Criminal justice and devolution
How coronavirus affected the UK’s devolved criminal justice system
Coronavirus act 2020- 23rd/ 24th march
Provisions were subject to the Sewel convention
Supported use of video links in trials
Extended to Northern Ireland but not Scotland
Scotland first tired without juries and time limits
These rules were removed due to political/ legal criticism
Jury trials returned 18th May 2020 in England/ wales- Scotland in July
Why there are separate justice systems in the UK
UK formed in 1707- Scotland kept own CJS (court system, police and prosecution
service, prison and social work services)
Wales= unified legal jurisdiction with England since 1535 and 1542 during henry 8 th
reign
National assembly of wales in 1999 produced body of distinct welsh law since
powers of assembly were expanded in 2007- lead to creation of separate welsh legal
jurisdiction
Government of Ireland act 1920 created separate legal system in Northern Ireland-
followed by establishment of parliament of Northern Ireland at Stormont
Stormont parliament was suspended in 1971- Westminster had rule over Northern
Ireland until Northern Ireland assembly in 1999 following good Friday agreement
When and how policing and criminal justice powers were devolved to Northern Ireland
Powers transferred to Northern Ireland assembly in 2010 as devolution of these
powers needed cross community consent
Police reform was major hurdle to reaching cross community consent
Royal ulster constabulary was regarded by nationalists and representing the
unionists
Its replacement in 2001 by the police service of Northern Ireland established cross
community trust
What criminal justice powers the devolved legislatures have
Powers reserved for Westminster include counterterrorism, firearms, extradition,
misuse of drugs, legal safeguards for human rights
Scotland all aspects of justice system were devolved in 1999 apart from a few
exceptions- further legislation led to devolution of drink drive alcohol limit in 2012
and railway policing in 2016
Northern Irelands devolution settlement reserved some powers for Westminster-
separating prisoners, safety and good order, security of explosives
Responsibility for the police, courts, prisons and probation in wales rests with UK
parliament
Senedd in wales can make laws in devolved areas but these are part of the general
law of England and wales
How coronavirus affected the UK’s devolved criminal justice system
Coronavirus act 2020- 23rd/ 24th march
Provisions were subject to the Sewel convention
Supported use of video links in trials
Extended to Northern Ireland but not Scotland
Scotland first tired without juries and time limits
These rules were removed due to political/ legal criticism
Jury trials returned 18th May 2020 in England/ wales- Scotland in July
Why there are separate justice systems in the UK
UK formed in 1707- Scotland kept own CJS (court system, police and prosecution
service, prison and social work services)
Wales= unified legal jurisdiction with England since 1535 and 1542 during henry 8 th
reign
National assembly of wales in 1999 produced body of distinct welsh law since
powers of assembly were expanded in 2007- lead to creation of separate welsh legal
jurisdiction
Government of Ireland act 1920 created separate legal system in Northern Ireland-
followed by establishment of parliament of Northern Ireland at Stormont
Stormont parliament was suspended in 1971- Westminster had rule over Northern
Ireland until Northern Ireland assembly in 1999 following good Friday agreement
When and how policing and criminal justice powers were devolved to Northern Ireland
Powers transferred to Northern Ireland assembly in 2010 as devolution of these
powers needed cross community consent
Police reform was major hurdle to reaching cross community consent
Royal ulster constabulary was regarded by nationalists and representing the
unionists
Its replacement in 2001 by the police service of Northern Ireland established cross
community trust
What criminal justice powers the devolved legislatures have
Powers reserved for Westminster include counterterrorism, firearms, extradition,
misuse of drugs, legal safeguards for human rights
Scotland all aspects of justice system were devolved in 1999 apart from a few
exceptions- further legislation led to devolution of drink drive alcohol limit in 2012
and railway policing in 2016
Northern Irelands devolution settlement reserved some powers for Westminster-
separating prisoners, safety and good order, security of explosives
Responsibility for the police, courts, prisons and probation in wales rests with UK
parliament
Senedd in wales can make laws in devolved areas but these are part of the general
law of England and wales
