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15 February 2007 / John Cooper KC
Issue: 7260 / Categories: Opinion
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The NLJ Column

Is the balance of justice shifting too far in favour of victims?

At a recent public meeting of the Prison Reform Trust, the Archbishop of Canterbury, Dr Rowan Williams, delivered an eloquent and complex paper which challenged our perceptions on the axis of care between victims and perpetrators of crime.

A delicate balance

It is, indeed, a delicate balance. Instinct, and let us acknowledge it, emotion, tend to shift the balance decisively in favour of the victim. That is not surprising. Who cannot but feel sympathy for the battered victim of violence, sexual assault or empathise with those whose homes have been violated by burglary.

Yet neither is it controversial to state that one of the primary purposes of custody should be rehabilitation, to reproduce into society a safe and balanced individual. After all, that is the best way to reduce crime in the future.

CUSTODIAL OBSESSION?

Presently, we have a prison population of over 80,000 inmates. Does this mean we are a very wicked country, or are we sending people to prison more

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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