Crime & Justice
Latest Crime & Justice Publications
The Supreme Court’s prorogation judgment, Miller/Cherry, was contrary to the settled law of the constitution. This paper, which complements and completes an earlier critique, refutes attempts to deny the judgment’s revolutionary character, attempts that cannot be squared with key facts about prorogation in the run-up to the Bill of Rights 1689, with Erskine May’s Law and Practice of Parliamentary, and with the primary 20th century textbook on the law of the constitution. The paper details the factual misjudgements and injustices at the heart of the Supreme Court’s judgment, and confirms the wisdom of the law of non-justiciability that the judgment casts aside.
Prisons exist to keep the public safe yet in recent years the Ministry of Justice and Her Majesty’s Prisons and Probation Service has shown that they are not capable of properly managing the most dangerous offenders. This paper, by Richard Walton – a former Head of the Metropolitan Police’s Counter Terrorism Command – argues that it is time for the Home Secretary, and the Home Office, to supervise prisons as they did until 2007. The Ministry of Justice as it is currently configured should be abolished, with a new Lord Chancellor’s Department replacing it to work solely on courts and justice policy, at the same time enshrining in law and practice the independence of the judiciary.
With the rhetoric inside the House of Commons ratcheted up to fever pitch this week, it is hardly surprising that protest outside Parliament became equally as chaotic and disruptive.
Latest Crime & Justice Blogs
Prisons must be safe before rehabilitation can take place – Policy Exchange’s Director of Research and Strategy looks at the Justice Secretary’s latest place for prison reform.
Why are elected ministers are powerless in the face of the release of a serious offender? Policy Exchange’s Director of Research Rupert Oldham-Reid explores how politicians and the judiciary have transferred power (and hard decisions) from elected representatives to unelected officials.
Dr Gunnar Beck — a Visiting Scholar at Policy Exchange’s Judicial Power Project — responds to German Vice Chancellor and Minister for Foreign Affairs, Sigmar Gabriel’s apparent signal that the EU might be willing to ‘relax some of its more extravagant demands’ in the Brexit negotiations. Beck concludes that while Gabriel’s proposal for a transnational EU-UK court is a ‘promising starting point for the negotiations’, the UK ‘needs assurance that its future legal relationship with the EU [will be] governed by the greatest possible legal certainty and overseen by a court which ensures that words mean what they say and not simply whatever it may be that best suits the European Union’.
Latest Crime & Justice News
Sir Noel Malcolm, leading historian of ideas and Senior Adviser on Human Rights to Policy Exchange, appeared on Radio 4’s Today programme to debate the issue of Human Rights law with Baroness Helena Kennedy QC.
Warwick Lightfoot – Policy Exchange Director of Research & Head of Economics and Social Policy – spoke to BBC Radio Wiltshire about Police and Crime Commissioners. Although first elected in 2012, the idea to create the posts was in fact proposed by Policy Exchange in our very first report, ‘Going local: Who should run Britain’s police?’, published nine years earlier in 2003.
Policy Exchange’s Judicial Power Project responds to Government paper on European Court of Justice post-BrexitRichard Ekins
Policy Exchange's Judicial Power Project responded to the paper released by the Government on leaving the jurisdiction of the European Court of Justice after Brexit. Visiting Fellow Dr Gunnar Beck writes in The Telegraph and Professor Richard Ekins, head of the Judicial Power Project, writes in The Spectator, while Senior Fellow Christopher Forsyth writes for CapX and Richard and Gunnar for ConservativeHome.
Latest Crime & Justice Events
- Monday, 11 March, 2019
18:00 - 19:30
The problem of jihadi brides and ISIL fighters has made discussions about reform of the law of treason a matter of high public importance. Policy Exchange is proud to have led the public conversation about this issue, beginning with publication in July 2018 of a major cross-party report on modernisation of the law.
- Monday, 26 February, 2018
18:00 - 19:30
The acute threat we face from terrorism will only be tackled when the whole of society understands and responds to the chronic threat from extremism, says Mark Rowley in his keynote valedictory address as Assistant Commissioner of the Metropolitan Police for Specialist Operations and National Lead for Counter Terrorism Policing delivered at Policy Exchange.
- Thursday, 1 February, 2018
18:00 - 19:30
In his new study for Policy Exchange’s Judicial Power Project, Sir Noel Malcolm considers European Human Rights law and finds it wanting. This event addresed Sir Noel’s critique of European Human Rights law – and his robust conclusion that the UK ought to withdraw from the Convention. Above all it examined his new approach to the nature of human rights and the place they ought to have in our constitution.