Preventive Justice and the Power of Policy Transfer

270 Pages·2015·3.179 MB·English

by  James Thomas Ogg (auth.)

Preventive Justice and the Power of Policy Transfer
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Preventive Justice and
the Power of Policy
Transfer
James Thomas Ogg
© James Thomas Ogg 2015
Softcover reprint of the hardcover 1st edition 2015 978-1-137-49501-3
All rights reserved. No reproduction, copy or transmission of this
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in accordance with the Copyright, Designs and Patents Act 1988.
First published 2015 by
PALGRAVE MACMILLAN
Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited,
registered in England, company number 785998, of Houndmills,
Basingstoke, Hampshire RG21 6XS.
Palgrave Macmillan in the US is a division of St Martin’s Press LLC,
175 Fifth Avenue, New York, NY 10010.
Palgrave Macmillan is the global academic imprint of the above companies
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Palgrave® and Macmillan® are registered trademarks in the United States,
the United Kingdom, Europe and other countries.
ISBN 978-1-349-69745-8 ISBN 978-1-137-49502-0 (eBook)
DOI 10.1007/978-1-137-49502-0
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For my parents, Sue and Alan
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Contents
List of Figures x
List of Statutes xi
List of Cases xiii
Acknowledgements xiv
List of Abbreviations xv
1 Introduction 1
Part I 7
2 ‘Serious’ Shifts in Organised Crime Control 9
2.1 History of responses to organised crime in the UK 11
2.2 The Serious Crime Prevention Order 13
2.3 Organised crime, serious crime, serious organised
crime, or any crime? 15
2.3.1 Any crime? 19
2.4 Reactionary and regulatory responses to
organised crime 23
2.5 Pre hoc approaches 25
3 A State of Prevention 29
3.1 The preventive state, pre-emptive turn, and
preventive justice 30
3.2 Conceptualising the interventions of a preventive state 34
3.2.1 Preventive detention and the imprisonment
for public protection order 37
3.3 Historical role of prevention 39
3.4 Preventive ideology and blurred notions of
criminal justice 44
3.4.1 Prevention and civil law: A marriage
of convenience 44
3.4.2 Retribution in a state of prevention 48
viii Contents
3.5 The preventive state: Encompassing new conceptions
of criminal justice 54
3.5.1 Prevention and security 55
3.5.2 Prevention and risk 59
3.5.3 Prevention and regulation 64
4 Policy Transfer and Everyday Policy-Making 67
4.1 The criminologist as policy analyst 68
4.2 The legislative process 72
4.2.1 The gestation period: Early formulation of policy 73
4.2.2 Drafting and handling 77
4.2.3 Policy actors and a policy community 78
4.3 Developing a policy transfer framework 82
4.3.1 Policy transfer 83
4.3.2 Policy diffusion and ‘policy isomorphism’ 87
4.3.3 Policy convergence 89
4.3.4 Lesson-drawing 90
4.3.5 Domestic policy transfer? 93
4.3.6 Rational policy-making cycles and the search
for alternatives 94
Part II 99
5 Process-Tracing: Case Study and Method 101
5.1 Case selection: Why the SCPO? 101
5.2 The case study and process-tracing approach 103
5.3 Two methods of data collection 106
5.3.1 Documentary analysis 106
5.3.2 Elite interviewing 112
6 The Proliferation of the Preventive Order Model 127
6.1 A civil order for organised crime control:
The international context 128
6.2 Ordering the prevention of crime: The domestic
context 130
6.3 Subtle precedents: Broadening the statutory
provisions of the preventive order model 133
6.3.1 Alcohol-related violence 134
6.3.2 Football-related violence 135
6.3.3 Anti-social behaviour and harassment 136
6.3.4 Sexual offences and molestation 137
6.3.5 Serious crimes (financial crime, organised
crime, and terrorism) 139
Contents ix
6.4 Key trends: Broadening the scope of preventive orders 142
6.4.1 Trend 1: Criminal to civil procedure 142
6.4.2 Trend 2: Consummate to remote harms 143
6.4.3 Trend 3: Specific to general protective
purpose 145
6.4.4 Three final trends: Companies, duration,
and penalty 145
6.4.5 Narrowing trends? 147
7 Policy Analysis: Elite Interviews and Early Policy Documents 151
7.1 Policy development timeline: The SCPO 152
7.2 The preventive order model and transfer 162
7.2.1 Recognition of the family of preventive
orders and the prominence of the ASBO 162
7.2.2 Indirect transfer: Iteration, osmosis, and
employee transfer 167
7.2.3 Direct transfer of ideas 173
7.2.4 Direct transfer by the bill-team and
home office officials 177
7.2.5 Direct legal transfer 180
7.3 Intentions of decision-makers: The preventive
order model 183
7.3.1 Reforming criminal justice 185
8 The Power of Policy Transfer 197
8.1 Specific responses to research questions 205
8.2 Implications and key contributions 206
8.3 Concluding statement 209
Appendices 211
Appendix ‘A’: Summary of the ways SCPOs have been used 211
Appendix ‘B’: Parliamentary process 214
Appendix ‘C’: Example of interview transcript
with indicative questions 215
Notes 219
References 231
Index 241