Regulating criminal justice: the role of procedural justice and legitimacy in the inspection of probation in England and Wales

PHILLIPS, Jake (2023). Regulating criminal justice: the role of procedural justice and legitimacy in the inspection of probation in England and Wales. Punishment and Society: the international journal of penology, 26 (2), 283-303.

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Official URL: https://journals.sagepub.com/doi/10.1177/146247452...
Open Access URL: https://journals.sagepub.com/doi/epdf/10.1177/1462... (Published)
Link to published version:: https://doi.org/10.1177/14624745231211292

Abstract

Criminal justice institutions are held to account in a number of ways yet there is limited knowledge as to how these systems of regulation function. One primary method for regulating systems of punishment is through the use of independent inspectorates, yet very little empirical research has explored how inspectorates engage with the organisations they inspect nor how inspection is received by inspected organisations. Procedural justice theory has been used to understand compliance with laws. It can also shed light on compliance with systems of accountability, although there is a dearth of research in this area. Thus, our understanding of how regulation works in situ is limited. This article uses procedural justice theory to analyse data that were collected in England and Wales to explore how His Majesty's Inspectorate of Probation garners legitimacy from those it inspects. The article suggests that the Inspectorate is seen to be trustworthy and impartial, treats people with respect and provides them with a voice although there is variance between groups. The article contributes to (1) our understanding of how regulation works in the field of probation and (2) procedural justice theory by exposing the mechanisms that underpin compliance with regulatory regimes in institutional settings.

Item Type: Article
Uncontrolled Keywords: 1602 Criminology; 1801 Law; Criminology; 4402 Criminology; 4804 Law in context; 4805 Legal systems
Identification Number: https://doi.org/10.1177/14624745231211292
Page Range: 283-303
SWORD Depositor: Symplectic Elements
Depositing User: Symplectic Elements
Date Deposited: 06 Oct 2023 15:15
Last Modified: 10 Apr 2024 10:30
URI: https://shura.shu.ac.uk/id/eprint/32521

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