of each interview time was taken to follow Wengraf’s schedule (2001) to take notes on how the interview went. These notes included a brief 20 | P a g e
description of the participants which will provide context when analysing their thoughts and options. Notes were also taken on their behaviour and whether it was believed that the participant was fully honest with their answers including levels of rapport. These after notes are important to look back on when analysing the data collected.
3.4 Analysing the data In order to complete an effective analysis a thematic analysis was completed, which is: ‘A process of segmentation, categorisation and relinking of aspects of the data prior to final interpretation’ (Grbich, 2007:16). Patton (2002) suggests that the best method to understand the data is to transcribe the whole interview. Despite how long this process took, each interview was carefully transcribed. Once completed Saldaña’s manual on coding was followed (2016). This involved coding the information which Vogt et al describes as ‘a researchergenerated construct which symbolizes or translates data’ (2014, cited in Saldaña, 2016:4). This process was completed by going through the transcribed data and writing down interpreted themes (codes) of what is said. After all the data had been coded they were grouped together in the themes to highlight any patterns.
3.5 Ethical considerations Ensuring that this research remained ethical was important (Denscombe, 2010:7-8). The earliest stage of ensuring the research remained ethical was completing an ethical RKE Ethics Performa, which can be found in Appendix Six, to get permission granted to complete the research. This application form is completed because: 21 | P a g e
‘Qualitative researchers protect participants by upholding principles of academic integrity, research ethics and human dignity’ (McCormack et al, 2012:30). In order to try and reduce the amount of ethical issues which could potentially be caused through research, vulnerable people were avoided when finding a sample because of the higher risk of posing harm. When interviewing knowledgeable professionals sensitive topics were avoided to also avoid any ethical problems. Not only is it important to reduce the risk of any harm caused to the participants, it was also important to ensure that the risk is reduced for the researcher too. To do this certain requirements were taken such as sitting by the door when interviewing and ensuring windows were in the room so other people could see in. The participants were approached through an invitation letter (see Appendix Three) via email to make the first point of contact ethical by giving them the option of whether they would like to take part in the research. This research also followed an ethical procedure to gain consent from the participants. It was done with full veracity which explained what the research was about straight away in the invitation letter (Gallagher et al, 1995:300). It is important to build rapport straight away so the invitation letter remained polite and showed an understanding of how busy they are in their profession asking them to give times which are best suited to them and their careers. The letter also explained what the research project is about and why they are being asked to take part. In addition, those who agreed to take part in the research project were given a consent form prior to the interview starting (see Appendix Four). This form reiterated the information already given to the participants along with further information which will influence their decision of whether to participate in the research (Gallagher et al, 22 | P a g e
1995:305). The participants may have concerns about what will be done with the knowledge they provide (Gray, 2014:383), therefore it was explained who the research will be given to and what the organisations will use the information for. They were also made aware that, following the British Sociological Association (2017), they were safeguarded through anonymity and confidentiality. The participants were informed that they had the right to withdraw from the research at any point (Marshall, 2006:25), however it also stated that they could only do so up until the submission of this project. It highlighted that once the research was handed over to the University of Winchester and the Police and Crime Commissioner’s Office it was not solely in the hands of the researcher and the two organisations also gain control of it. Each participant signed two copies of the consent form so that they could keep a copy to remind themselves what they are ethically entitled to and to keep a copy of the researchers email should they wish to make further contact. To ensure the protection of the researcher, the university email address was given to the participants rather than the researcher’s personal email. To further protect the participants, the transcripts and recordings are not included in this document. Due to each participant having important roles within the Criminal Justice System, which was maybe the most fundamental ethical concern, not including these documents will protect their identities being revealed. The transcripts and recordings were also deleted at the end of the analysis stage as stated in the consent form.
3.6 Conclusion To conclude this chapter, this research is a primary piece of research which has gathered valuable qualitative data from professionals within the Criminal Justice 23 | P a g e
System. The raw data gathered was rich with information expressing participant’s thoughts, feelings and ideas. The most appropriate method which was selected was semi-structured interviews due to the flexibility it provides when talking to each participant and because of the face to face communication it entails. In order to select a sample, purposive sampling was used to ensure that relevant professionals were included. There was a lengthy process of transcribing and analysing the data, however through following Saldaùa’s manual on coding, a thematic analysis was completed. Finally, all ethical considerations were taken to ensure that the research remained ethical from the start of the project keeping all parties protected. The next chapter will discuss the findings of this research.
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4.0 Data Analysis and Discussion 4.1 Introduction This chapter is going to explore the research findings to address the aim and objectives of this research. The purpose of this research is listed again below: Aim: To investigate why the amount of trial receipts have decreased at Winchester Crown Court between January 2015 and January 2017. Objective 1: To ascertain the trends in which crime types have/have no reduced. Objective 2: To identify what impact the Criminal Justice System and its agencies has on the reduction of trial receipts at Winchester Crown Court. Throughout the chapter it will draw upon the connections of this current research and research completed by others, as seen in the Literature Review. As discussed in Chapter Three the participants’ names will not be disclosed to ensure anonymity is reached and to keep the participants safeguarded. To guarantee the participants remain anonymous they will be referred to as ‘Participant A’, ‘Participant B’, etc. A brief participant profile sheet can be found in Appendix 2 in order to provide some context to the data collected.
4.2 Discussion 1 - To ascertain the trends in which crime types have/have not reduced It is firstly important to gain an understanding of where the crime is reducing before drawing a conclusion as to why it is reducing.
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4.2.1 The reduction of crime It was understood from the Literature Review that crime is reducing for various reasons which in return results in the decline of trial receipts in court. The participants were asked whether they felt that their workload had decreased which led onto the discussion of the reduction of crime. Participants who worked within Winchester Crown Court and the Crown Prosecution Service expressed the opinion that their workload had decreased. Participant F for example stated ‘I think we looked at between a 10-20% drop in case load over the course of the last couple of years.’ Participants highlighted reasons behind why they believed that their caseload had declined, however this will be discussed further in this chapter. Interestingly, those working in the police expressed a different opinion and felt that their workload had not declined yet they are ‘arresting fewer people’ (Participant D). This is also reflected outside of Hampshire where police officers in other regions also feel ‘overwhelmingly busy’ (Participant E). If crime was decreasing then police officers should also feel a decline in their work. As this is not the case, it suggests that crime is not decreasing. ‘The crime rate is exactly the same as it always was in fact. If not, going up a bit more’ (Participant A). 4.2.2 What crime types are reducing at Winchester Crown Court Throughout the interviews participants all presented the same view that ‘case load in the Crown Court particularly locally, and nationally I am sure, is far more sexual violence, rape, and violence’ (Participant D). It is apparent from the data collected that certain crimes are not reaching the Crown Court anymore and that there is much more of a focus on sex related crimes.
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‘With our pre-trial preparation hearing list last week…I think 80% of it was sex. The number of other things that had come up for that week, minimal. We listed eight rape trials’ (Participant C). This is important because through identifying what cases are no longer going to court explanations can be drawn to gain an understanding as to why that is. When interviewing Participant A, who works in court, a discussion arose on the recorders. He goes on to discuss that because of their level of training ‘they are not allowed to do the sex cases’ which is why they do the ‘middle work’. He states that ‘we are now talking about cases which seems to have disappeared.’ As a result of this he further questions their employability: ‘What work we have for them, I just hate to think really. We have got some but not a great deal. It is not as though we do not have any burglary trials, we have a few, and we have got some theft….A year ago we would have fifteen of those cases once a week coming through from Magistrates...Tomorrow I have got three’. This clearly explains what type of cases are disappearing from the trial receipts and highlights where there has been a change.
4.3 Discussion 2 - To identify what impact the Criminal Justice System and its agencies has on the reduction of trial receipts at Winchester Crown Court From the data gathered for this research project there are three clear factors which are impacting upon the reduction of trial receipts. As Participant C acknowledged, ‘you could never nail it down to one thing.’ These three factors are listed below:
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4.3.1 Resource considerations Numerous problems arose when discussing resources with participants which is questionably the most important aspect which needs to be responded to. As the Ministry of Justice paper (2014) presented, which is discussed in the Literature Review, resources have already been considered by policy makers where the Government decided to send more either way cases to Magistrates Court to save costs in Crown Court. However, despite this, there is still a lot of work which needs to be done. With the police receiving cuts there has been a negative impact. Due to there being less officers available they cannot react to the level of crime and deliver a good service to the public in the same way as they used to because of their limited man power. ‘We cut a number of officers in Hampshire. Our custody footfall, the people coming into custody and being arrested dropped through the floor. 20% down almost immediately’ (Participant D). As participant B acknowledges ‘if the base product is still coming through with less numbers you are going to see less numbers coming out the generator at the end.’ Participant A also shared a similar view through suggesting that if there were more police available then more criminals would be caught. This reaction to the police cuts is also apparent outside of Hampshire where Participant E shared his opinion: ‘A lot of the time things are slipping through the net and that is just how things are… we can only do what we can do. We physically cannot split ourselves in half and double the amount of officers on the street. It is frustrating because you want to do the best for these people, but you cannot.’ 28 | P a g e
Additionally, Participant F highlighted the importance of resources needing to be invested throughout the whole of the Criminal Justice System. For example they stated that: ‘Any spike in cases coming through we haven’t got the man power to deal with that. Our cuts have been significant over the past six, seven years as well… And then similarly the courts won’t be able to cope because they are dictated by the number of sessions they are able to sit.’ This is important to consider because it is all areas of the system which are receiving cuts. Should the police gain an increase in resource without the rest of the Criminal Justice System it will cause other institutions the inability to provide the level of service needed. Moreover, it was noticed that some participants felt that the management and distribution of current resources needs improvement. Participant A highlighted that the drugs squads have been ‘diminished of numbers’ which results in fewer drug related offences being caught which can explain why there are less drug related cases being sent to Crown Court. This participant also highlights that the money going into the probation service needs better management due to being ‘wrongly applied where they could be more constructive’ and as a result of this offenders reoffend. The Literature Review suggests that there is a focus on rehabilitating offenders, where an aspect of that is restorative justice. Information gathered from this research does not support the positive literature found regarding the money put into these methods. When discussing restorative justice with Participant F, although they expressed a positive response towards the principles of it, they did not express the same level of positivity towards the amount of money put into it and how effective it is. 29 | P a g e
‘I am a very strong believer in the principles of it. But the numbers of cases are a ridiculously tiny fraction of the number of crimes that are reported…I think it needs a huge amount of work doing to it to the point where I would take a step back and say is it worth the investment that we’re putting into it at the moment…it needs a rethink of how it’s approached…And that’s Nationwide. That is not just a Hampshire problem. If you look at the figures of Hampshire there will be 3,000 reported crimes a month and out of Restorative Justice, I think they only has about 60 cases in the last two or three years’ (Participant F). This can also be seen in other regions too where Participant E also recognised that ‘better management of the resources needs to happen.’ 4.3.2 Structural change Upon analysing the data gathered from participants, another aspect contributing to the decline in trial receipts reaching Winchester Crown Court is because of structural changes in both crime and the Criminal Justice System itself. Due to the change in nature of crime it requires greater time and investigation. There is a ‘rise in complexity’ (Participant D) due to the nature of crime moving towards being more online based. Participant A highlights that: ‘If an old lady is ripped off by fifty thousand going from her bank account I’m afraid the PCs here aren’t going to Nigeria and get it back. They are not up to standard on that I am afraid. So there’s a whole load of cybercrime stuff going on which is taking up time.’ This suggests that this newer form of crime is resource consuming. Participant B, along with the other participants, also shares this view that there is a rise in cybercrime and that the change in nature of crime has left the police less involved due to their knowledge on the crime type. Participant B believes that because of this ‘those types of offences aren’t being detected as much as it would be if it was theft from the 30 | P a g e
person.’ It can be interpreted that because of the complexity of cyber-crime the police find it harder to understand therefore is not being caught. Thus contributing to the decline in court cases. Also, the cyber-crime which is being detected requires more resources put into the investigation because they ‘take longer, they are more in-depth, and they are more involved’ (Participant F). This is because ‘from where they are newer, the police have less knowledge on them, less knowledge on how they are going to go around dealing with that. It is a new area they are having to learn’ (Participant F). Therefore policing and investigating cyber-crime requires greater personnel due to the attention it needs. There is also an increase in historic sex crimes which is ‘at least 50% of everything we receive’ (Participant D). This also causes more complexity due to historic nature of the crime. Rather than it being a recent offence which would be more simplistic to investigate, they require more time. Also, due to the offences being a recollection from X amount of years ago, society being more mobilised and forensic evidence being weaker, it requires more involvement from investigators in order to have a case to give to the Crown Prosecution Service to take to court. The police are now also able to give offenders conditional cautions. Participant A discussed that burglars and some people committing domestic abuse, as examples, are getting conditional cautions which he believes ‘ought to be coming to court.’ Participant F raises this when discussing Project Cara which focused on domestic violence. He explains that offenders will ‘go on an awareness course as a condition of a caution rather than going through the whole Criminal Justice process’ It can be interpreted from Participant F’s statement that the Criminal Justice System wants to try and avoid putting someone through the Criminal Justice System in order 31 | P a g e
to safeguard them, particularly with the youth. Participant A goes on to suggest that for some cases conditional cautions work however there is still ‘real violence’ which is not reaching the courts due to the police discretion of giving them conditional cautions instead. Another aspect of the Criminal Justice System which has changed is the level of seriousness for some crimes. In April 2016 there was a change in legislation towards the Sentencing Guidelines Council who write the sentencing guidelines for judges and magistrates. ‘Now some they downgrade the seriousness of it so that might have an impact because the magistrates will deal with more cases if the guidelines say it is only worth six months opposed to last year it was worth 12’ (Participant B). This is important because if the seriousness of a crime is reducing then the punishment is changing. Therefore, the cases which move out of the Crown Court sentencing criteria are now being dealt with in Magistrates effecting the number of trial receipts at Winchester Crown Court. Although this does not cause a huge impact it does have a minor contribution to the reduction of trial receipts. Participant B recognised that part of the decline is because ‘the number of elections from defendants to have a Crown Court trial has reduced.’ He further goes on to explain that this is because there has been a change in the availability of legal aid at Crown Court. ‘Historically legal aid was a non-means tested process…it is driven by the defence because they would always advice their client what is in their best interests…the rates they get paid for Crown Court trials have been
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standardised and reduced…so it is not attractive for them to run crown court trials’ (Participant B) Like the change in the seriousness of crime, this is a minor impact which has contributed to the overall decline. 4.3.3 Behavioural considerations Within the Criminal Justice System there has been an evidential change in behaviour and attitudes from various actors. Firstly, going back to the Literature Review which highlighted that technology and visibility may have an impact upon the police’s conduct, upon interviewing participants it is questionable that technology does not have any significant impact other than protecting those on camera. However, there are aspects of police behaviour evident from the research which causes effect. Participant A highlights that the police are under political pressure which results in them concentrating on certain crime types such as coercion. Due to a lack of resources within the police, they have to prioritise and use their own discretion. As Participant A states, ‘the police have always had discretion’ however in more recent years with what resource is available they prioritise what is important. Participant D shared that they are screening out crimes from reports which come into the police. He said: ‘We have a threat harm opportunity risk matrix who will look at that report and say what is the threat, what is the harm level, what is the opportunity to maybe tackle an offender, what is the risk level here.’ He goes on to explain that the crime will still be recorded from the report however after that process it is ‘immediately filed without going to an investigator.’ This information is important because it adds to the value of resourcing where if there was more resource the police would maybe eliminate screening out reports. However, the 33 | P a g e
impact of this will be little upon Crown Court trial receipts. It is perhaps less serious crimes which are being screened out due to there being less risk involved, which would be focused more on Magistrates Court compared to Crown Court. Interestingly Participant E, who polices outside of Hampshire, raised a contradicting view. He had the personal opinion that: ‘The police can be risk reverse. So we will not say no. Whereas I have seen on many occasions like with the South Central Ambulance service, the fire service they all say no we are not coming out to that. Because they can. And it frustrates me sometimes as we do not need to go to a lot of the jobs we go to.’ This opinion suggests that the police do not prioritise crimes and that with the few resources which are available, some are wasted from going to jobs which they don’t necessarily need to be at. Participants have also recognised that the police ‘have perhaps become more reactive than proactive in the types of cases which they are dealing with’ which has caused there to be a ‘reduction in those in the last few years’ (Participant B). Participant D states that it was in 2010 that they became less proactive and a knock on effect of this is arresting fewer people. This matches the timing of when lots of cuts took place due to the Comprehensive Spending Review as Participant E shared. Participant F puts this idea into perspective by saying: ‘Do you leave it at that low level drug deal when you know that the evidence you have got from the phone examination for instance will lead to ‘oh he is contacting that number several times and there is text messages to say I’m coming up to London and need X number of this amount of drugs.’ And it is almost incumbent upon investigators to say lets
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have a look at something a little more than what we have got which is a straight forward drug deal.’ Participant D gives a similar example where he states that it is ‘easier to just go and get that drug dealer and lock them up, arrest them, interview them and put them through the system.’ He further goes on to suggest that it is due to resources that this has happened by saying: ‘What with few resources is you either deal with what is right in front of you, you do not then spend the time dealing with the actual problem which is not that individual. It is the four, five people away from that who are bringing it into the country or who are distributing it from London to Southampton and Portsmouth.’ This is not to say that the police are not proactive anymore. Participant D highlights that they use their discretion and are ‘only proactive in really defined areas’ which are the areas which are stated as threats in the strategic assessment each year. The participants involved in this research each suggested that only the cases which have ‘realistic prospect of conviction are going to court’ (Participant E). This attitude hinders cases which have less of a prospect attending court. In the first instance, evidential review officers review and consider the case making the decision of whether to take the case to the Crown Prosecution Service who then review it again and decide whether to take it to court (Participant E). Participant D and B however suggest that this behaviour, of only sending a case to court if it has a realistic prospect of conviction, is primarily from the Crown Prosecution Service who sends the cases to Crown Court. When establishing why cases may not have a realistic prospect of conviction it is because the evidence is not strong enough.
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Should there be a rise in resources, cases may have stronger evidence giving them a prospect of attending court. Compared to a decade ago, there is now an increased awareness and positive attitude towards mental illness where as a society it is more widely acknowledged. The police now have to ‘involve intermediaries’ (Participant D) because victims, of rape for example, ‘are not well enough to give an evidential account when you need it ideally. It has got to wait 28 days for their mental health assessment’ (Participant D). Despite this is a safeguarding change, it can cause an impact because within the 28 days victim’s recollections may change. Also, if the crime is domestic abuse related then they may change their minds during the 28 days about pressing charges and withdraw their statement due to manipulation. Intermediaries are also having to be involved because there has been ‘many more offenders with mental health problems’ (Participant A). This increased awareness towards offenders with mental health issues has caused an increase in ‘mental health disposals, hospital orders and things like this as we are contemplating and having trials about whether they are fit to be tried or fit to plea…That is becoming more of a feature mental ill health’ (Participant A). This is a feature outside of Hampshire as well. Participant E states that in the custody he works at there are SMART workers who make professional judgements on whether they need assistance. He also highlights that ‘a good 40% of our time is spent dealing with mental health.’ To also protect offenders, there are multi-agency safeguarding hubs which are ‘early intervention hubs with local authorities around safeguarding’ (Participant D). The purpose of these, as Participant D explains, is that they divert people away 36 | P a g e
from crime. Ancillary orders are also used by the police to ‘keep people safe without putting them through the Criminal Justice System’ (Participant D). This alternative to putting offenders through the Criminal Justice System can be applied for when there is not sufficient evidence to prosecute someone, therefore is arguable that it does not have too much of an impact on the decline in trial receipts. Should there be sufficient evidence then as previously mentioned the Crown Prosecution Service are more likely to send them to court. Finally, the behaviour of society has also changed which has an effect on the statistics of crime. Participant D explains that victims of crime, in particular cybercrime, do not report their victimisation which he suggests is because ‘people do not expect anything to happen.’ With cyber-crimes society understands that it is harder to police and do not have the faith that the Criminal Justice System will be able to bring them to justice. In other cases, possibly when the victim and perpetrator have consumed drugs or alcohol, the victim will not report the crime. Participant D suggests that this is because the victim feels that the events will ‘sort itself out’ and by the time they have sobered up they feel that they are ‘not seriously injured.’ This is important because with this behaviour domestic or sexual related crimes may be going unreported because the victim feels it is not worth reporting as they have no physical injury. They may also have little faith that the police would be able to do something about it.
4.4 Conclusion In conclusion to this chapter, when focusing on the first objective, the gathered data does not match what was found in the Literature Review. The collected data suggests that crime has not declined and that crime is remaining 37 | P a g e
the same, possibly rising. This chapter also found that Crown Court is heavily consisted of sex related crimes whilst other offences have seen a reduction. For objective two, the three main factors which are contributing to the decline in trial receipts are: resource considerations, structural changes and behavioural considerations. It is perhaps clear that the key finding which is causing an impact is the problem with resources which is also evident in each contributing factor. This factor raises concerns that, with the lack of resources available, there needs to be a better management of what is available. Both structural changes and behavioural considerations are important factors impacting upon the decline in trial receipts, however they have a lesser impact compared to resource considerations. The next chapter will conclude this research project and will also provide some recommendations. These aim to improve the current situation through perhaps influencing those who can make changes.
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5.0 Conclusion To conclude this research robust conclusions can be made to suggest why a change has occurred in the number of trial receipts at Winchester Crown Court. It is clear that crime is not declining in Hampshire and is in fact ‘exactly the same as it always was in fact. If not, going up a bit more’ (Participant A). At the beginning through exploring existing literature there was a comprehensive view that the crime rate is falling which in return presents the view that trial receipts are reducing. However, upon researching the topic, it appears that trial receipts are going in a downward trend because there is now less crime being recorded. All participants seemed to agree with this. Participants made a compelling argument presenting the case of why there is less crime being recorded with the key claim being a resource issue throughout the Criminal Justice System. Participants made statements such as ‘the things that have made a big difference for me would be resources’ (Participant D) and ‘it is not going to change until we start to see an increase in resources’ (Participant E). Drawing from these statements it can be said that the Home Office and the Police and Crime Commissioners needs to review how much money is being invested into each police force in England and Wales. To further improve the resourcing issue it is recommended that there needs to be an assessment of whether the distribution of resources is being invested into the right areas. This recommendation comes from the opinions gathered in this research suggesting that some of the resources available could be utilised. It is important to remember that although the issue with resources is perhaps the key factor, it was also found that there are other factors which have contributed 39 | P a g e
to the reduction of trial receipts at Winchester Crown Court. It was found that there are structural changes within the Criminal Justice System with possibly the most important change being the change in nature of crime itself. This research found that this change is testing the police’s capabilities due to this new nature of crime being more complex. Perhaps the most effective way for the police to confidently police cyber-crime, as well as other members of the Criminal Justice System gaining a better understanding, is for professionals to conduct further research and for there to be more training provided by cyber-crime professionals. As well as this key change, there were also other changes which have had an impact including the police giving more conditional cautions and the seriousness of crime changing. The final factor which was drawn out of this research is that there are behavioural aspects which are contributing to trial receipts declining. There has been a change of behaviour within the Criminal Justice System, with offenders and with society. A change in behaviour with regards to policing, which is considered the most important behavioural consideration, is that the police now act less proactively compared to a few years ago. The police now target what is right in front of them rather than spending the time ‘dealing with the actual problem’ (Participant D). It should be considered that to bring back their proactive approach it will require more personnel being invested into the police to allow for the extra time and intelligence which is needed to be more proactive. It was also found that there needs to be more work within the community due to less people reporting crimes as they believe the crimes will sort themselves out or because they are not seriously injured so it is not worth reporting.
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It should be considered that the recommendations provided within this conclusion come from the findings which reflect the views of only six professionals within the Criminal Justice System therefore is not as reliable as the research would like it to be. Although there were only six participants, they are all knowledgeable in the subject area so it can be considered that it is a true representation of each institution within the Criminal Justice System. With one participant being based outside of Hampshire it can also be said that, through providing the same information as the other participants, the situation is apparent outside of Hampshire as well.
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6.0 Reference List Books Allen, M. (2013) Social work and intimate partner violence. Abingdon: Routledge Bryman, A. (2016) Social research methods. 5th Edn. Oxford: Oxford University Press Denscombe, M. (2010) The good research guide. 4th edn. Berkshire: Open University Press Gray, D. E. (2014) Doing research in the real world. 3rd Edn. London: SAGE Publications Grbich, C. (2007) Qualitative data analysis: An introduction. London: SAGE Publictions Greener, I. (2011) Designing social research. A guide for the bewildered. London: SAGE Publications King, N., and Harrocks, C. (2010) Interviews in qualitative research. London: SAGE Publications Lilly et al. (2011) Criminological theory. Context and Consequences. 5th Edn. London: SAGE Publications Mason, J. (1996) Qualitative Researching. London: SAGE Publications Mason, J. (2002) Qualitative Researching. 2nd Edn. London: SAGE Publications Matthews, B., and Ross, L. (2010) Research methods. A practical guide for the social sciences. Essex: Pearson Education Limited Merton, Robert (1957) Social Theory and Social Structure. New York: Free Press. Oakley, A. (2000) Experiments in knowing: Gender and method in the social sciences. Cambridge: Polity Press Paton, M. Q. (2002) Qualitative research & evaluation methods. 3rd edn. London: SAGE Publications 42 | P a g e
Saldaña, J. (2016) The coding manual for qualitative researchers. 3rd Edn. London: SAGE Publications Walklate, S. (2011) Gender, crime and criminal justice. 2nd edn. Abingdon: Routledge Wengraf, T. (2001) Qualitative research interviewing: Biographic narrative and semistructured methods. London: SAGE Publications
Chapter within a book Hallsworth, S., and Young, T. (2013) Street collectives and group delinquency: Social disorganization, subcultures and beyond. In: McLaughlin, E., and Newburn, T (ed.) The SAGE handbook of Criminological Theory. London: SAGE Publications Schutz, A. (2010) Concept and theory formation in the social sciences. In: Bynner, J. M., and Stribley, K. M. (eds). Research Design: The logic of social inquiry. USA: The Open University
Emails Riglia, E. (2018) Email to Fiona Pink, 22 March
Journals Ariel, B. (2017). Police body cameras in large police departments. Journal of Criminal Law and Criminology. 106, (4), 729-768 Barmaki, R. (2016) On the Origin of the Concept of “Deviant Subculture” In Criminology: W. I. Thomas and the Chicago School of Sociology. Deviant Behavior. 37, (7), 795-810 Donoghue, J. A. (2014) Reforming the role of magistrates: Implications for summery justice in England and Wales. The Modern Law Review. 77, (6), 928-963 Fox, B. (2017) It’s nature and nurture: integrating biology and genetics into the social learning theory of criminology. Journal of Criminal Justice. 49, (1), 22-31 Gal, T., and Moyal, S. (2011) Juvenile victims in restorative justice. British Journal of Criminology. 51, (1), 101-1034 Gallagher et al. (1995) Ethical dilemmas in social research: no easy solutions. British Journal of Social Work. 25, (3), 295-311 43 | P a g e
Gibson, S. K. (2004) Social Learning (Cognitive) Theory and Implications for Human Resource Development. Advances in Developing Human Resources. 6 (2), 193-210 Goldsmith, A. J. (2010) Policing’s new visibility. British Journal of Criminology. 50, 914-934 Hooghe et al. (2011) Unemployment, inequality, poverty and crime. British Journal of Criminology. 51, (1), 1-20 Klostermann, K.C and Fals-Stewart, W. (2005) Intimate partner violence and alcohol use: Exploring the role of drinking in partner violence and its implications for intervention. Aggression and Violent Behaviour. 11, (2006), 587-597 Latimer et al. (2005) The effectiveness of restorative justice practices: A metaanalysis. The Prison Journal. 85, (2), 127-144 Lubbers et al. (2009) Primary and Secondary Socialization Impacts on Support for Same-Sex Marriage After Legalization in the Netherlands. Journal of Family Issues. 30, (12), 1714-1745 Maccoby, E.E. (2015) Historical overview of Socialization and Research. In: Grusec, J.E. and Hastings, P.D (ed.) Handbook of Socialization: Theory and Research. New York: The Guildford Press, 3-34 Marshall, P. (2006) Informed consent in international health research. Journal of empirical research on human research ethics: An international journal. 1, (1), 25-42 McCormack et al. (2012) Getting through ethics: The fit between research ethics board assessments and qualitative research. Journal of empirical research on human research ethics. 7, (5), 30-36 Plomin, R., and Asbury, K. (2005) Nature and Nurture: Genetic environmental influences on behavior. The Annals of American Academy of Political and Social Science. 600, (1), 86-98 Ramsland, K. (2009) The measure of a man: Cesare Lombroso and the criminal type. Forensic Examiner. 18, (4), 70-72 Smykla et al. (2016) Police body-worn cameras: Perceptions of law enforcement leadership. American Journal of Criminal Justice. 41, 424-443 44 | P a g e
Tausch, A. P., and Menold, N. (2016) Methodological aspects of focus groups in health research: Results of qualitative interviews with focus group moderators. Global Qualitative Nursing Research. 3, (1), 1-12 Tully, T. A. (2017) The relationship between mental illness and criminality: A review. ACJS Today. 42, (5), 6-10
News articles Express. (2011) David Cameron: Human rights in my sights. Available at: http://www.express.co.uk/news/uk/266219/David-Cameron-Human-rights-in-mysights [Accessed 20th October 2016]
Online publications British Sociological Association (2017) Statement of ethical practice. Available at: file:///C:/Users/FionaLouise/Documents/University/Masters/Dissertation/Ethics/British %20Sociological%20Association.pdf [Accessed 1st April 2018] HM Government. (2013) Serious and Organised Crime Strategy. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/248645/Serious_and_Organised_Crime_Strategy.pdf [Accessed 26th June 2018] Home Office. (2015) Police powers and procedures, England and Wales, year ending 31 March 2015. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/477676/police-powers-procedures-hosb0715.pdf [Accessed 7th March 2018] Home Office. (2017) Police powers and procedures, England and Wales, year ending 31 March 2017. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/658099/police-powers-procedures-mar17-hosb2017.pdf [Accessed 7th March 2018] Ministry of Justice. (2012) Swift and Sure Justice: The government’s plans for reform of the Criminal Justice System. Available at:
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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/217328/swift-and-sure-justice.pdf [Accessed 26th June 2018] Ministry of Justice. (2013A) Transforming rehabilitation: a summary of evidence on reducing reoffending. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/243718/evidence-reduce-reoffending.pdf [Accessed 26th June 2018] Ministry of Justice. (2013B) Attitude to sentencing and justice. Available at: http://eprints.bbk.ac.uk/5195/1/5195.pdf [Accessed 29th May 2018] Ministry of Justice. (2015) Criminal court statistics quarterly, England and Wales. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/437672/ccsq-bulletin-january-march-2015.pdf [Accessed 24th August 2018] Ministry of Justice. (2016) Criminal Justice Statistics 2015. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/524429/criminal-justice-statistics-quarterly-update-_annual_-2015.pdf [Accessed 24th August 2018] Ministry of Justice. (2017) Criminal court statistics quarterly, England and Wales. January to March 2017. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/623096/ccsq-bulletin-jan-mar-2017.pdf [Accessed 24th March 2018] Ministry of Justice. (2018) Criminal Justice Statistics quarterly, England and Wales, 2017. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attach ment_data/file/707935/criminal-justice-statistics-quarterly-december-2017.doc.pdf [Accessed 24th August 2018] NPCC. (2018) Charging and Out of Court Disposals. Available at: http://www.npcc.police.uk/Publication/Charging%20and%20Out%20of%20Court%20 Disposals%20A%20National%20Strategy.pdf [Accessed 26th June 2018]
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Office for National Statistics. (2015) Crime in England and Wales: Year ending March 2015. Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/cri meinenglandandwales/2015-07-16 [Accessed 28th February 2018] Office for National Statistics. (2017) Crime in England and Wales: Year ending March 2017. Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/cri meinenglandandwales/yearendingmar2017 [Accessed 28th February 2018] Office for National Statistics. (2018) The nature of violent crime in England and Wales: Year ending March 2017. Available at: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/then atureofviolentcrimeinenglandandwales/yearendingmarch2017 [Accessed 11th June 2018] Restorative Justice Council. (2014) Restorative justice and policing information pack. Available at: https://restorativejustice.org.uk/sites/default/files/resources/files/1z87_info_packs%2 0(2)%20police.pdf [Accessed 21st March 2018] Restorative Justice Council. (2015) Restorative justice and the judiciary. Available at: https://restorativejustice.org.uk/sites/default/files/resources/files/Restorative%20justic e%20and%20the%20judiciary%20-%20information%20pack.pdf [Accessed 13th June 2018]
Reports House of Commons Home Affairs Committee. (2015) Out-of-Court Disposals. London: The Stationery Office Sherman, L., and Strang, H. (2007) Restorative Justice: The Evidence. London: The Smither Institute
Websites Courts and Tribunals Judiciary. (2018) Crown Court. Available at: https://www.judiciary.uk/you-and-the-judiciary/going-to-court/crown-court/ [Accessed 28th February 2018] 47 | P a g e
CPS. (2017) The decision to charge. Available at: https://www.cps.gov.uk/cpspage/decision-charge [Accessed 29th May 2018] Gov.uk. (2018) Criminal Courts. Available at: https://www.gov.uk/courts/crown-court [Accessed 28th February 2018] NHS Choices. (2014) Drugs and the brain. Available at: http://www.nhs.uk/livewell/drugs/pages/dodrugsdamagebrain.aspx [Accessed 13th November 2016]
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7.0 Appendices Appendix One: Winchester Crown Court Statistics……………………………Page 50 Appendix Two: Participant Profile Sheet…..………………………………….. Page 51 Appendix Three: Invitation Letter……..………………………………………... Page 52 Appendix Four: Consent Form..…………………..……………………………..Page 53 Appendix Five: Interview Schedule……….………..……………………………Page 55 Appendix Six: RKE Ethics Performa………………..………………...…………Page 61
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Appendix One: Winchester Crown Court Statistics
(Source: Riglia, 2018)
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Appendix Two: Participant Profile Sheet
Participant D Male member of the police institution. Has just over two decades worth of experience within the police and investigation roles. He is currently working for Hampshire Constabulary. Participant E Male member of the police institution. Has been involved in the police since 2008 starting off as a Police Community Support Officer before becoming a Police Officer in 2013. He currently polices for Themes Valley. Participant F Male member of the Crown Prosecution Service working with Crown Court work across Hampshire, Dorset and Wiltshire. Participant B Male deputy justice clerk who has been in service for 30 years. He predominantly works in the Magistrates Court however he also has involvement with cases in Crown Court. Participant C Male worker in Winchester Crown Court. He helps keep the cases under good case management. He has also spent some time working in the Magistrates Court as a listing officer and a case progressing officer. Participant A Male judge at Winchester Crown Court who has been a judge for 22 years.
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Appendix Three: Invitation Letter Dear Sir/Madam, Thank you for taking the time to read this letter. I am currently studying for my MSc in Applied Criminology at the University of Winchester where part of the requirements are to conduct a piece of research creating my dissertation of 10,000 words and a report of recommendations for the Police and Crime Commissioner of Hampshire and the Isle of Wight. The question for the research project I am conducting is ‘By investigating the change in volume of trial receipts at a single Crown court is it possible to draw robust conclusions as to why a change has occurred since 2015?’ As your organisation is so significant in regards to this topic, I would really like to have the opportunity to interview two people throughout July to contribute towards my research. Interviews will last between 30-45 minutes. I appreciate that you are in a profession where you are extremely busy therefore I am able to be flexible when organising these interview times and should we need to go into early August this is an option I am willing to consider. If you wish to ask any questions my email address is f.pink.14@unimail.winchester.ac.uk or you can contact my programme leader, JP Oosthuizen, whose email is Johannes.Oosthuizen@winchester.ac.uk if there is anything you want to clarify. I look forward to hearing from you and do hope you consider my request. I would be extremely grateful! Kind regards, Fiona Pink
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Appendix Four: Consent Form PARTICIPANT CONSENT FORM
Project title: By investigating the change in volume of trial receipts at a single Crown Court is it possible to draw robust conclusions as to why a change has occurred since 2015? Researcher’s name: Fiona Pink Supervisor’s name: Adrian Barton
Thank you for volunteering me your time and agreeing to be interviewed. The aim of this research is to investigate why the amount of trail receipts have decreased at Winchester Crown Court between January 2015 and January 2017. This is to draw a robust conclusion as to why a change has occurred. The purpose of your involvement is because your organisation is significant in regards to gathering information on this topic. As a professional within your organisation the information you can provide will help the aim of this research be achieved. The interview will last between 30-45 minutes and will be recorded in order to revisit the discussions to analyse. The recordings will be stored safely and will only be used for the purpose of this research. Once the analysis has been completed all recordings will be destroyed. You do however have the right to choose not to be recorded. The results of this research will be used to create a dissertation for my MSc in Applied Criminology as well as a report of recommendations for the Police and Crime Commissioner’s Office for Hampshire and the Isle of Wight. My dissertation will be used for academic purposes and my report for the Police and Crime Commissioner’s Office will be used to influence decision making and shared more widely. In these two documents all information will remain anonymous. 53 | P a g e
I do not anticipate that there will be any risks from your involvement. I have been signed off on ethical clearance from the University of Winchester through completing an RKE Ethics Performa and also through following The British Sociological Association’s Statement of Ethical Practice all personal information and identities will be kept confidential where no personal information will be disclosed to any third party. You have the right to withdraw from my research at any point from now until the date of publication (5th September 2018). This is due to no longer being in control of the documents once they have been handed to the University of Winchester and the Police and Crime Commissioner’s Office. If you wish to contact me at any point my email address is: f.pink.14@unimail.winchester.ac.uk Please sign below to confirm that you have read and understood the information provided. Signed: ________________________________________ Print name: _____________________________________ Date: __________________________________________
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Appendix Five: Interview Schedule The Police: Theme 1: Introduction and Generic Questions
Thank them for taking part.
Remind them that they can withdraw at any time as it stated in the consent form they signed.
Discussion about their role.
Have they worked elsewhere within the criminal justice system?
Do they feel that crime is declining? o Types of crimes.
Do they feel that there are less cases being taken to Crown Court? o 404 trials listed January 2015 – 194 trials listed in January 2017
Theme 2: Government Policy and Legislation
To what extent do they feel that new policies and legislation can impact upon the amount of trials which takes place in Crown Court.
Significant changes in legislation and policies.
In 2013 a serious and organised crime strategy was introduced with the aim of reducing the level of serious and organised crime affecting the UK through the same framework used to police terrorism. Do they feel that more targeted policing has taken place on these more serious and organised crimes and that there is now less taking place? o Interventions elsewhere? o Does more focus have an impact on the amount going to court?
Theme 3: Reoffending
Discussion on reoffending rates. o Arresting less repeat offenders?
Best methods to deter someone from reoffending.
Discussion on restorative justice. 55 | P a g e
The importance which restorative justice has for more serious cases in regards to the offenders.
Theme 4: Out of Court Disposals
Their attitudes on them.
How it impacts their work.
How they could impact crown court trials.
Theme 5: Criminal Justice Behaviour
Do they feel they have had a change in approach towards policing?
Do they feel that police cuts has made an impact upon policing?
Their view on the increased use of technology within society with regards to policing.
Attitudes of body worn cameras.
Has there been a change since wearing them?
Has wearing body worn cameras enabled more instances being resolved at the scene rather than resulting in formal procedures?
Discussion on public recording and the media.
When at a scene of a crime are they conscious that someone could be recording their actions?
Theme 6: Closing Questions
Are there any other areas which has not already been covered which they think may be impacting a reduction of trial receipts?
Thank them again.
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The Crown Prosecution Service: Theme 1: Introduction and Generic Questions
Thank them for taking part.
Remind them that they can withdraw at any time as it stated in the consent form they signed.
Discussion about their role.
Have they worked elsewhere within the criminal justice system?
Do they feel that crime is declining? o Types of crimes.
Do they feel that they are sending less trials to crown court? o 404 trials listed January 2015 – 194 trials listed in January 2017
Do they feel they are recieving less to send to trial in crown court?
Theme 2: Government Policy and Legislation
To what extent do they feel that new policies and legislation can impact upon the amount of trials which takes place in Crown Court.
Significant changes in legislation and policies.
In 2012 the government proposed a change in the amount of either or cases which go forward to Crown Court in their 2012 Swift and Sure Justice White Paper. o Do they believe that since then there has been less of these cases going to Crown Court and being dealt with in Magistrates’ Court?
Theme 3: Reoffending
Discussion on reoffending rates? o Witnessing a decline in repeat offenders attending court?
Best methods to deter someone from reoffending.
Discussion on restorative justice.
The importance which restorative justice has for more serious cases in regards to the offenders.
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Their attitudes on them.
How it impacts their work.
Theme 5: Criminal Justice Behaviour
Do they feel that policing has changed?
Discussion on police cuts.
Their view on the increased use of technology within society with regards to policing.
Attitudes of body worn cameras.
Discussion on body cameras may have changed the conduct of the police.
Discussion on public recording and the media. o Has it impacted upon the way that officer’s police society?
Discussion on police cuts
Their opinion of taking someone to court.
Theme 6: Closing Questions
Are there any other areas which has not already been covered which they think may be impacting a reduction of trial receipts?
Thank them again.
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Those who work in Court: Theme 1: Introduction and Generic Questions
Thank them for taking part.
Remind them that they can withdraw at any time as it stated in the consent form they signed.
Discussion about their role.
Have they worked elsewhere within the criminal justice system?
Do they feel that crime is declining? o Types of crimes.
Do they feel that there are less cases being taken to Crown Court? o Workload decrease? o 404 trials listed January 2015 – 194 trials listed in January 2017
Theme 2: Government Policy and Legislation
To what extent do they feel that new policies and legislation can impact upon the amount of trials which takes place in Crown Court.
Significant changes in legislation and policies.
How often do they deal with either or cases? o Their opinion of these types
In 2012 the government proposed a change in the amount of either or cases which go forward to Crown Court in their 2012 Swift and Sure Justice White Paper. o Have they noticed this change? o Do they believe that since then there has been less of these cases going to Crown Court and being dealt with in Magistrates’ Court? o Theft and Handling = 2/3 or more in Crown Court get Magistrates Sentence
Theme 3: Reoffending
Discussion on reoffending rates? o Witnessing a decline in repeat offenders attending court?
Best methods to deter someone from reoffending. 59 | P a g e
Discussion on restorative justice.
The importance which restorative justice has for more serious cases in regards to the offenders.
Theme 4: Out of Court Disposals
Their attitudes on them.
How it impacts their work.
Theme 5: Criminal Justice Behaviour
Do they feel that policing has changed?
Discussion on cuts.
Do they feel crime is rising?
Discussion on cases being too complex to investigate.
Their view on the increased use of technology within society with regards to policing.
Attitudes of body worn cameras.
Discussion on body cameras may have changed the conduct of the police.
Discussion on public recording and the media. o Has it impacted upon the way that officer’s police society?
Do they feel that people try to avoid sending people to court?
Their opinion of people attending court.
Theme 6: Closing Questions
Are there any other areas which has not already been covered which they think may be impacting a reduction of trial receipts?
Thank them again.
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Appendix Six: RKE Ethics Perform
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