Trust in justice: mapping public attitudes towards the police and other legal institutions and how these findings have changed EU and UK policy.
Submitting Institution
Birkbeck CollegeUnit of Assessment
LawSummary Impact Type
LegalResearch Subject Area(s)
Studies In Human Society: Criminology, Policy and Administration
Law and Legal Studies: Law
Summary of the impact
This case describes research by Professor Mike Hough and Dr Mai Sato into
public trust in the police and courts across Europe. The research has
aimed to persuade policy makers and other stakeholders that fairness is
not simply a desirable feature of justice systems, but a precondition for
effective justice, and that institutional legitimacy is key to justice
policy. It has influenced the operational strategies of the Metropolitan
Police; and been disseminated by invitation to senior staff from Cabinet
Office, Home Office, Ministry of Justice (MoJ) and Office of National
Statistics (ONS). It has also featured in the broadcast media and the
national press.
Underpinning research
Professor Hough has been director of the Institute for Criminal Policy
Research (ICPR) since 1994; and the Institute has been part of Birkbeck
since October 2010. In 2009 ICPR (in partnership with LSE and Oxford
University amongst others) bid successfully to design a questionnaire
module within the fifth European Social Survey (ESS), to test various
hypotheses relating to `procedural justice theory'. Overall funding for
the ESS (from the EU and national research councils) includes provision
for intermittent modules designed by academics who compete for space on
the questionnaire. The ICPR developmental work and analysis were
part-funded by two EU FP7 grants. Fieldwork was undertaken in late 2010
and results were analysed by ICPR, LSE and Oxford from Autumn 2011
onwards. Hough co-designed the questionnaire module; but it is the
analysis undertaken by Hough & Sato, and the impact of the new
knowledge they generated (published as 3.1 - 3.5 below) which is
considered in this case.
This research has, more than any other criminological project, shifted
police and judicial legitimacy to the centre of criminal policy
preoccupations in the UK. Previously, there was no systematic UK — or
indeed European — test of procedural justice theory, and it was unclear to
what extent US evidence was applicable across the Atlantic. This research
has both developed and extended procedural justice theory, and
demonstrated that its basic ideas are applicable across Europe.
The research systematically explored concepts of public trust in justice,
public perceptions of the legitimacy of the police and the courts, and
public compliance and co-operation with the law. Analysis of the results
led to benchmarking of countries on dimensions of trust in justice and
perceived legitimacy. These `league tables' show the UK falling into the
middle quartiles on most measures, better than most ex-Soviet Bloc states,
but worse than Nordic countries and other European neighbours.
The significance of this research lies in its exploration of the
relationships between different forms of trust, public perceptions of
legitimacy and compliance and co-operation. For example, trust in police
fairness is a better predictor of police legitimacy than trust in police
competence. This has important implications for police forces in how they
should manage their relations with those they police. The police can
easily squander their legitimacy by high-handed, unfair or disrespectful
treatment.
The research demonstrates that if justice systems treat people fairly,
legally and respectfully, they build their legitimacy, and secure
compliance and co-operation.
The key member of ICPR staff on this project was Professor Mike Hough
with contributions from Dr Mai Sato (Research Fellow). Key academics from
partner institutions have been Dr Jon Jackson (LSE) and Dr Ben Bradford
(Oxford). Other contributors include Dr Jouni Kuha (LSE) and Dr Katrin
Hohl (now at City University). Mike Hough has been the member of the team
who has been most heavily engaged in developing policy implications and in
knowledge transfer work.
References to the research
3.1 Jackson, J., Hough, Mike; Bradford, B., Pooler, T., Hohl, K. and
Kuha, J. (2011) Trust in
justice: topline results from round 5 of the European Social Survey.
Project Report. European Social Survey, London, UK. Bidding for space on
the ESS is a highly competitive peer-reviewed process — sixteen bids from
universities across Europe were made for the fifth ESS; out of which Trust
in Justice and one other were accepted.
3.2 Jackson, J., Hough, Mike, Bradford, B., Hohl, K. and Kuha, J. (2012)
Policing by consent:
understanding the dynamics of police power and legitimacy. Project
Report. European Social Survey, London, UK.
3.3 Jackson, J., Bradford, B., Hough, Mike, Myhill, A., Quinton, P. and
Tyler, T.R. (2012) Why do people
comply with the law? Legitimacy and the influence of legal institutions.
British Journal of Criminology. A peer reviewed journal. http://dx.doi.org/10.1093/bjc/azs032
3.5 Hough, M., Jackson, J. and Bradford, B. (2013) `Trust in justice and
the legitimacy of legal authorities: topline findings from a European
comparative study' in Body-Gendrot, S., Hough, M., Levy, R., Kerezsi, K.
and Snacken, S. (2013) Routledge
Handbook of European Criminology (edited volume).
London: Routledge.
Details of the impact
Key consumers of this research have included senior figures in the police
and judiciary; policy officials and researchers in both spending
departments and the Cabinet Office; the National Audit Office; and
politicians. Professor Hough has presented his findings more than twenty
times since November 2011 to date. HMIC, the College of Policing and IPCC
were targeted with early results, and newsprint and broadcast media were
used to publicise the study.
Findings have been presented, by invitation, at the Cabinet Office, and
the Ministry of Justice. Interest has been further stimulated via the NAO
recommendation in February 2012 (see 5.7) that the House of Commons
Justice Committee and the MoJ should "watch carefully for further
publications" from the team.
An ESRC impact study on the ESS (see 5.6) states that the main pathway to
impact for this work was the researchers' exploitation of a "broad
network of contacts within government and the police service" (pg.
59). ICPR has interacted with key policy networks since its inception, and
the existence of these dissemination channels and ICPR's track record in
policy-oriented research has facilitated engagement with these
stakeholders.
The ESRC study (5.6) also confirms that the findings from this research
have fed into current policy development in the area of Criminal Justice
Reform (pp. 60-61).
International impact: The ESS trust in justice module
(co-designed by Hough) has been replicated elsewhere — by academics in the
US, South Africa and Japan, by an EU/UNDP project in Turkey and in Albania
(funded by the Swedish government). The module was co-designed by Hough.
The work in Japan, Turkey and Albania was led by Hough and Sato.
Contribution to policy making (international): Hough has
disseminated results to senior EU officials via presentations to the
European Network of Councils for the Judiciary; and (several times) to the
Centre for European Studies (CEPS). CEPS is a policy think-tank providing
research and activities on economic and international policy matters to
the European Parliament's Committee on Civil Liberties, Justice and Home
Affairs (LIBE). CEPS specifically invited Hough to address the
implications of the survey results for criminal justice policy.
Contribution to policy making (national): The National
Audit Office (NAO) has kept a watching brief on the project, given its
role of encouraging efficiency, effectiveness and evidence-based
decision-making in government. The NAO commended this research
(specifically 3.1) advising that it was "interesting from a value for
money perspective", since increasing the legitimacy of the criminal
justice system could contribute to crime reduction. See 5.7 below.
Stakeholders alerted by Hough to this research include:
- Ministry of Justice. MoJ's Analytical Services team commissioned Hough
et al to combine trust in justice findings (3.1) with data from the
Crime Survey for England and Wales, to produce the report Attitudes
to Sentencing and Trust in Justice, 2013 (5.9). This aimed to
stimulate policy colleagues in the MoJ to consider how people think
about trust in criminal justice, and included practical policy
suggestions as well such evidence, analysis and explanation of the
relevance of procedural justice theory. Integrating the two data sets
was informative (as 5.2 can comment) resulting in a better understanding
of how confidence in the judicial system is related to willingness to
co-operate with legal authorities. The addition of 3.1 findings also
enabled a comparison of the UK with other European countries, resulting
in the conclusion that there was "room for improvement in UK levels of
trust and confidence in the criminal justice system" (pg. 55). The MoJ
confirm in the ESRC case study of the ESS (5.6) that the findings on
trust in justice have fed into current policy development in the area of
Criminal Justice Reform.
- Other government departments. Hough also formally disseminated the
trust in justice findings 3.1 to Home Office staff, and the then
Minister for Police and Criminal Justice Nick Herbert (via a series of
meetings). He also presented 3.1 findings to other relevant central
government policy makers at a HM Treasury seminar for policymakers in
October 2012.
- HM Inspectorate of Constabulary. Hough provided advice with respect to
police legitimacy (research published as 3.2 & 3.3) for two reports,
the 2013 review of Stop and Search Powers (specifically on the
methodology and focus of the review, see 5.5); and the 2011 Without
Fear or Favour: A review of police relationships (5.10). He also
changed HMIC's awareness of how sensitively the public interpreted
everyday police behaviour — prompting HMIC's realisation that the public
employed a more sensitive radar on these issues than HMIC had previously
assumed. The ESS findings also led directly to two recommendations from
the then Chief Inspector of Constabulary —that training courses for
officers should include "appropriate input in relation to integrity and
anti-corruption" (pg. 62, 5.10) Without Fear or Favour); and
that a single accessible code of ethics should replace what he felt was
a fragmented set of aspirations, a recommendation that he was successful
in getting the College of Policing to adopt (see 5.1).
- Practitioners in the College of Policing, the Metropolitan Police
Service and other police forces. Hough disseminated the findings 3.1
through informal briefings and discussion.
- Greater London Authority. Hough organised a round-table in November
2012 at the Office of the Deputy Mayor for London for Policing and Crime
at which he briefed the Deputy Mayor on this research; and subsequently
gave evidence to the Greater London Authority Police and Crime
Committee.
- Independent Police Complaints Commission (IPCC). Its 2012 report
"Corruption in the Police Service in England & Wales" cited 3.1 (pp.
13-14) and the research helped inform the IPCC's views on how unethical
police behaviour impacts on public trust and legitimacy. IPCC also used
the findings from 3.1 to support its own findings that corruption was
not endemic in UK police forces. (See 5.4).
Contribution to shaping attitudes and debate:
ICPR have briefed various politicians, including Nick Clegg, Nick Herbert
(when Police Minister at the Home Office) and Stephen Greenhalgh (Deputy
Mayor of London) on Trust in Justice findings, as well as Sir John Thomas,
the Lord Chief Justice.
ICPR has also engaged various other intermediaries including NGOs and the
media to promote this research, and these intermediaries have in their
turn influenced policy. Specific examples include:
- Howard League: Hough used the Trust in Justice findings in a February
2013 pamphlet he co-authored for the Howard League Intelligent
Justice: Balancing the effects of community sentences and
custody (5.8) which argued that it is usually more effective
— and more economic — to get people to `buy into' behaviour rather than
compel or cajole or supervise them into it.
- Fiducia: a research partnership of several European universities and
public policy institutes. Fiducia's programme draws heavily on Trust in
Justice data, for its objective to promote trust-based policy to policy
makers, governments, academics, judges and lawyers across Europe.
- Media: Trust in justice findings have been discussed in BBC Radio Four
programmes "Start the Week" and in a three-part documentary "What are
the Police For?" in 2012. Hough also discussed the findings in a Guardian
article "Why the police must secure public trust" December 2011, which
received 122 comments, evidence that it stimulated lively debate.
Sources to corroborate the impact
5.1 Former Chief Inspector of Constabulary, Her Majesty's Inspectorate of
Constabulary [contact details provided].
5.2 Programme Head: Surveys and Insight, Ministry of Justice [contact
details provided].
5.3 Principal Research Officer, College of Policing [contact details
provided].
5.4 Former Chief Executive, Independent Police Complaints Commission
[contact details provided].
5.5 HM Inspector of Constabulary, Her Majesty's Inspectorate of
Constabulary [factual statement already provided].
5.6 Impact
Evaluation: Workplace Employment Relations Survey & European
Social Survey — Final report to the ESRC, Drew H, King A &
Ritchie F, UWE, March 2013. An impact evaluation commissioned by ESRC to
determine the extent to which research utilising WERS and ESS data has
influenced policy and practice across the UK.
5.7 NAO, 2012 Comparing
International Criminal Justice Systems, Briefing For the House
of Commons Justice Committee.
5.8 Press
notice 5 Feb 2013 from Howard League for its publication Intelligent
Justice: Balancing the effects of community sentences and custody.
5.9 Hough, M., Bradford, B., Jackson, J. and Roberts, J. V. (2013) Attitudes
to Sentencing and Trust in Justice: Findings from the Crime
Survey for England and Wales. London: Ministry of Justice.
This paper incorporates findings from the ESS in its analysis of the CSEW
findings on trust.
5.10 Without
fear or favour: A review of police relationships Her Majesty's
Inspectorate of Constabulary, December 2011.