Table Of Content

Effciency and Bureaucratisation of Criminal Justice This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and effciency-driven systems, infuenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more effcient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, effciency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure. Ed Johnston is an Associate Professor of Criminal Justice and Procedure at the University of Northampton, UK. Anna Pivaty is Assistant Professor of Criminal Law and Criminology at Radboud University, Nijmegen, the Netherlands. Routledge Contemporary Issues in Criminal Justice and Procedure Ed Johnston is an Associate Professor of Criminal Justice and Procedure at the University of Northampton, UK The Law of Disclosure A Perennial Problem in Criminal Justice Edited by Ed Johnston and Tom Smith Challenges in Criminal Justice Edited by Ed Johnston Probation, Mental Health and Criminal Justice Towards Equivalence Edited by Charlie Brooker and Coral Sirdifeld In Defense of Juveniles Sentenced to Life Legal Representation and Juvenile Criminal Justice Stuti S. Kokkalera Fair Trial Rules of Evidence The Case Law of the European Court of Human Rights Jurkka Jämsä A Recent History of Homicide Investigation Changes and Implications for Criminal Justice in England and Wales Sophie Pike Compensation for Wrongful Convictions A Comparative Perspective Edited by Wojciech Jasiński and Karolina Kremens Effciency and Bureaucratisation of Criminal Justice Global Trends Edited by Ed Johnston and Anna Pivaty See more at https://www .routledge .com /Routledge -Research -in -Legal -History /book- series/ CONTEMPCJP Effciency and Bureaucratisation of Criminal Justice Global Trends Edited by Ed Johnston and Anna Pivaty First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 selection and editorial matter, Ed Johnston and Anna Pivaty; individual chapters, the contributors The right of Ed Johnston and Anna Pivaty to be identifed as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifcation and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-1-032-07585-3 (hbk) ISBN: 978-1-032-07591-4 (pbk) ISBN: 978-1-003-20781-8 (ebk) DOI: 10.4324/9781003207818 Typeset in Galliard by Deanta Global Publishing Services, Chennai, India Contents Acknowledgements vii List of contributors viii Table of Cases xi Table of Legislation xii List of Abbreviations xiv Foreword xv The move towards effciency and managerialism in criminal justice: A global phenomenon 1 ANNA PIVATY AND ED JOHNSTON 1 Judging the offender: French criminal justice culture and the challenges of McDonaldization 16 LAURÈNE SOUBISE 2 New Public Management in the Dutch criminal justice chain: the effects of stratifcation and automation in out-of-court proceedings 34 JOEP LINDEMAN AND NINA HOLVAST 3 Introducing abstaining from prosecution and plea bargaining in Greece: Reforms towards the quest for effciency 55 CHARA CHIONI-CHOTOUMAN 4 Bureaucratising criminal convictions in China 69 ENSHEN LI vi Contents 5 ‘Through the back door’: Defence perspectives on the rise of managerialism at the expense of adversarial justice 88 ED JOHNSTON & TOM SMITH 6 New Public Management and the role of the Dutch trial judge: a critical appraisal of the possible impact 108 ANNA PIVATY AND MARIEKE DUBELAAR 7 Domestic Abuse Cases and Packer’s Conundrum: Managing Risk 129 EMMA FORBES Bibliography 147 Index 159 Acknowledgements Anna would like to thank her family, Bertrand, Léo and Elise, for their support and patience while she was working on this book. She would also like to thank her co-author and colleague Marieke Dubelaar for her wonderful co-oper- ation, as well as her encouragement, her time and her critical comments to the Introduction. Anna would also like to thank the authors for their enthusiasm, confdence and their fantastic contributions. She would also like to thank them for their generous comments on each other’s work, their participation and their helpful comments during the authors’ seminar held on 10 December 2021. Anna would like to thank her colleagues at the Department of Criminal Law and at the Institutions for Confict Resolution programme at Radboud University for giving her space to fnalise this book and their generous endorsement of the result. Finally, she thanks her co-editor Ed for his insights, supportive attitude and his down-to-earth approach, which was crucial for the timely completion of this project. Ed would like to thank his family for their support during the writing and editing of this book. In particular, he would like to thank his partner, Wolfy, for her constant support and encouragement as well as their children, Erin and Jacob. Ed would like to thank the contributors for their excellent submissions to this collection as well as both Alison and Anna at Routledge for their guidance throughout the process. Finally, Ed would like to thank his co-editor, Anna, for her attention to detail and organisation in both recruiting the contributors and editing the book itself. Thank you all. Contributors Chara Chioni-Chotouman obtained her PhD at the Department of Criminal Law and Criminal Procedure at the National and Kapodistrian University of Athens-Law School on Victims’ Rights in Criminal Procedure, for which she received a full merit-based scholarship from the State Scholarships Foundation (I.K.Y). She is currently working as a Lawyer at the NGO ‘Diotima’ provid- ing legal advice and representation to victims of gender-based violence and conducting training on the issue. She has published several articles (in English and Greek) and delivered speeches both in Greece and abroad. She also works as Scientifc Advisor at Hellenic Parliament. Marieke Dubelaar is Professor of Criminal Law and Criminology at the Faculty of Law of Radboud University, Nijmegen (Netherlands), with a special focus on confict resolution. Her research has an interdisciplinary nature and cen- tres upon the role of the judge and the process of truth-fnding in criminal procedure. She has published widely on the topics of evidence, fact-fnding and the role of the judge in the Dutch criminal process. She is a co-lead of the Institution for Confict Resolution, originating from the Dutch National Sector Plan Law. She is also a part-time judge at the Amsterdam Court of Appeal. Emma Forbes is an Assistant Procurator Fiscal with the Crown Offce and Procurator Fiscal Service (COPFS). She completed her PhD with the Scottish Centre for Crime and Justice Research (SCCJR), University of Glasgow. Her thesis explored victims’ experiences of the court process and accessing justice. It included listening to the stories of many women. Emma is a published author and was also awarded a Scottish Justice Fellowship, working with the Scottish Government and SCCJR to translate her research fndings into accessible policy. Nina Holvast is Associate Professor at the Erasmus Law School, Rotterdam University. She is an interdisciplinary researcher, who uses multi-method research methods to study the Law in Action. Her research focusses on courts, judicial decision-making and the legal profession. Holvast has an educational background in law and social science. She completed her doctoral research at Contributors ix the University of Amsterdam. Her dissertation explored the role of judicial assistants in judicial decision-making. Ed Johnston is Associate Professor of Criminal Justice and Procedure at the University of Northampton, UK. His research interests and teaching lay in the feld of criminal justice. He has published a number of books as a sole author, editor and co-author. He is widely published in the feld of criminal justice, with a particular focus on issues with law disclosure in England and Wales. His articles have appeared in the Criminal Law Review, the International Journal of Evidence and Proof and the Journal of Criminal Law. Ed has given training to the Judicial College and spoken at home and abroad about issues in the criminal justice system. Ed is the Head of the Criminal Justice Research Group at the University of Northampton, UK. Enshen Li is Senior Lecturer at the TC Beirne School of Law, The University of Queensland, Australia. His research interests lie in the felds of comparative criminal justice, theoretical criminology and socio-legal studies of punishment. He specialises in the Chinese criminal justice and penal system and their implications for culture and society. Dr Li has published extensively in the leading law and criminology journals, including the British Journal of Criminology, Law and Social Inquiry, Social & Legal Studies, Columbia Journal of Asian Law and Terrorism and Political Violence. He has also published a book on the development and evolution of punishment in Contemporary China with Routledge (2018). Joep Lindeman is Associate Professor in criminal law and criminal procedure at the Willem Pompe Institute for Criminal Law and Criminology, Utrecht University, Netherlands. He is affliated with the Montaigne Centre for Rule of Law and Administration of justice and is also a member of the core team of that centre. His research focus lies in Criminal Procedure and judicial organisation, both in the Netherlands and abroad, with interests also in substan- tive criminal law, white collar crime and European criminal law. His doctoral dissertation was participant observation research into the role of the Dutch Public Prosecution Service in criminal proceedings. Anna Pivaty is Assistant Professor of Criminal Law and Criminology at the Faculty of Law of Radboud University, Nijmegen, Netherlands. She is also a researcher at the Institution for Confict Resolution, originating from the Dutch National Sector Plan Law. She researches on and teaches European and comparative criminal procedure, human rights in the criminal process and empirical research methodologies in law. Her research has a distinct interdisciplinary and socio-legal focus. In the past, her research focused upon the role of legal representatives in the criminal process and defence rights in EU criminal proceedings. She has published both nationally (in the Netherlands) and internationally on these topics. Currently her research focuses on the impacts of managerialisation and digitalisation on European criminal justice systems,