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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 readily? Williams referred in his paper to a ‘custodial obsession’

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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