Home publishes justice review
A JUSTICE strategy which leads to a society in which everyone is safe and secure and has their rights protected is the goal of the long-awaited justice review published by Home Affairs.
The report is being presented to the States as a ‘green paper’, meaning that it can be debated but not amended.
In the policy letter attached to the report, Home said that with such far-reaching policy it needed a general open debate, after which the committee will report back following further consultations.
One of its ideas is to set up a cross-committee forum, currently being called the Justice Advisory Panel, to take on board the report and to provide support and advice as Home moves towards coming up with proposals to present to the States.
There are a total of 43 recommendations, including many which advise additional research and consultation leading towards the creation of a justice strategy.
As part of the review’s preparation, workshops were held during which people gave their views on what they considered the most important parts of the justice vision, and the top option was that everyone should be safe and secure, with the development of a responsible society not far behind.
A comment made at one of the workshops held during the consultation period was that at the moment the island has something that is more like a legal system than a justice system, and this, said Home, goes to the core of the review.
This review focuses on criminal justice, although Home notes that social and family justice will require attention in the future. As well as its recommendations, the review sets out nine principles which should underpin the future justice framework, such as fostering cultural change to make sure that a ‘responsible, tolerant and inclusive approach’ to justice matters is both supported by and reflected in society, and ensure that it is fair, proportionate and accessible to all.
The future justice framework should also shift the emphasis of policy to people, rather than processes, such as supporting victims, witnesses and all parties in family breakdowns and addressing the underlying causes of crime and other forms of social disorder ‘both structurally and in individual cases’.
Among the recommendations are calls for:
. A review of the formal and informal diversion measures currently used in the justice system
. A review of the wider processes and procedures in respect of children who are alleged to have committed offences
. An independent analysis of sentencing practices and factors taken into account in decision-making
. An independent review of sentencing legislation and sentencing outcomes
. Action on domestic abuse and sexual violence to be given more prominence
. Home Affairs to lead an internal cross-committee review of the extent to which restorative justice and other forms of alternative dispute resolution are currently being used in Children’s Services, education and in family justice and criminal justice agencies
. A business case for a community justice intelligence team to be made to the Policy & Resources Committee
‘The committee acknowledges that justice is much more than the capturing of an individual following an offence and taking them through the court process and sentencing,’ said Home.
‘Rather it is about having a safe and fair society; it is about delivering a just and inclusive community... justice encompasses social policy aimed at ensuring community well-being, fairness, safety, justice and equity.’
