The justice system in Wales is currently part of the England and Wales justice system. There have been proposals for a Wales-only justice system under the control of the Senedd to deal with Welsh issues.
Background
Cyfraith Hywel or "Laws of Hywel Dda" was a system of medieval Welsh Law that was exercised in Wales, after being codified by the King of Wales, Hywel Dda who died in the year 950. The law of Hywel lost its importance after the conquest of Wales by Edward I and the Statute of Rhuddlan in 1284. The law retained some importance in Wales until the Laws in Wales Acts 1535 and 1542.
Since the Laws in Wales Acts, Wales has been part of the single legal jurisdiction of England and Wales. Currently, the following matters are reserved to the UK parliament, meaning they cannot be amended by an Act of the Welsh Senedd: (a) courts; (b) judges; (c) civil or criminal proceedings; (d) pardons for crimes; (e) private international law; (f) judicial review of administrative action as well as policing. Despite recommendations for devolution of these matters to the Senedd by reports and individuals, the UK government currently disagrees with the devolution of justice to Wales.
State of justice in Wales
Wales-specific figures published
In 2019, research by the Wales Governance Centre showed Wales specific figures for the first time ever. Sentencing figures showed that there were 154 prisoners for every 100,000 people in Wales, the highest in Western Europe. England came in second with 141 per 100,000, Scotland third with 135 and Spain fourth with 134. There were more people being jailed in Wales despite a lower crime rate than in England every year from 2013 to 2017. Dr Robert Jones said, "Gradually, a detailed picture is emerging of the justice system in Wales and how it is quite different to that of England."
In response to the emergence of these figures, Plaid Cymru said that the penal system was failing and that the figures added weight to the argument that the justice system should be devolved to Wales. Plaid Cymru leader in Westminster, Liz Saville Roberts said "Wales being at the top of this league table is a source of great shame. Our national assembly for Wales should take control of our prison system so we can create one fit for the unique needs of our nation and not simply allow Westminster to impose its unsuitable policies."
Jane Hutt, Member of Senedd (MS) responsible for justice policy said, "Whilst justice remains a non-devolved function, work is underway to get the best possible solution for Wales. Working with the Youth Justice Board Cymru and HMPPS [the UK government prison and probation service], we are developing proposals on how a distinct and different justice system would operate specifically for female and youth offenders in Wales. Early intervention and prevention are key – considering how we can divert people away from crime in the first place in a holistic and rehabilitative way is essential to Wales' future outlook."
In October 2022, Dr Robert Jones upon the publication of his book The Welsh Criminal Justice System, said: "On many key measures we uncover that the Welsh criminal justice system performs even worse than that of England, a country with a well-deserved reputation as among the worst performers in western Europe. We see higher rates of violent offences, disturbing data on race throughout the system, higher rates of incarceration than in England, and a higher proportion of the population subject to some kind of probation supervision." He added, "Overall, we cannot avoid the conclusion that the way that the Welsh criminal justice system is organised is structurally and endemically dysfunctional."
Female prisoners
In February 2023, a new report showed that women prisoners from south Wales are forced to carry out their sentences in England and are living in poor conditions. Family and friends of female prisoners, therefore, have to travel to England for visitations. Jenny Rathbone, MS for Cardiff Central and Chair of the Senedd's Equality and Social Justice Committee said, "Ultimately we need to have the devolution of Justice to Wales – it's a work in progress."
Proposals for Welsh system
The Silk Commission in 2014 recommended the following timetable of devolution;