Welsh Government sets out plans to devolve policing and justice from Westminster to Wales

The Welsh Government has outlined its wishes for a justice system devolved to Wales and warned that the current Westminster-run system is “pulling the shutters down” on access to justice.

A document published on Tuesday highlights the increasingly different Welsh justice policy based on prevention through tackling social challenges and rehabilitation, instead of a more punishment-first approach.

Welsh ministers say the underlying reasons for pressures on the justice system can only be addressed by taking a preventative, holistic and inclusive approach.

The publication says that devolution of justice to Wales is ‘inevitable’, and sets out the core components of what a devolved justice system would look like.

However, the UK government has long been against the devolution of further powers to the Senedd.

Again, at the Welsh Conservative party conference on the weekend, the Welsh Conservatives' leader in the Senedd Andrew RT Davies set out his party's position against further devolution.

Mr Davies said: “I have to say, no to devolution of policing. No to devolution of the criminal justice system.”

What does the Welsh government want Wales’ justice system to look like?

Focusing on prevention and rehabilitation.

Reducing the size of the prison population by pursuing alternatives to custody where appropriate, such as programmes to address mental health issues and support with treatment for drug and alcohol misuse.

Taking a rights based approach to law and policy making, and expanding the incorporation of internationally agreed rights’ standards into domestic law.

In 2019, a review of the Welsh justice system was published by the Commission on Justice in Wales, chaired by the former lord chief justice of England and Wales Lord Thomas of Cwmgiedd.

The report’s key recommendations proposed that control of policing and justice in Wales should be devolved to the Senedd.

In a devolved justice system, the Welsh Government says it would give the highest priority to tackling male violence against women, and the low levels of convictions for rape and sexual assault.

Later today the Welsh Government will publish an updated Violence against Women, Domestic Abuse and Sexual Violence strategy, outlining what will be done to make Wales the safest place to be a woman.

'Firmly pulled the shutters down on access to justice'

Launching Tuesday’s publication, Mick Antoniw, the counsel general, said: “The only sustainable way to improve the justice system is to reduce the number of people coming into contact with it.

“Our publication sets out the innovative ways in which we are using the powers we have, including early intervention to steer people away from the criminal justice system, and how we would seek to build on that through a fully devolved justice system.

“But the policies of successive UK governments since 2010 have firmly pulled the shutters down on access to justice, threatened fundamental rights and protections, and removed vital funding.

“We will continue to use the levers at our disposal to pursue a whole-system, person-centred approach to justice. And we look forward to justice and policing being devolved to Wales so we can accelerate this work and deliver a better system for citizens, communities and businesses across Wales.”

Jane Hutt, Minister for Social Justice added: “The clear conclusion of the independent Commission on Justice in 2019 was that policies and decisions about justice need to be determined and delivered in Wales, so they align with the distinct and developing social, health, social justice and education policy and services in Wales and the growing body of Welsh law.

“By joining up the justice system with the rest of Welsh policy making we can find truly effective ways of reducing crime.

“Our work on the Youth Justice and Women’s Justice Blueprints, and violence against women, domestic abuse and sexual violence, show what can be done collaboratively to develop services tailored to the Welsh context.

“As it stands, however, the savings we make for courts or prisons – for example through PCSOs being successful in crime prevention – are not being reinvested in Wales.

“Devolution must happen so all this money can be reinvested in meeting Wales’s urgent needs.”

Plaid Cymru has long been an advocate of devolving further powers to Wales, with the party calling for a bill on devolution of justice to be introduced in the 2022-23 parliamentary session.

However, the Welsh Conservatives and their Westminster colleagues in the UK Government remain in opposition to the proposals.

In response to the Welsh Government's proposals, the Welsh Conservatives' shadow council general, Mark Isherwood said: “Once again, Labour Ministers are demonstrating that their priorities are out of touch, grossly misrepresenting both the UK Government’s policy agenda, the true cost of their proposals, and replicating the failure of ‘the Independent Commission on Justice’ to acknowledge the inconvenient realities of the east/west cross-border justice system in Wales.

“While families face an increasing cost of living and Wales’ NHS is being run into the ground by successive Labour Health Ministers, the First Minister is, once again, pandering to his nationalist coalition partners.

“Labour Ministers in Cardiff Bay need to focus their attention on devolved issues rather than grab more power in Wales.”