Chose one area that has been studied in this module (for example age, gender, race, language, disability, sexuality), and critically assess the extent to which the policy and practice within criminal justice system accommodates diversity.

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North East Wales Institute/ Athrofa Gogledd Ddwyrain Cymru

School of Business and Social Sciences/ Ysgol Fusnes a Gwyddorau Cymdeithasol

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TAFLEN GYFLWYNO ASEINIADAU

Chose one area that has been studied in this module (for example age, gender, race, language, disability, sexuality), and critically assess the extent to which the policy and practice within criminal justice system accommodates diversity.

This essay is to explore the increasing number of migrants and asylum seekers as clients within the criminal justice system. Policy and practice regarding this particular area of clientele will be identified, examined and assessed. In recent decades, most EU member States have experienced a marked increase in the number of third country nationals (TCNs) residing on their territory. Partly for political and humanitarian reasons, partly as a result of differing economic situations as well as the freedom of movement entailed by growing economic integration in Europe, an increasing number of people have settled with varying degrees of permanence in countries other than their countries of origin.

Every area within the field of criminal justice must accommodate diversity. Every department has its own set of policies, but all share the same objective; to ensure that no loss of service occurs due to the diversity of any particular client. The field of criminal justice is an ever changing environment, with policies and practices adapting to this environment. A person is entitled to make an application for refugee asylum in another country when they allege they are escaping persecution. Written in article 14 of ‘The Universal Declaration of Human Rights’, it is stated that ‘Everyone has the right to seek and to enjoy in other countries asylum from persecution.’ People who arrive in a country without prior authorisation from that country, with no documents, or false documents are not illegal. They are asylum seekers - a legal status under International Law. Many Asylum Seekers are forced to leave their countries in haste and are unable to access appropriate documentation. Migrants can be illegal, however. The main difference between the two is that asylum seekers are seeking asylum, or protection. Migrants, it can be argued, are seeking a better life in another country.

With regards to migrants, Spencer (04/2004) tells us that it is common practice to sort them into different categories, in order to fully accommodate each individual need. It is noted that asylum seekers are not sorted into such categories.

Spencer tells us that-

‘…migrants are required to enter through a particular channel and acquire a label – seasonal worker, refugee, highly skilled permit holder, or dependant.’

It is the opinion of this essay that this is good practice, as it can then be assumed that their needs differ. Spencer does, however, go on to suggest that part of this policies usefulness derives from the idea that ‘…it is only worth investing in those who will be with us in the long term, or that European citizens, as holders of equal rights, are already included.’

This, it can be argued, is poor practice, as it is not accommodating the needs of those who are not staying ‘short term’, but are still in need of a service. There are benefits to this approach, as well as the negatives. For example, more focus and time can be devoted to those who are going to be around for longer periods of time. This highlights more issues, such as housing, medical care, and any benefits.

After identifying the various definitions of minority and recognising the difficulties of conceptualising the issues surrounding social exclusion, local governments agreed upon a working definition of new minorities originating from immigration. This definition encompasses different categories of TCNs legally present on the territory of an EU member State and includes not only migrant workers with permanent or seasonal contracts, but also asylum-seekers, refugees, and ethnic migrants with the main focus on the integration of the first generation. A broad definition of the target group was chosen, in spite of having some methodological difficulties, because it has the advantage of better reflecting the social reality of most European countries.

Language barriers with migrants may produce other barriers. Ashenhurst-McGrattan (2002) notes that ‘…even within the fifteen (twenty-five since May the First, 2004) member states, EU citizens exercising their free movement rights have faced language barriers.’ In order to tackle this, interpreters are often used to assist in interview scenarios. However, there are certain skills other than being able to speak the client’s language required to work as an interpreter. Good communication is a necessity, so the interpreter is for the benefit of the practitioner as much as that of the client.

Though seemingly straight forward, this is often not so; in many cases involving minority languages, an interpreter is not immediately available, and it is often the case that interpreters do not address fully the concerns of the client. Many clients, unfamiliar with British practice, may not have the confidence to ask questions or to challenge what practitioners might see as ‘routine practice’. As with all barriers in understanding, ‘language barriers increase any difficulties: It is important not to assume that quiet acceptance equals consent and to ensure that all clients, whatever their background, are informed of the purpose, scope, risks and benefits and the service being provided’ (Schott et al, 2003) and that they understand that they have choices. When provided, an interpreter must fully understand that some clients may have concerns in relation to specific practices, especially so if they are not altogether familiar with these practices.

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The cultural, religious, spiritual, social and emotional implications of interview technique should be into account. At the same time it is important not to assume, for example, on the basis of a client's religion, what they are thinking. It is the duty of the interpreter to transfer this information to the practitioner without loss of meaning or substance. As always, scrupulous confidentiality must be maintained, by both interpreter and practitioner.

With regards to interview technique, cultural differences must be taken into consideration. Communication is vital, and blockages must be avoided in order to achieve the desired outcome. These blockages can include ...

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