Legal and Criminal Justice


Over the years the General Synod has debated a number of questions in this area.

OBSCENITY/PORNOGRAPHY

In November 1971 the Synod commended to diocesan and deanery synods for discussion the report of the Board for Social Responsibility, Obscene Publications: Law and Practice and the following motion was carried:

‘That this Synod affirms its belief in the principle of control of obscene publications, obscenity on the stage or in films by the law of the land’.

In July 1997 the General Synod debated a Private Member’s Motion on Standards of Morality and Decency in the Media. The text of the Motion carried was as follows:

‘That this Synod, recognising the significant role played by press, radio and television in shaping opinions and values in today’s society:

  1. record its appreciation for the many occasions when the media have been used positively to educate, entertain and alert the public to abuses of power and to engender active compassion in times of great human tragedy;
  2. note with concern the possibilities for lower standards as new technology and other factors are likely to create greatly increased ouput and competition;
  3. express its alarm and dismay at the number of instances when blasphemy, violence, bad language, casual sex and the invasion of privacy are presented as entertainment -believing this to have an eroding effect upon public standards of morality; and,
  4. seek assurance from Her Majesty’s Government that such matters are being constantly monitored with a view to possible legislation should self-regulation within the media prove ineffective.’

 

BLASPHEMY

At the end of a debate in February 1977 concerned with blasphemy during broadcast programmes the following motion was carried:

‘That this Synod reaffirms its faith in Jesus Christ as Lord by using its influence to remind the BBC and the independent television companies of the grave offence that is caused by their repeatedly allowing His Name to be dishonoured on broadcast programmes.’

 

THE MANDATORY LIFE SENTENCE

The Synod debated a report , The text of the Motion was as follows:

‘That this Synod recognise that the system of mandatory life sentences gives rise to many injustices and therefore recommends that the penalty for murder should be a maximum of imprisonment for life’.

 

CAPITAL PUNISHMENT

In July 1983 the General Synod debated capital punishment and the following motion was carried:

‘That this Synod would deplore the reintroduction of capital punishment into the United Kingdom sentencing policy.’

This subject has not been debated by Synod since 1983.

 

CRIMINAL JUSTICE

In February 1979 the General Synod took note of a report prepared by the Board for Social Responsibility entitled Prisons and Prisoners in England Today.

In January 1991 the Board for Social Responsibility published Crime, Justice and the Demands of the Gospel which covered a wide range of issues currently facing the criminal justice system and which was debated in the General Synod that same month. At the end of the debate it was resolved that:

‘This Synod:

  1. welcome Her Majesty’s Government’s acknowledgement of the ineffectiveness of custody in dealing with much offending behaviour and its determination to secure greater use of non-custodial sentences by the courts;
  2. express concern at the size of the prison population and the associated poor conditions and regime of many local prisons and at the lack of alternatives to custody for mentally disordered offenders and call on the Government to improve remedial facilities in all prisons;
  3. urge Her Majesty’s Government to accept amendments to the Criminal Justice Bill which would prohibit by statute racial discrimination within the criminal justice system;
  4. ask that the reasons for the disproportionately large number of black people in prison be investigated and appropriate measures taken;
  5. affirm the valuable ministry of all Christians working within the criminal justice system and those in the Prison Service Chaplaincy;
  6. commend the development of local penal affairs groups as an important contribution to social responsibility within the Church and the wider community;
  7. encourage the continuing study of those theological and biblical principles which should lie at the root of any penal system commended by the Church’.

In 1992 the Board provided evidence to the Royal Commission on Criminal Justice. The Commission, chaired by Lord Runciman, was set up in response to a series of well-publicised miscarriages of justice which came to light at the end of the 1980s. In its Submission of the Church of England Board for Social Responsibility to the Royal Commission on Criminal Justice (published as GS Misc 385, available from Church House Bookshop) the Board argued that:

‘Unsafe convictions are the mark of a failing criminal justice system, but so too, it must be said, are crimes which go unsolved or criminals who remain unapprehended or systematically elude being fairly punished ... a criminal justice system must not only be merciful, but should also exhibit that exercise of mercy against a background of fundamental justice in which a delicate balance is maintained against competing self-interests and rival moral claims’.

More specifically the Board made a number of practical suggestions in the following areas: policing, crime prevention and detection, police interviews, diversion from court proceedings, prosecution, pre-trial arrangements, forensic evidence and the role of experts, trial by jury, court proceedings, disclosures, verdicts, appeal system and retrials.

The Board made a number of submissions to the Home Office during the reform of the criminal justice system from 1997-2000. In October 1997, it published a response to Getting to Grips with Crime. In November 1997 a response to Tackling Youth Crime and a response to New National and Local Focus on Youth Crime; in March 1998 a response to No More Excuses; and in December 1998 a response to Joining Forces to Protect the Public: Prisons-Probation.

The board also published Private Sector Involvement in Prisons (available from Church House Publishing) in 1996 and Young People and Crime. In November 1999 the Board published Prisons: A Study in Vulnerability (also available from Church House Publishing). This was debated in General Synod the same month. At the end of the debate it was resolved:

‘That this Synod

  1. welcome Her Majesty’s Government’s commitment to the development of restorative justice programmes which enshrine the biblical principles of holding offenders responsible for their crimes, addressing the needs of victims, and enhancing the protection of the public;
  2. welcome efforts to prevent 15 and 16 year olds being remanded into prison custody by offering constructive alternatives in the community;
  3. note the continuing public concern about the effect of crime in our communities;
  4. record its unease at the disproportionate number of black offenders in our prisons, and welcome initiatives to eradicate racism throughout the judicial and penal system;
  5. request Her Majesty’s Government to reassess the situation whereby mentally ill people are often held in prison when they would be better treated in a secure hospital environment;
  6. recognise the need to reintegrate offenders into the community through prison and community based programmes and in partnership with employment and accommodation schemes;
  7. affirm the role of prison staff, chaplains, Boards of Visitors and volunteers and the part they play in supporting the families of people in prison; and
  8. urge dioceses, deaneries and parishes to promote the study of Prisons: A Study in Vulnerability (GS Misc 557) through criminal justice groups and other means.’

Further information and resources:

Howard League for Penal Reform

NACRO (National Association for the Care and Resettlement of Offenders), 169 Clapham Road, London SW9 OPU

National Association of Voluntary Hostels, 33 Long Acre, London WC2

RAP (Radical Alternatives to Prison), 21 Atwood Road, London W6

Prison Reform Trust, 59 Caledonian Road, London N1 9BU

For information on Elizabeth Fry please contact: http://www.quaker.org.uk

 

SEX OFFENCES

The Board for Social Responsibility has also responded to the Home Office proposals on sex offenders. It made submissions in June 1996 on the sentencing and supervision of sex offenders and in January 1997 it responded to a consultation paper on banning sex offenders to work with children

SUNDAY TRADING

The Board for Social Responsibility has considered the issue of Sunday Trading on several occasions since the early 1960s, most notably in response to the Crathorne and Auld Reports. The General Synod debated the subject in July 1985 and February 1986 in connection with the Shops Bill 1986 which sought to introduce total deregulation as recommended by the Auld Committee of Inquiry. The Shops Bill 1986 was defeated in the House of Commons on its Second Reading despite the imposition of a three-line whip and a Government majority at that time of over a hundred.

The Synod returned to the subject in February 1988, July 1989, and February 1993. This last debate was accompanied by a background paper Sunday Trading (GS 1048),. The latter gave a full account of the history of parliamentary attempts at reforming the Shops Act 1950. It also considered a wide range of practical concerns and attempted to place them within a wider historical and theological framework.

The following motion was carried unanimously by the General Synod at the February 1993 Group of Sessions:

‘That this Synod affirms the importance of Sunday as a day for spiritual renewal, rest and recreation and for the nurturing of family life. It deplores the deliberate flouting of the law governing Sunday trade by powerful commercial interests. Believing that any reform of the law governing trading on Sunday ought to preserve in a distinct and public way the special character of this day, it considers that this can be achieved by

  1. substantially limiting the overall level of commercial activity on Sundays through clear and enforceable legislation which controls retailing first according to type of shop and secondly according to hours of opening;
  2. protecting by statute the existing and future rights of employees in retailing who, in conscience, choose not to work on Sundays;
  3. ensuring that those who do choose to work on Sundays in the retail sector are properly remunerated’.


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