Monday, 25 Aug 2008 10:20
The study has warned that the greater use of notices and fines was dragging people into the criminal justice system
Experts say that a preference by law enforcement authorities to caution and fine offenders for minor crimes is leading to youth being criminalised.
The research by the Centre for Crime and Justice Studies at Kings College stated that speedy "summary justice" powers such as cautions, fixed penalty notices and penalty notices for disorders were being used when informal methods would suffice.
The study entitled 'Summary Justice: Fast – but fair" looks into the impact of reforms meant to ease pressure on courts.
While it states that many minor offences have been solved outside of court, it stated that the new measures led to a risk of "too ready criminalisation of children and young people for minor offences".
It added that there was no evidence to suggest that serious offences were being dealt with appropriately outside of the court system.
Professor Rod Morgan, a government-appointed advisor and author of the report, said: "The increased use of pre-court summary justice is one of the most important elements in the government's strategy for modernising the criminal justice system.
"The implementation of the strategy has received virtually no research, inspectoral or parliamentary scrutiny. The trend towards pre-court summary justice should more incisively be scrutinised to ensure that justice is being meted out fairly and effectively. We cannot be wholly confident that this is so."
Richard Garside, director of the Centre for Crime and Justice Studies, said the report raised questions about the consequences of policy designed to divert offences from court hearings.
"The greater use of summary powers appears to have resulted in more people being dragged into the criminal justice system," he explained.
Commenting on the report, a spokesman for the Ministry of Justice said: "The best way to avoid a criminal record is not to break the law.
"The law-abiding majority want to see crimes dealt with effectively, and fixed-penalty notices and cautions are part of this process.
"They allow police to deal swiftly with low-level offending, freeing them up to spend more time on frontline duties and more time investigating violent, dangerous and serious offences," he added.