Table Of ContentEffciency and Bureaucratisation of
Criminal Justice
This book tackles the growing issues concerning the managerialism and
bureacratisation of criminal justice systems across a number of jurisdictions.
Here, managerialism means the move towards more standardised, bureaucratic
and effciency-driven systems, infuenced by a desire to ensure predictability,
control risks and, ultimately, economic savings via a more effcient process. The
volume explores the phenomenon of managerialism in selected national criminal
legal systems, covering all stages of criminal case processing from arrest to the
imposition of sanction. The selected countries represent diverse socio-economic,
political, cultural and legal traditions including common law, civil law, mixed
common and civil law and post-Soviet tradition. The book engages with a
variety of relevant theoretical concepts, such as fairness, rationality, effciency and
legitimacy. The authors critically examine whether and to what extent the trend
towards managerialism is indeed discernible, and what are its likely effects in the
given national criminal legal systems. The book will be of interest to students,
researchers and practitioners working in the areas of comparative criminal justice
and procedure.
Ed Johnston is an Associate Professor of Criminal Justice and Procedure at the
University of Northampton, UK.
Anna Pivaty is Assistant Professor of Criminal Law and Criminology at Radboud
University, Nijmegen, the Netherlands.
Routledge Contemporary Issues in Criminal Justice and
Procedure
Ed Johnston is an Associate Professor of Criminal Justice and Procedure at
the University of Northampton, UK
The Law of Disclosure
A Perennial Problem in Criminal Justice
Edited by Ed Johnston and Tom Smith
Challenges in Criminal Justice
Edited by Ed Johnston
Probation, Mental Health and Criminal Justice
Towards Equivalence
Edited by Charlie Brooker and Coral Sirdifeld
In Defense of Juveniles Sentenced to Life
Legal Representation and Juvenile Criminal Justice
Stuti S. Kokkalera
Fair Trial Rules of Evidence
The Case Law of the European Court of Human Rights
Jurkka Jämsä
A Recent History of Homicide Investigation
Changes and Implications for Criminal Justice in England and Wales
Sophie Pike
Compensation for Wrongful Convictions
A Comparative Perspective
Edited by Wojciech Jasiński and Karolina Kremens
Effciency and Bureaucratisation of Criminal Justice
Global Trends
Edited by Ed Johnston and Anna Pivaty
See more at https://www .routledge .com /Routledge -Research -in -Legal -History
/book- series/ CONTEMPCJP
Effciency and
Bureaucratisation of
Criminal Justice
Global Trends
Edited by Ed Johnston and
Anna Pivaty
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2023 selection and editorial matter, Ed Johnston and Anna Pivaty;
individual chapters, the contributors
The right of Ed Johnston and Anna Pivaty to be identifed as the authors
of the editorial material, and of the authors for their individual chapters,
has been asserted in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identifcation and explanation
without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978-1-032-07585-3 (hbk)
ISBN: 978-1-032-07591-4 (pbk)
ISBN: 978-1-003-20781-8 (ebk)
DOI: 10.4324/9781003207818
Typeset in Galliard
by Deanta Global Publishing Services, Chennai, India
Contents
Acknowledgements vii
List of contributors viii
Table of Cases xi
Table of Legislation xii
List of Abbreviations xiv
Foreword xv
The move towards effciency and managerialism in criminal
justice: A global phenomenon 1
ANNA PIVATY AND ED JOHNSTON
1 Judging the offender: French criminal justice culture and the
challenges of McDonaldization 16
LAURÈNE SOUBISE
2 New Public Management in the Dutch criminal justice chain:
the effects of stratifcation and automation in out-of-court
proceedings 34
JOEP LINDEMAN AND NINA HOLVAST
3 Introducing abstaining from prosecution and plea bargaining
in Greece: Reforms towards the quest for effciency 55
CHARA CHIONI-CHOTOUMAN
4 Bureaucratising criminal convictions in China 69
ENSHEN LI
vi Contents
5 ‘Through the back door’: Defence perspectives on the rise of
managerialism at the expense of adversarial justice 88
ED JOHNSTON & TOM SMITH
6 New Public Management and the role of the Dutch trial judge:
a critical appraisal of the possible impact 108
ANNA PIVATY AND MARIEKE DUBELAAR
7 Domestic Abuse Cases and Packer’s Conundrum: Managing Risk 129
EMMA FORBES
Bibliography 147
Index 159
Acknowledgements
Anna would like to thank her family, Bertrand, Léo and Elise, for their sup-
port and patience while she was working on this book. She would also like to
thank her co-author and colleague Marieke Dubelaar for her wonderful co-oper-
ation, as well as her encouragement, her time and her critical comments to the
Introduction. Anna would also like to thank the authors for their enthusiasm,
confdence and their fantastic contributions. She would also like to thank them
for their generous comments on each other’s work, their participation and their
helpful comments during the authors’ seminar held on 10 December 2021. Anna
would like to thank her colleagues at the Department of Criminal Law and at
the Institutions for Confict Resolution programme at Radboud University for
giving her space to fnalise this book and their generous endorsement of the
result. Finally, she thanks her co-editor Ed for his insights, supportive attitude
and his down-to-earth approach, which was crucial for the timely completion of
this project.
Ed would like to thank his family for their support during the writing and
editing of this book. In particular, he would like to thank his partner, Wolfy,
for her constant support and encouragement as well as their children, Erin and
Jacob. Ed would like to thank the contributors for their excellent submissions to
this collection as well as both Alison and Anna at Routledge for their guidance
throughout the process. Finally, Ed would like to thank his co-editor, Anna, for
her attention to detail and organisation in both recruiting the contributors and
editing the book itself.
Thank you all.
Contributors
Chara Chioni-Chotouman obtained her PhD at the Department of Criminal
Law and Criminal Procedure at the National and Kapodistrian University of
Athens-Law School on Victims’ Rights in Criminal Procedure, for which she
received a full merit-based scholarship from the State Scholarships Foundation
(I.K.Y). She is currently working as a Lawyer at the NGO ‘Diotima’ provid-
ing legal advice and representation to victims of gender-based violence and
conducting training on the issue. She has published several articles (in English
and Greek) and delivered speeches both in Greece and abroad. She also works
as Scientifc Advisor at Hellenic Parliament.
Marieke Dubelaar is Professor of Criminal Law and Criminology at the Faculty
of Law of Radboud University, Nijmegen (Netherlands), with a special focus
on confict resolution. Her research has an interdisciplinary nature and cen-
tres upon the role of the judge and the process of truth-fnding in criminal
procedure. She has published widely on the topics of evidence, fact-fnding
and the role of the judge in the Dutch criminal process. She is a co-lead of
the Institution for Confict Resolution, originating from the Dutch National
Sector Plan Law. She is also a part-time judge at the Amsterdam Court of
Appeal.
Emma Forbes is an Assistant Procurator Fiscal with the Crown Offce and
Procurator Fiscal Service (COPFS). She completed her PhD with the Scottish
Centre for Crime and Justice Research (SCCJR), University of Glasgow.
Her thesis explored victims’ experiences of the court process and accessing
justice. It included listening to the stories of many women. Emma is a pub-
lished author and was also awarded a Scottish Justice Fellowship, working with
the Scottish Government and SCCJR to translate her research fndings into
accessible policy.
Nina Holvast is Associate Professor at the Erasmus Law School, Rotterdam
University. She is an interdisciplinary researcher, who uses multi-method
research methods to study the Law in Action. Her research focusses on courts,
judicial decision-making and the legal profession. Holvast has an educational
background in law and social science. She completed her doctoral research at
Contributors ix
the University of Amsterdam. Her dissertation explored the role of judicial
assistants in judicial decision-making.
Ed Johnston is Associate Professor of Criminal Justice and Procedure at the
University of Northampton, UK. His research interests and teaching lay in the
feld of criminal justice. He has published a number of books as a sole author,
editor and co-author. He is widely published in the feld of criminal justice,
with a particular focus on issues with law disclosure in England and Wales. His
articles have appeared in the Criminal Law Review, the International Journal
of Evidence and Proof and the Journal of Criminal Law. Ed has given training
to the Judicial College and spoken at home and abroad about issues in the
criminal justice system. Ed is the Head of the Criminal Justice Research Group
at the University of Northampton, UK.
Enshen Li is Senior Lecturer at the TC Beirne School of Law, The University
of Queensland, Australia. His research interests lie in the felds of comparative
criminal justice, theoretical criminology and socio-legal studies of punishment.
He specialises in the Chinese criminal justice and penal system and their impli-
cations for culture and society. Dr Li has published extensively in the leading
law and criminology journals, including the British Journal of Criminology,
Law and Social Inquiry, Social & Legal Studies, Columbia Journal of Asian
Law and Terrorism and Political Violence. He has also published a book on
the development and evolution of punishment in Contemporary China with
Routledge (2018).
Joep Lindeman is Associate Professor in criminal law and criminal procedure
at the Willem Pompe Institute for Criminal Law and Criminology, Utrecht
University, Netherlands. He is affliated with the Montaigne Centre for Rule
of Law and Administration of justice and is also a member of the core team of
that centre. His research focus lies in Criminal Procedure and judicial organi-
sation, both in the Netherlands and abroad, with interests also in substan-
tive criminal law, white collar crime and European criminal law. His doctoral
dissertation was participant observation research into the role of the Dutch
Public Prosecution Service in criminal proceedings.
Anna Pivaty is Assistant Professor of Criminal Law and Criminology at the
Faculty of Law of Radboud University, Nijmegen, Netherlands. She is also
a researcher at the Institution for Confict Resolution, originating from the
Dutch National Sector Plan Law. She researches on and teaches European
and comparative criminal procedure, human rights in the criminal process and
empirical research methodologies in law. Her research has a distinct interdis-
ciplinary and socio-legal focus. In the past, her research focused upon the role
of legal representatives in the criminal process and defence rights in EU crimi-
nal proceedings. She has published both nationally (in the Netherlands) and
internationally on these topics. Currently her research focuses on the impacts
of managerialisation and digitalisation on European criminal justice systems,
