Public safety, accountability and the courts

Criminal Law Review

Volumn 1996, Issue 3, 1996, Pages 152-160

  Pollard, Charles ^a  

^a Thames Valley Police ^*

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EID: 3042982695     PISSN: 0011135X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (49)

1. R. Light, Criminalising the Drink Driver (1994), p.35.
2. The Drinking Driver (1965, BMA).
3. It transpired that if the officer was not wearing a helmet, then it could be argued that he or she was not "in uniform" for the purposes of the Act. This defence failed: Wallwork v. Giles, The Times, November 28, 1969, when the court decided that a hatless officer was in fact in uniform for the purpose of the Act.
4. Department of Transport, Road Accidents, Great Britain 1993 for the number of drink-driving accidents and Home Office Statistical Bulletin 7/95, Breath Test Statistics, England and Wales, 1994. Home Office, Offences Relating to Motor Vehicles, England and Wales, Tables 1 and 7 for the drink-driving conviction rate. In 1985, 88 per cent of drink-driving defendants were convicted compared to 86 per cent in 1993. See Home Office, Criminal Justice Statistics, England and Wales for the drop in non-motoring conviction rates.
5. The trials of drink-driving defendants became more factually-based following the introduction of the roadside breathalyser (Road Safety Act 1967) and evidential breath testing (Transport Act 1981, s.25 and Sched. 8).
6. Road Traffic Law Review Report (The North Report) (1988, H.M.S.O.), para. 3.10.
7. D. H. Bayley, Police for the Future (1994), p.143.
8. D. Selbourne, The Principle of Duty (1994).
9. A. Etzioni, The Spirit of the Community (1995).
10. G. Farrell and K. Pease, Once Bitten, Twice Bitten: Repeat Victimisation and its Implications for Crime Prevention (Home Office Police Research Group CPU Paper 46, 1993).
11. R. Reiner, The Politics of Policing (1992).
12. T. Jones, T. Newburn, and D. J. Smith, Democracy and Policing (1994), pp.301-302.
13. G. Köhnkren, "The Evaluation of Statement Credibility: Social Judgement and Expert Diagnostic Approaches" Children's Evidence in Legal Proceedings (J. R. Spencer, G. Nicholson, R. Flin and R. Bull eds. (1989)).
14. On November 21, 1993, a jury at Leeds Crown Court acquitted George Heron of murder. During the trial, Justice Mitchell ruled some of the evidence inadmissible because of "oppression and misrepresentation". See also K. v. Paris, Abdullah and Miller (1993) 97 Cr.App.R. 99.
15. P. Rock, The Social World of an English Crown Court: Witnesses and Professionals in the Crown Court Centre at Wood Green (1993). See Chapter 2.
16. Examples of hostile and personal cross-examination were shown in "Getting Away With Rape", Channel 4 documentary, February 14, 1994; and in "Criminal Injustice", BBC2, March 12, 1995.
17. H. Kennedy, Eve was Framed: Women and British Justice (1992) for a general discussion of stereotyping of women, both as victims and defendants.
18. J. Hostettler, The Politics of Criminal Law Reform in the Nineteenth Century (1992).
19. Police Service Submission to the Royal Commission on Criminal Justice (1991).
20. J. Baldwin, Video Taping Police Interviews with Suspects: A National Evaluation, Police Research Paper series No. 1 (1992).
21. J. Baldwin, Preparing the Record of Taped Interview, Royal Commission on Criminal Justice Research Study No. 2, Home Office (1992).
22. Code of Conduct of the Bar of England and Wales, 1990, Pt. II, para. 2.02.
23. See, for example, G. Gudjonnson, "Confessions Made to the Expert Witness: Some Professional Issues" (1994) 5 J. Forensic Psychiatry 237.
24. A. Zuckerman, "Bias and Suggestibility: Is There an Alternative to the Right to Silence?" in Suspicion and Silence: the Right to Silence in Criminal Investigations (D. Morgan and G. Stephenson eds. 1994).
25. J. McEwan, Evidence and the Adversarial Process (1992), p.19.
26. M. McConville, A. Sanders and R. Leng, The Case for the Prosecution: Police Suspects and the Construction of Criminality (1991).
27. T. Williamson, "Police investigation: the changing criminal justice context" in F. Leishman, B. Loveday and S. Savage (eds.), Core Issues in Policing (1996).
28. P. Cresswell, G. Howarth, M. Dolan and J. Hedges, Opportunities for Reducing the Administrative Burdens on the Police, Police Research Group Paper 3 (1993). See also Efficiency Scrutiny on Administrative Burdens on the Police in the Context of the Criminal Justice System (forthcoming).
29. P. Cresswell, G. Howarth, M. Dolan and J. Hedges, Opportunities for Reducing the Administrative Burdens on the Police, Police Research Group Paper 3 (1993). See also Efficiency Scrutiny on Administrative Burdens on the Police in the Context of the Criminal Justice System (forthcoming).
30. ibid. and the Report of the Royal Commission on Criminal Justice.
31. C. Pollard, "A Case for Disclosure" [1994] Crim.L.R. 42, on the prosecution of three Animal Liberation Front activists which was dropped rather than disclose the names of informants.
32. Criminal Procedure and Investigations Bill, published November 17, 1995.
33. L. Leigh and L. Zedner, A Report on the Administration of Criminal Justice in the Pre-trial Phase in France and Germany, Royal Commission on Criminal Justice Research Study No. 1, Home Office (1992).
34. The Police and Criminal Evidence Act 1984 codified police powers to investigate crime; under the Prosecution of Offences Act 1985 the police surrendered some powers to the Crown Prosecution Service; while the Public Order Act 1986 clarified safeguards against police powers.
35. Compare with evidence of poor quality of service from lawyers in M. McConville, J. Hodgson, L. Bridges and A. Pavlovic, Standing Accused (1994).
36. M. Zander, Note of Dissent to the Report of the Royal Commission on Criminal Justice (1993).
37. R. Leng, "Losing Sight of the Defendant: The Government's Proposals on Pre-trial Disclosure" [1995] Crim.L.R. 704.
38. L. Blom-Cooper, Social Control and Criminal Justice: An Unresponsive Alliance, speech to the Conference of the British Society of Criminology, Loughborough University, July 20, 1995, presents a fact-finding and problem-solving approach to criminal justice that draws on civil law practice.
39. Dissastisfaction with adversarial-style justice in New Zealand culminated in the Children, Young Persons and their Families Act 1989. Where a case is admitted or proven, it is now dealt with informally, through a Family Group Conference. See A. Morris, G. M. Maxwell and J. P. Robertson, "Giving Victims a Voice: a New Zealand Experiment" (1993) 32 Howard J.C. J. 304. Also F. McElrea, "Justice in the Community: The New Zealand Experience" in Relational Justice J. Burnside and N. Baker eds. (1994).
40. Dissastisfaction with adversarial-style justice in New Zealand culminated in the Children, Young Persons and their Families Act 1989. Where a case is admitted or proven, it is now dealt with informally, through a Family Group Conference. See A. Morris, G. M. Maxwell and J. P. Robertson, "Giving Victims a Voice: a New Zealand Experiment" (1993) 32 Howard J.C. J. 304. Also F. McElrea, "Justice in the Community: The New Zealand Experience" in Relational Justice J. Burnside and N. Baker eds. (1994).
41. J. Shapland, J. Hibbert, J. L'Anson, A. Sorsby and R. Wild, Milton Keynes Criminal Justice Audit (1995, The Institute for the Study of the Legal Profession, University of Sheffield).
42. Home Office Digest 2: Information on the Criminal Justice System in England and Wales: for the success of cautioning relative to prosecution, see p.32.
43. The Northamptonshire Diversion Unit estimate their costs at £706 per offender. Compare with data from the Milton Keynes Audit suggesting that community sanctions cost £4,002 per offender and custody £8,037 per offender.
44. The MORI State of the Nation Poll, 1995. For police lack of confidence in the criminal justice system, see results of Police Federation Poll, May 15, 1995.
45. Crown Prosecution Service Annual Reports, 1993-1994 and 1994-1995.
46. For examples of good practice in continental Europe and Scotland, see J. R. Spencer, "The Protection of Witnesses" [1995] The Magistrate 114.
47. The Report of the Royal Commission on Criminal Justice, Chapter 3, pp.65-72.
48. G. Davies, C. Wilson, R. Mitchell and J. Milsom, Videotaping Children's Evidence: An Evaluation (May 1995). A 27-month investigation by a team from the Department of Psychology, University of Leicester, into the effectiveness of the special provisions for child witnesses contained in the Criminal Justice Act 1991.
49. Relational Justice: Repairing the Breach (J. Burnside and N. Baker eds. 1994).