Rod Morgan - Academia.edu (original) (raw)

Papers by Rod Morgan

Abstract: The sample of cases was obtained from child protective services (CPS) and child protect... more Abstract: The sample of cases was obtained from child protective services (CPS) and child protection units in September and October 1996. The initial videotaped interview, with a child alleging abuse served purposes that were sometimes difficult to reconcile and that ...

Criminal justice reform and probation I n the press release accompanying the publication of the n... more Criminal justice reform and probation I n the press release accompanying the publication of the new Criminal Justice Bill in November 2002, the Home Secretary stressed the need for the criminal justice system to be 'responsive to the communities it serves' and, not for the first time, talked of the need for 'radical reform. .. to restore public faith in the criminal justice system'. The Bill incorporates much of the thinking evident in Robin Auld's review of the criminal courts and John Halliday's review of sentencing (see 'Research & Reports', Probation Journal 48 (3), pp. 221-2). The recommendations of this latter report in particular are likely to have an enormous impact on the work of the probation service. If they are implemented, according to the review team's own estimates, it could mean an increase in the prison population of between 3000 and 6000 and an additional 80,000 offenders under probation supervision at any one time. Notwithstanding the other merits of the Halliday recommendations, this is a worrying prospect at a time when, in real terms, probation resources have been diminishing. In this challenging context, a number of the articles in this edition examine the impact on the probation service of the ongoing reform of the criminal justice system, and grapple with the part which a reconfigured service might play within it. The crucial issue of resources is considered in some detail in Rod Morgan's Thinking about the demand for probation services. This article asks some searching questions about the role which the probation service has itself played in the 'up-tariffing' of low risk offenders and the increased prison population which has followed. It argues that in order for resources to be directed away from the low risk offenders who are 'silting up' probation caseloads, the probation service must be more vociferous in informing sentencers about its work. The author suggests that an unambiguous acceptance within probation service culture that sentencers-not offenders, the public or any other party-are the core users of probation services, would be a good starting point. From a greater critical distance, Judith Rumgay's Drug treatment and offender rehabilitation: Reflections on evidence, effectiveness and exclusion argues that the probation service might usefully take heed of the move away from medical model interventions in the drug treatment field. This article argues that the proliferation of diverse interventions for tackling drug use contrasts sharply with the 5

European Journal of International Law, 1994

The Committee established by the European Convention for the Prevention of Torture and Inhuman or... more The Committee established by the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the CPT, consists 'of a number of members equal to that of the Parties'. 1 As of 1 April 1994 25 States had signed and ratified the Convention. The Committee, however, comprised only 21 members. No member had yet been elected in respect of either San Marino or Hungary, which became parties to the Convention on 1 May 1990 and 1 March 1994 respectively or in respect of Slovenia, for whom the Convention will enter into force on 1 June 1994. 2 In addition, no member had been elected to replace the member for Ireland who did not seek re-election in September 1993. 3 The effectiveness and credibility of the CPT (which given its four years of operational existence is arguably already considerable 4) depends crucially on the quality and continuity of its membership. The work of the Committee rests on it being provided by the Council of Europe with a budget adequate for it to be: serviced by a professional secretariat; assisted by competent experts; and able to carry out thorough and regular visits of inspection. These support facilities are likely to count for little, however, if the Committee itself lacks persons committed to the mandate provided by the Convention or short of the ability and experience to carry it through. In this brief paper we examine the characteristics of the members and the * Faculty of Law, University of Bristol. 1 Convention, Article 4(1). 2 Hungary ratified the Convention on 4 November 1993 and Slovenia ratified on 2 February 1994. The Convention enters into force on the first day of the month following the expiration of three months after die date of the deposit of an instrument of ratification (Article 19(2)). Romania also signed the Convention on 4 November 1993 but has yet to ratify. Following a decision of the Committee of Ministers on 30 June 1993 the Czech Republic and Slovakia are also regarded as signatories to the Convention as of 1 January 1993. 3 Mr Mellett had been die member for Ireland since September 1993. 4 See Evans and Morgan, The European Convention for rhe Prevention of Torture: Operational Practice', ICLQ (1992) 41, 590-614; Morgan and Evans, "Inspecting Prisons: the View from Strasbourg', in R-D. King and M Maguire (eds). Prisons in Context (1994); Murdoch, The Work of the Council of Europe's Torture Committee', 5 EJIL (1994) 220. See Cassese, 'A New Approach to Human Rights: the European Convention for the Prevention of Torture 1 , 83 AJIL (1989) 128, at 146. Article 3 of Protocol No. 1 (See CPT/Inf (93) 17) amends Article 18 of me Convention so that The Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to the Convention.' This Protocol is designed to facilitate accession by the European States involved in the CSCE process which are not Council of Europe Members. The protocol will come into force on the first day of the month following three months after the date on which all parties have expressed their consent (Protocol No. 1 Article 8). This is not likely to occur in the near future. The Protocol was opened for signature on 4 November 1993. This produced a rather peculiar situation as regards the Member for Spain. Mr Torres Boorsault was elected as an original member of the Committee in September 1989 and was, therefore, due for re-election in September 1993. However, he resigned as a mrmhrr in 1990 and was replaced in April 1990 by Mr Mobedano who himself resigned in 1993 when Mr Torres Boorsault was again elected to the Committee. His term of office win now expire in May 1997. It is unclear, however, whether he can be eligible for re-election under the existing rules since it is at least arguable thai he has already been 're-elected once*. No matter what the answer is to this question, it is clear that the election of the Spanish member has 'broken away' from the original cycle of election. Another alteration in the date of election was caused by the resignation in September 1991 of the Portuguese member, Mr Lopes Rocha (who had been first elected in June 1990), following his election as a Judge of the European Court of Human Rights. In September 1992 Mr Vieira Mesquita was elected member for Portugal

The Journal of Criminal Law and Criminology (1973-), 1986

British Journal of Criminology, 2010

... Hughes and Gudrun Wacker Challenging Authoritarianism in Southeast Asia Comparing Indonesia a... more ... Hughes and Gudrun Wacker Challenging Authoritarianism in Southeast Asia Comparing Indonesia and Malaysia Edited by Ariel Heryanto and ... Shoma Munshi China, Arms Control and Nonproliferation Wendy Frieman Communitarian Politics in Asia Edited by Chua Beng Huat ...

Probation Journal, 2003

This article explores three questions. First, it considers who does and should determine the dema... more This article explores three questions. First, it considers who does and should determine the demand for probation services; second, why the pattern for the demand and supply of probation services is as it currently is; and finally, it considers how the future demand and supply of probation services might be altered. The author argues that the 'silting up' of probation caseloads with low risk offenders is a major problem for an already overstretched workforce and suggests a number of measures which could be taken to address this problem-these include the 'up-tariffing' of community service, more use of restorative justice approaches, a more effective strategy to inform sentencers of the effects their sentencing decisions are having, and a return to a greater reliance on financial penalties.

Criminal Justice Matters, 2007

contends that the Brown government has the capacity and motivation to deliver a more preventative... more contends that the Brown government has the capacity and motivation to deliver a more preventative approach to youth crime.

Criminal Justice Matters, 2011

Criminal Justice Matters, 2003

was this year's speaker at the COS Annual General Meeting. He anticipated the Government's recent... more was this year's speaker at the COS Annual General Meeting. He anticipated the Government's recent plans for changes to prisons and probation and spoke of his concern with the burden of cases and prisoners that are 'silting up' the system. His proposal to help alleviate this growing problem is outlined here.

Criminal Justice Matters, 2004

saw the crisis points in prisoner resettlement as Chief Inspector of Probation. Here he identifie... more saw the crisis points in prisoner resettlement as Chief Inspector of Probation. Here he identifies the need for immediate reassessment and change under the new National Offender Management Service.

Criminal Justice Matters, 2004

illuminate the damage of AntiSocial Behaviour Orders against children in care by the in loco pare... more illuminate the damage of AntiSocial Behaviour Orders against children in care by the in loco parentis, the local authority. The issue Young people in care where the local authority is in loco parentis, share, prior to their being taken into care, many of the risk factors exhibited by children prosecuted for offending behaviour (Youth Justice Board 2001). Indeed, some commentators suggest it is something of a lottery whether many children at risk are dealt with through Family Court or Youth Court proceedings. Yet, while in care, such children suffer from double jeopardy. If they are in residential care they are often exposed to even more of the risk factors associated with offending. Their educational links will likely be disrupted and their attachments to friends and the extended family undermined. They may feel alienated. They will probably be drawn into contact with a new peer group engaged in offending. But there is a further, exacerbating factor. The likelihood of their being criminalised for behaviour which, were they at home with parents or other carers, would almost certainly not result in the police being called and prosecution resulting, is likely to increase. To the extent that this occurs they are further disadvantaged and stigmatised.

Criminal Justice Matters, 1998

Criminal Justice Matters, 2013

London: Home Office, 1998

Additional copies of this report can be be obtained from the Home Office, Info rmation & Publicat... more Additional copies of this report can be be obtained from the Home Office, Info rmation & Publications Group, Research Development Statistics Dire cto rate, Room 201, 50 Queen Anne's Gate, London SW1H 9AT. ... Chapter 5 – The Pilot Sites: Procedures and Collaboration in Relation to ...

Abstract: The sample of cases was obtained from child protective services (CPS) and child protect... more Abstract: The sample of cases was obtained from child protective services (CPS) and child protection units in September and October 1996. The initial videotaped interview, with a child alleging abuse served purposes that were sometimes difficult to reconcile and that ...

Criminal justice reform and probation I n the press release accompanying the publication of the n... more Criminal justice reform and probation I n the press release accompanying the publication of the new Criminal Justice Bill in November 2002, the Home Secretary stressed the need for the criminal justice system to be 'responsive to the communities it serves' and, not for the first time, talked of the need for 'radical reform. .. to restore public faith in the criminal justice system'. The Bill incorporates much of the thinking evident in Robin Auld's review of the criminal courts and John Halliday's review of sentencing (see 'Research & Reports', Probation Journal 48 (3), pp. 221-2). The recommendations of this latter report in particular are likely to have an enormous impact on the work of the probation service. If they are implemented, according to the review team's own estimates, it could mean an increase in the prison population of between 3000 and 6000 and an additional 80,000 offenders under probation supervision at any one time. Notwithstanding the other merits of the Halliday recommendations, this is a worrying prospect at a time when, in real terms, probation resources have been diminishing. In this challenging context, a number of the articles in this edition examine the impact on the probation service of the ongoing reform of the criminal justice system, and grapple with the part which a reconfigured service might play within it. The crucial issue of resources is considered in some detail in Rod Morgan's Thinking about the demand for probation services. This article asks some searching questions about the role which the probation service has itself played in the 'up-tariffing' of low risk offenders and the increased prison population which has followed. It argues that in order for resources to be directed away from the low risk offenders who are 'silting up' probation caseloads, the probation service must be more vociferous in informing sentencers about its work. The author suggests that an unambiguous acceptance within probation service culture that sentencers-not offenders, the public or any other party-are the core users of probation services, would be a good starting point. From a greater critical distance, Judith Rumgay's Drug treatment and offender rehabilitation: Reflections on evidence, effectiveness and exclusion argues that the probation service might usefully take heed of the move away from medical model interventions in the drug treatment field. This article argues that the proliferation of diverse interventions for tackling drug use contrasts sharply with the 5

European Journal of International Law, 1994

The Committee established by the European Convention for the Prevention of Torture and Inhuman or... more The Committee established by the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the CPT, consists 'of a number of members equal to that of the Parties'. 1 As of 1 April 1994 25 States had signed and ratified the Convention. The Committee, however, comprised only 21 members. No member had yet been elected in respect of either San Marino or Hungary, which became parties to the Convention on 1 May 1990 and 1 March 1994 respectively or in respect of Slovenia, for whom the Convention will enter into force on 1 June 1994. 2 In addition, no member had been elected to replace the member for Ireland who did not seek re-election in September 1993. 3 The effectiveness and credibility of the CPT (which given its four years of operational existence is arguably already considerable 4) depends crucially on the quality and continuity of its membership. The work of the Committee rests on it being provided by the Council of Europe with a budget adequate for it to be: serviced by a professional secretariat; assisted by competent experts; and able to carry out thorough and regular visits of inspection. These support facilities are likely to count for little, however, if the Committee itself lacks persons committed to the mandate provided by the Convention or short of the ability and experience to carry it through. In this brief paper we examine the characteristics of the members and the * Faculty of Law, University of Bristol. 1 Convention, Article 4(1). 2 Hungary ratified the Convention on 4 November 1993 and Slovenia ratified on 2 February 1994. The Convention enters into force on the first day of the month following the expiration of three months after die date of the deposit of an instrument of ratification (Article 19(2)). Romania also signed the Convention on 4 November 1993 but has yet to ratify. Following a decision of the Committee of Ministers on 30 June 1993 the Czech Republic and Slovakia are also regarded as signatories to the Convention as of 1 January 1993. 3 Mr Mellett had been die member for Ireland since September 1993. 4 See Evans and Morgan, The European Convention for rhe Prevention of Torture: Operational Practice', ICLQ (1992) 41, 590-614; Morgan and Evans, "Inspecting Prisons: the View from Strasbourg', in R-D. King and M Maguire (eds). Prisons in Context (1994); Murdoch, The Work of the Council of Europe's Torture Committee', 5 EJIL (1994) 220. See Cassese, 'A New Approach to Human Rights: the European Convention for the Prevention of Torture 1 , 83 AJIL (1989) 128, at 146. Article 3 of Protocol No. 1 (See CPT/Inf (93) 17) amends Article 18 of me Convention so that The Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to the Convention.' This Protocol is designed to facilitate accession by the European States involved in the CSCE process which are not Council of Europe Members. The protocol will come into force on the first day of the month following three months after the date on which all parties have expressed their consent (Protocol No. 1 Article 8). This is not likely to occur in the near future. The Protocol was opened for signature on 4 November 1993. This produced a rather peculiar situation as regards the Member for Spain. Mr Torres Boorsault was elected as an original member of the Committee in September 1989 and was, therefore, due for re-election in September 1993. However, he resigned as a mrmhrr in 1990 and was replaced in April 1990 by Mr Mobedano who himself resigned in 1993 when Mr Torres Boorsault was again elected to the Committee. His term of office win now expire in May 1997. It is unclear, however, whether he can be eligible for re-election under the existing rules since it is at least arguable thai he has already been 're-elected once*. No matter what the answer is to this question, it is clear that the election of the Spanish member has 'broken away' from the original cycle of election. Another alteration in the date of election was caused by the resignation in September 1991 of the Portuguese member, Mr Lopes Rocha (who had been first elected in June 1990), following his election as a Judge of the European Court of Human Rights. In September 1992 Mr Vieira Mesquita was elected member for Portugal

The Journal of Criminal Law and Criminology (1973-), 1986

British Journal of Criminology, 2010

... Hughes and Gudrun Wacker Challenging Authoritarianism in Southeast Asia Comparing Indonesia a... more ... Hughes and Gudrun Wacker Challenging Authoritarianism in Southeast Asia Comparing Indonesia and Malaysia Edited by Ariel Heryanto and ... Shoma Munshi China, Arms Control and Nonproliferation Wendy Frieman Communitarian Politics in Asia Edited by Chua Beng Huat ...

Probation Journal, 2003

This article explores three questions. First, it considers who does and should determine the dema... more This article explores three questions. First, it considers who does and should determine the demand for probation services; second, why the pattern for the demand and supply of probation services is as it currently is; and finally, it considers how the future demand and supply of probation services might be altered. The author argues that the 'silting up' of probation caseloads with low risk offenders is a major problem for an already overstretched workforce and suggests a number of measures which could be taken to address this problem-these include the 'up-tariffing' of community service, more use of restorative justice approaches, a more effective strategy to inform sentencers of the effects their sentencing decisions are having, and a return to a greater reliance on financial penalties.

Criminal Justice Matters, 2007

contends that the Brown government has the capacity and motivation to deliver a more preventative... more contends that the Brown government has the capacity and motivation to deliver a more preventative approach to youth crime.

Criminal Justice Matters, 2011

Criminal Justice Matters, 2003

was this year's speaker at the COS Annual General Meeting. He anticipated the Government's recent... more was this year's speaker at the COS Annual General Meeting. He anticipated the Government's recent plans for changes to prisons and probation and spoke of his concern with the burden of cases and prisoners that are 'silting up' the system. His proposal to help alleviate this growing problem is outlined here.

Criminal Justice Matters, 2004

saw the crisis points in prisoner resettlement as Chief Inspector of Probation. Here he identifie... more saw the crisis points in prisoner resettlement as Chief Inspector of Probation. Here he identifies the need for immediate reassessment and change under the new National Offender Management Service.

Criminal Justice Matters, 2004

illuminate the damage of AntiSocial Behaviour Orders against children in care by the in loco pare... more illuminate the damage of AntiSocial Behaviour Orders against children in care by the in loco parentis, the local authority. The issue Young people in care where the local authority is in loco parentis, share, prior to their being taken into care, many of the risk factors exhibited by children prosecuted for offending behaviour (Youth Justice Board 2001). Indeed, some commentators suggest it is something of a lottery whether many children at risk are dealt with through Family Court or Youth Court proceedings. Yet, while in care, such children suffer from double jeopardy. If they are in residential care they are often exposed to even more of the risk factors associated with offending. Their educational links will likely be disrupted and their attachments to friends and the extended family undermined. They may feel alienated. They will probably be drawn into contact with a new peer group engaged in offending. But there is a further, exacerbating factor. The likelihood of their being criminalised for behaviour which, were they at home with parents or other carers, would almost certainly not result in the police being called and prosecution resulting, is likely to increase. To the extent that this occurs they are further disadvantaged and stigmatised.

Criminal Justice Matters, 1998

Criminal Justice Matters, 2013

London: Home Office, 1998

Additional copies of this report can be be obtained from the Home Office, Info rmation & Publicat... more Additional copies of this report can be be obtained from the Home Office, Info rmation & Publications Group, Research Development Statistics Dire cto rate, Room 201, 50 Queen Anne's Gate, London SW1H 9AT. ... Chapter 5 – The Pilot Sites: Procedures and Collaboration in Relation to ...