Criminal Justice Act 1987

Criminal Justice Act 1987
source
Title	Criminal Justice Act 1987
Enacted by	Parliament of the United Kingdom
Territorial extent	England and Wales
Royal assent	1987
Status	Current

Criminal Justice Act 1987 The Criminal Justice Act 1987 is an Act of the Parliament of the United Kingdom enacted during the Margaret Thatcher ministry to reform aspects of criminal procedure and sentencing in England and Wales. The Act introduced measures affecting evidence, sentencing powers, and court administration that interacted with existing statutes such as the Criminal Justice Act 1988, the Police and Criminal Evidence Act 1984, and the Magistrates' Courts Act 1980. Its provisions have been interpreted in decisions by appellate bodies including the House of Lords (judicial role), the Supreme Court of the United Kingdom, and the Court of Appeal (England and Wales).

Background and Legislative Context

The Act was introduced amid debates in the House of Commons and the House of Lords over crime rates during the 1980s, contemporaneous with legislation like the Criminal Law Act 1977 and reforms prompted by inquiries such as the Royal Commission on Criminal Justice. Ministers from the Home Office and shadow portfolios in the Conservative Party (UK) and the Labour Party (UK) advanced competing amendments, and the measure was considered alongside debates on policing by the Metropolitan Police Service and sentencing policy influenced by reports from the Sentencing Advisory Panel and the Parole Board for England and Wales. The Act’s passage reflected political pressures from constituencies represented by MPs such as Michael Howard and critics in organizations like Liberty (organisation).

Key Provisions

The Act created and modified statutory mechanisms affecting trial procedure, admissibility, and sentencing. Provisions altered evidential rules applied by judges drawn from the Judicial Office (England and Wales) and were applied in courts including the Crown Court (England and Wales) and tribunals overseen by the Ministry of Justice (United Kingdom). Clauses intersected with property and theft statutes influenced by the Theft Act 1968 and Offences against the Person Act 1861. The Act conferred powers used by prosecuting authorities like the Crown Prosecution Service and investigative agencies such as the National Crime Agency and local Chief Constable offices. It amended sentencing frameworks later considered by bodies such as the Sentencing Council for England and Wales and implemented measures that affected custodial institutions operated by Her Majesty's Prison Service and monitored by the Independent Monitoring Board.

Amendments and Subsequent Case Law

Later statutes including the Criminal Justice Act 1991, the Police Reform Act 2002, and the Human Rights Act 1998 influenced the scope and interpretation of the 1987 Act. Appellate rulings in cases heard by the European Court of Human Rights and domestic appeals in the Court of Appeal (Criminal Division) and the Supreme Court of the United Kingdom refined legal tests under the Act. Jurisprudence from judges such as Lord Woolf and Lord Bingham of Cornhill addressed evidentiary and procedural questions, with precedents cited in judgments involving parties represented by firms like Doughty Street Chambers and litigants before panels chaired by Lady Justices and Lords Justices. Sentencing principles articulated in decisions influenced statutory application in regional circuits including the North Eastern Circuit and the Western Circuit.

Implementation and Impact

Implementation involved coordination between government departments such as the Home Office and agencies including the Crown Prosecution Service and the National Police Chiefs' Council. The Act’s operational impact was assessed in studies by academic centres like the Institute of Criminology (University of Cambridge) and the Centre for Crime and Justice Studies, and in reports from watchdogs such as Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services and the Criminal Cases Review Commission. Its measures influenced sentencing trends observed in data compiled by the Office for National Statistics and discussion in legal periodicals such as the Criminal Law Review and the Modern Law Review. Implementation affected training curricula at institutions including the Judicial College and advocacy taught at law schools such as University College London and the University of Oxford.

Controversies and Criticism

Criticism arose from civil liberties advocates like Liberty (organisation) and commentators in outlets including the Guardian and the Times (London), who argued that elements of the Act risked impacting defendants’ rights as protected under the European Convention on Human Rights. Debate involved trade unions including the National Union of Journalists and stakeholders such as the Prison Reform Trust, and attracted analysis from academics at the London School of Economics and the University of Cambridge. High-profile cases reaching appellate courts intensified scrutiny from political figures across parties including the Liberal Democrats (UK) and led to calls for reform echoed by campaign groups such as Justice (organisation).

Category:Acts of the Parliament of the United Kingdom 1987