Cédric Foussard

Abstract: violence in criminal ‘justice’ systems around the world and those held in penal detention are especially vulnerable. This collection of essays both exposes such phenomena and charts ways in which it can be, and must be, addressed. The book makes a timely and important contribution to an evolving literature and it comprises an essential point of reference for researchers, advocates, policymakers and practitioners alike’. Professor Barry Goldson, Department of Sociology, Social Policy and Criminology, The University of Liverpool, UK

Abstract: The applicant had been arrested in 1997 on suspicion of carrying out a number of armed robberies on mini-cab drivers. He agreed to participate in identification parades but failed to attend on the day on which they were due to take place. Instead he sent a doctor’s note stating that he was too ill to go to work. The parades were rearranged and notice to that effect was sent to the applicant’s home address. The applicant did not attend the rearranged parade, stating that he had not received notification as he had changed address. A further robbery then occurred for which the applicant was arrested. The applicant again agreed to stand on an identification parade, but again failed to attend on the day that it was to take place. Following this failure to attend two more robberies were committed with which the applicant was subsequently charged. The mainstay of the prosecution’s case against the applicant would be the ability of a number of witnesses to make visual identifications and for this reason submitting the applicant to an identification parade was of great importance. In light of the applicant’s failure to attend the parades that had been arranged, the police decided to arrange a video identification. Permission to film the applicant covertly for this purpose was sought from the Deputy Chief Constable under Home Office guidelines. The applicant was taken from prison, where he was being detained in relation to another matter, to a police station. Both the applicant and the prison authorities had been informed that this was for identification purposes and further interviews regarding the armed robberies. On arrival at the police station he was invited to participate in an identification parade but refused. The custody suite at the police station was fitted with a camera which was kept running at all times and covered an area in which police officers and other suspects came and went. Before the applicant arrived at the police station an engineer made adjustments to the camera to ensure that clear images were obtained that were suitable for use in a video identification. The footage of the applicant was then used in a compilation with footage of 11 other volunteers who imitated the actions of the applicant. Two of the witnesses who viewed the video compilation picked out the applicant. Neither the applicant nor his solicitor were informed that a tape had been made or used for identification purposes and were, therefore, not given an opportunity to view it prior to its use.

Abstract: Based on findings from the Edinburgh Study of Youth Transitions and Crime, this article challenges the evidence-base which policy-makers have drawn on to justify the evolving models of youth justice across the UK (both in Scotland and England/Wales). It argues that to deliver justice, systems need to address four key facts about youth crime: serious offending is linked to a broad range of vulnerabilities and social adversity; early identification of at-risk children is not an exact science and runs the risk of labelling and stigmatizing; pathways out of offending are facilitated or impeded by critical moments in the early teenage years, in particular school exclusion; and diversionary strategies facilitate the desistance process.The article concludes that the Scottish system should be better placed than most other western systems to deliver justice for children (due to its founding commitment to decriminalization and destigmatization). However, as currently implemented, it appears to be failing many young people.

Abstract: The aim of the article is to present the legal status and the state of scientific research on the implementation of national policy on the protection of the rights of children forced to participate in court proceedings. It is based on a method of analysis of the content of formal documents and selected research reports in the years 2015–2018 concerning the issues of child protection in contact with the justice system. The analysis of the research reports has led us to the conclusion that it is necessary to prepare judges and the police for the interrogation of children, but also to prepare them for contact with the institutional justice system through competently organised education on children’s rights.