Nicola Padfield

This book is concerned to explore the changing role of the Parole Board across the range of its responsibilities, including the prediction of risk and deciding on the release (or continued detention) of the growing number of recalled prisoners and of those subject to indeterminate sentences. In doing so it aims to rectify the lack of attention that has been given by lawyers, academics and practitioners to back door sentencing (where the real length of a sentence is decided by those who take the decision to release) compared to front door sentencing' (decisions taken by judges or magistrates in court). Particular attention is given in this book to the important changes made to the role and working of the Parole Board as a result of the impact of the early release scheme of the Criminal Justice Act 2005, with the Parole Board now deciding in Panels concerned with determinate sentence prisoners, lifers and recalled prisoners. A wide range of significant issues, and case law, has arisen as a result of these changes, which the contributors to this book, leading authorities in the field, aim to explore.

Who to Release?

Jonathan Bild

Highlighting key issues in Criminal Justice that students need to consider, the Fifth Edition of this popular text contains a wide and varied selection of materials which help to explain the evolution of the criminal justice process in England and Wales since the early 1990s. Statutes, case law, empirical research and official and unofficial reports, as well as theoretical perspectives and academic comment are woven together and contextualized by the accompanying narrative to provide an authoritative account of the recent development of the criminal justice system. Fully updated, this Fifth Edition explores the issues around: • the introduction of Police and Crime Commissioners; • the contracting out of probation services; • the significant reforms to legal aid funding; • the challenges to trial by jury posed by the internet. This book also helpfully directs students to further reading by chapter to provide next steps for research. Written in an accessible style, Text and Materials on the Criminal Justice Process is a valuable resource for students of criminal justice.

Text and Materials on the Criminal Justice Process

Criminal Law

Loraine Gelsthorpe

The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Exercising Discretion

Criminal Law provides a concise account of all the relevant aspects of criminal law in a manageable and thought-provoking way. Underpinned by the author's expert insight, this is an essential introductory guide to criminal law. In an area where case law is so integral to effective understanding of the different legal principles, Criminal Law provides numerous key case summaries to help students remember the key points of law, with an authoritative guiding commentary to help them think critically about and around the subject. Students are able to consolidate their own learning through supporting chapter summaries, further reading, and self-test questions throughout the book.

This book is a study of the workings of the Discretionary Lifer Panels of the Parole Board, the body charged with the responsibility for making decisions on the release of discretionary life sentence prisoners. It traces the origins and development of the Discretionary Lifer Panels following the landmark Weeks and Thynne decisions of the European Court of Human Rights which led to the establishment of DLPs, and examines the way in which the DLPs developed subsequently - often rather differently to what was originally envisaged as necessary to comply with the decision of the ECHR. This book provides a fascinating case study of a little-known part of the criminal justice system, and explores at the same time the wider issues that have arisen - in particular the impact of the ECHR and the Human Rights Act on the criminal justice system; the relationship between the Parole Board and the Prison and Probation Services; the differences between release procedures for different categories of life sentence prisoner, and those detained compulsorily under the Mental Health Act;the broader social, legal and political context in which DLPs operate, and the nature of discretionary decision-making in the criminal justice system field. the first detailed study - from a leading authority in the field - of the way decisions are reached on discretionary life sentence prisoners explores the impact of the decisions of the European Court of Human Rights and the Human Rights Act on the working of the criminal justice system of interest to practitioners and academics concerned with the criminal justice system.

Beyond the Tariff

Dirk Van Zyl Smit

Frieder Dünkel

Release from prison is matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well the consistent findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners. This book aims to meet the need for comparative information on release from prison across Europe and explores some of the key themes and issues. The body of the book focuses on country perspectives, providing an invaluable survey of the situation in a number of European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.

European Policy and Practice

Release from Prison

Release from prison is a matter of increasing interest throughout Europe. On the one hand, arguments about the need to reduce prison numbers, as well as findings that prisoners can be integrated into society more effectively if they are subject to a period of supervision in the community, have made early release policies attractive to governments and to academic commentators. On the other hand, there are concerns that early release may not be applied fairly to all prisoners.Including contributions from leading subject specialists, this book aims to provide important comparative information on release from prison across Europe and explores some of the key themes and issues.Part of the focus is on Council of Europe Recommendations and on European Union measures but the main body of the book focuses on country perspectives, providing an invaluable survey of the differing situations in various European countries. The introductory and concluding chapters place the comparative material in a broader perspective. They explain how release policy is related to wider questions about justice and fairness in prison-related decision-making and the changing place of imprisonment in European society.

Nicola Padfield

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