Justice and Jurisdiction

In September 2017, the Welsh Government announced a Commission of Justice in Wales, to be led by Lord Thomas of Cwmgeidd. The Commission seeks to examine how the justice system works in, and for, Wales since devolution in 1999, and to investigate the possibility of establishing a Welsh legal jurisdiction. This project seeks to shadow, and contribute, to the work of the Commission. It builds directly upon work led by Cardiff University's Wales Governance Centre in relation to the Silk Commission process and the subsequent 2014 and 2017 Wales Acts.

The project will consider: how justice is delivered at the "jagged edge", the point at which the non-devolved justice functions interact with the devolved areas of social policy; the challenges associated with devolving matters relating to policing, the courts, probation services, and prisons, as well as the opportunities for developing a justice system attuned to the distinctive needs of Wales; the fiscal implications for the Welsh budget as well as the wider economic implications for Wales.

The "jagged edge" is the first strand of the project. Building on Dr Robert Jones' work on the prison service in Wales, the first strand of the project seeks to address the complicated relationship between the non-devolved justice functions and the devolved policies that it underpins. Focus groups will draw together professionals and practitioners to explore the practicalities and opportunities of an independent judicial system for Wales.

The second strand of the project looks explore the examples of international best practice and consider how innovative justice models and initiatives could deliver for Wales. This will draw upon research into criminal justice in Scotland, as well as developments in Northern Ireland since 2010.

The final strand considers the economic impacts of reform, both in terms of the Welsh Budget and the wider Welsh economy. Drawing on expertise within the Welsh Governance Centre, the team will consider current spending on justice (across the jagged edge), the cost of the current "legal economy" in Wales, and estimate the likely cost of establishing a distinct legal jurisdiction for Wales. This work will be informed by similar studies into Scotland and Northern Ireland, as well as other relevant examples.

Based on the track-record of previous Wales Governance Centre projects in this area - work funded by JRCT, Nuffield and the ESRC - we are confident that the research will benefit both professional and non-academic audiences.

These audiences include, but are not limited to:
- The Commission on Justice in Wales, which is currently examining the operation of the justice system under the leadership of the former Lord Chief Justice, Lord Thomas;
- Welsh Government Ministers and civil servants, who as well as having extensive responsibility for public policy in Wales, also undertake various justice-related functions;
- The UK Government, Welsh MPs and others at Westminster who have responsibility for the operation of the justice system in Wales;
- The legal community in Wales, specifically those individuals, companies and organisations with an interest in the future of the legal system in Wales;
- The community of interest groups and civil society organisations interested in the development of Welsh devolution;
- The Welsh political community in and around the National Assembly, including Assembly Members, political parties and the media;
- The general public, particularly groups, campaigners and individuals (in Wales and beyond) engaged in issues around crime, rehabilitation and the prisons system.

These audiences will benefit from the project outputs all of which will be widely disseminated. There will also be ample opportunities to interact with our research and researchers through the diverse programme of activities outlined in our Pathways to Impact document. The project activities include:
- Specialised activity such as Workshops and Focus Groups, to include participants from other UK jurisdictions;
- A high-profile Conference engaging as many of our audiences and beneficiaries as possible;
- Public facing events which will be especially useful in reaching audiences in the Welsh political community and civil society. These will include professional report launches where we will explain the findings of our research and their potential implications;
- Online activity and dissemination of information on social media using the Governance Centre's already-extensive 'reach' which will aim to foster wide discussion of our work. This will not just include promotion of our published reports themselves, but related articles and blog posts;
- Bespoke briefings for very senior figures in the Welsh and UK (and indeed, Scottish) Governments as well as the England and Wales judiciary. We already have extensive experience of providing these and will actively seek to promote the findings of the project through this means.

Our audiences will also interact with our research through the news media, where we will utilise the WGC and Cardiff University's extensive links to facilitate the widest possible discussion of the issues with which the project is engaged, in order to promote and inform the emerging public debate about justice policy in Wales. We are proud of the way that previous WGC work on apparently complicated or abstruse matters - public finance, devolved taxation, proposals for changes to devolved competences, etc. - have received extensive media coverage (in Wales, in particular) as a result of careful efforts to brief relevant journalists and their editors. This experience will stand us in good stead in the context of the proposed work.

Through these various activities, not only at the culmination of the project but, vitally, during its lifespan, the project's audiences and beneficiaries will be equipped with a body of path-breaking, high-quality research that will help catalyse and inform wider political and public debate about the current operation of the justice system in Wales and possible future trajectories. Given the potentially far-reaching implications of the work of the Commission on Justice in Wales, we believe that it is imperative that academic research is at the heart of this debate.