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Confidence also needs to be built after justice transfer

Devolution of policing and justice will give an opportunity to reassess what we want from our legal system, argues Dr Michael Maguire

Monday, 16 November 2009

It is right that the focus of the debate on the devolution of policing and justice issues here has, so far, been in relation to the finance required for devolution and the creation of the necessary political climate for the transition.

Getting the politics and the finance right is the critical foundation for the future stable development of the justice system in Northern Ireland.

While the context of how policing and justice operates will always be political, devolution to the Northern Ireland Assembly provides an opportunity to deal in a different way with what used to be called 'bread and butter' issues.

Should devolution go ahead, there will be clear expectations that improvements will result.

The 'devolution difference' will be paramount as politicians seek to shape the delivery of policing and criminal justice for the benefit of local people. Ultimately, increased public confidence in the criminal justice system will be determined by the capacity of the system to 'do what it says on the tin'.

In the six years since it was established, Criminal Justice Inspection Northern Ireland has focused on the issues that have an influence on the performance of the justice system here. Our work has highlighted a range of issues that continue to trouble justice organisations, senior management and those who are on the receiving end of the services provided.

The inspectorate's reports have included recommendations aimed at securing further improvements in the delivery of community policing and the way in which the Public Prosecution Service for Northern Ireland communicates with victims and witnesses.

They have highlighted the need to cut the length of time it takes from when a decision to charge someone is made until they are dealt with through the court system.

The reports have refocused attention on the importance of resettlement and addressing re-offending as part of on-going prison practice to reduce the number of victims of crime in the future.

These issues will remain irrespective of whether there is devolution or not so the question is will the devolution of policing and criminal justice make a difference?

One component of success in the devolution of policing and justice matters will be the capacity of politicians to get to grips with the detail of criminal justice quickly and make decisions on how it can be improved.

Creating the 'devolution difference' can be achieved through the development of a clear view on what we, the community, want justice organisations to deliver and then by holding them accountable for this.

The 'bread and butter' issues are important because they influence the way people interact with the justice organisations.

This interaction is critical in determining how people feel about policing and criminal justice and the confidence they have in the organisations charged with delivering it.

Work on public confidence in the justice system conducted by the Home Office identified a number of factors that were important in influencing high and low levels of public confidence in criminal justice.

It revealed that those with the lowest levels of confidence in the system reported more direct and indirect experience of crime and criminal justice were informed by their own observations, word-of-mouth and the media. They also displayed more fear of crime in their areas.

It is not a comforting thought to know that, based on this research, the people who have most contact with the criminal justice system were found to have the least confidence in its operation.

What this means is that if the system is not delivering, no amount of 'positive' spin will help convince people that it is. Alternatively, if the criminal justice system is delivering, people on the ground will see the benefits for themselves.

Once the political climate is right for the devolution of policing and criminal justice, and I hope that it will be, getting to grips with the day job will be the next step.

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