Professor Gavin Dingwall

Job: Professor of Criminal Justice Policy

Faculty: Business and Law

School/department: Leicester De Montfort Law School

Address: The Gateway, De Montfort University, Leicester, UK, LE1 9BH

T: +44 (0)116 257 7175

E: gdingwall@dmu.ac.uk

W: www.dmu.ac.uk/bal

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Personal profile

Gavin Dingwall was appointed to a Readership in Law at De Montfort University in 2005 and was awarded a Personal Chair in 2012. Prior to moving to the East Midlands, he worked as a Tutor and then a Lecturer in the Department of Law and Criminology at Aberystwyth University. He was a Visiting Professor at the University of Modena and Reggio Emilia, Italy in 2016 and a Visiting Scholar at Flinders University of South Australia, Adelaide in 2004.

At undergraduate level, Gavin teaches modules in Criminal Law and Penology. He also contributes to the Faculty Doctoral Training Programme. Gavin served on the Executive Committee of the Socio-Legal Studies Association (SLSA) from 2008 until 2014 and co-organised the Association's annual conferences at De Montfort University in 2009 and 2012. Gavin retains a link with the SLSA as he and his colleague Tim Hillier convene the Sentencing and Punishment stream at each annual conference.

In 2018, Gavin was invited to serve on the Howard League for Penal Reform's Research Advisory Group. The Howard League for Penal Reform is the oldest penal reform charity in the UK. It has as its mission: 'Less Crime, Safer Communities and Fewer People in Prison'.

Gavin has written extensively on many aspects of Criminal Justice, as well as in Criminal Law, Criminology, Evidence and Procedure. Most of his work is conceptual, although he has adopted comparative, doctrinal and empirical methodologies. His work includes books on alcohol and crime, diversion in the criminal justice process and rural crime. His latest book, written with his colleague Tim Hillier, is entitled Blamestorming, Blamemongers and Scapegoats: Allocating Blame in the Criminal Justice Process (Policy, 2016). The book was the subject of a discussion on BBC Radio 4's Thinking Allowed series broadcast in June 2016.

He is currently working on three major projects: 'truth' and criminal justice; sentencing provisions for 'dangerous' offenders, with a particular focus on release from indeterminate sentences and on Imprisonment for Public Protection; and on the relationship between sentencing reform and prison reform.

Gavin's Twitter account @GavinDingwall focuses on penal policy and has over 2,750 followers.

Research group affiliations

Institute for Evidence-Based Law Reform (IELR)

Publications and outputs

Reviewing a Parole Board Decision to Release
Reviewing a Parole Board Decision to Release Dingwall, Gavin This note examines the implications of the High Court challenge to the Parole Board decision to release the serial sex offender John Worboys (now known as John Radford). Three central issues emerged: (1) that the Parole Board ruling was not irrational on the basis of the evidence considered (2) evidence untried in a criminal court of allegations of like offending should have been considered in a determination of risk (3) that the overarching requirement for open justice meant that the existing Parole Board Rules required revision. All three aspects are considered further. The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.
The Continuing Chronology of Confusion: Crime Prevention, Welfare and the Why of Youth Justice
The Continuing Chronology of Confusion: Crime Prevention, Welfare and the Why of Youth Justice Antonopoulos, Irene; Dingwall, Gavin; Hillier, Tim International human rights law states that child well-being must be paramount. The aims of the Youth Justice System in England and Wales should reflect this, but the present system fails to do so as its aims are various and lack coherence. This article argues that this incoherence emanates from an apparent conflict between welfare and crime prevention. The authors argue that this dichotomy is false if one recognises that crime will only be prevented by prioritising the welfare and well-being of the child offender. Adopting this approach would satisfy international obligations and reduce the risk of offending and re-offending. The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.
Punishability and the Restriction of Interests
Punishability and the Restriction of Interests Dingwall, Gavin This short article develops two themes which run throughout Rob Canton's recent monograph Why Punish? - the concept of 'punishability' and that punishment, however justified, constitutes an interference with an individual's interests.It is argued that there are fundamental questions of agency which relate to the definition of punishment (is it punishment if an offender does not perceive the outcome as a hardship?), to potential justifications of punishment (different perceptions of punishment may impact upon their effectiveness), to perceptions of legitimacy (if the offender believes her interests are being ignored or marginalised) and to how criminal justice professionals perceive their role. The file attached to this record is the author's version. The Publisher's final version can be found by following the URI link. open access journal
Young Offenders' Right to Integration post Human Rights Act 1998: Work as punishment, rehabilitation and enabler
Young Offenders' Right to Integration post Human Rights Act 1998: Work as punishment, rehabilitation and enabler Antonopoulos, Irene; Dingwall, Gavin A combination of international children's rights instruments and regional human rights protection framework has ensured the protection of children in custody. Whilst the United Kingdom has ratified the Convention on the Protection of the Rights of the Child, its provisions have not been implemented directly into domestic law. Nevertheless, domestic legislation providing for the safeguarding of young offenders in combination with the Human Rights Act 1998 has ensured that their rights are safeguarded. The recent election campaign once again brought out the debate over the relationship between the European Court of Human Rights and the UK Parliament. In this article, the authors seek to ascertain whether the proposed repeal of the Human Rights Act 1998 will disadvantage young offenders and, specifically, whether it will compromise their right to education and training whilst in custody, which is designed to enable their rehabilitation and (re)integration into society post-release. Open Access article
Circumstance, Choice and the Denial of a Superior Orders Defence in International and Comparative Criminal Justice
Circumstance, Choice and the Denial of a Superior Orders Defence in International and Comparative Criminal Justice Dingwall, Gavin Claims that an actor who followed orders issued by a superior should be granted a defence to a criminal offence are largely rejected in international and domestic criminal law. Various justifications have been offered: such a defence would often excuse participants in the gravest forms of criminal activity; a degree of choice remains and so some culpability is present; and deterrence would be compromised if the defence could be invoked too readily. This article will assess these claims with particular regard to the notions of 'circumstantial luck' and choice. It will be argued that the rejection of a superior order defence is justifiable, even though some of the orthodox rationales for rejection appear weak. Instead, the relevance (if any) of a superior order claim should be considered at the sentencing stage as part of an overall assessment of individual culpability.
Blamestorming, Blamemongers and Scapegoats: Allocating blame in the criminal justice process
Blamestorming, Blamemongers and Scapegoats: Allocating blame in the criminal justice process Dingwall, Gavin; Hillier, Tim We live in a society that is increasingly preoccupied with allocating blame: when something goes wrong someone must be to blame. Bringing together philosophical, psychological and sociological accounts of blame, this is the first detailed criminological account of the role of blame. The authors present a novel study of the legal process of blame attribution, set in the context of criminalisation as a social and political process.
Indeterminate Sentencing: Synthesising public protection, rehabilitation and human rights obligations
Indeterminate Sentencing: Synthesising public protection, rehabilitation and human rights obligations Bettinson, Vanessa; Dingwall, Gavin England and Wales, like many comparable jurisdictions, has relied increasingly upon measures designed to protect the public from offenders perceived to pose a danger. Incapacitative sentencing is inherently problematic as prediction is highly unreliable and this leads to manifest injustice when those wrongly categorised are incarcerated for lengthy periods. Alternative objectives are marginalised when public protection is paramount. This is logical: if an offender will never be released, why try to rehabilitate him? Our contention is that incapacitation should not be pursued in isolation. Taking 'natural life' sentences and Imprisonment for Public Protection as examples, we develop an argument that jurisprudence from the European Court of Human Rights allows states to adopt incapacitative strategies only where suitable rehabilitative provision is available. As provision is chronically under-resourced at present, we contend that this jurisprudence jeopardises any strategy which is solely incapacitative. Instead, what is required is a synthesis of the (apparently distinct) objectives of protecting the rights of offenders, including the right to rehabilitation, with protecting public safety.
'It lets out all my demons': Female young offenders' perceptions about the impact of alcohol on their offending behaviour
'It lets out all my demons': Female young offenders' perceptions about the impact of alcohol on their offending behaviour Newbury, A.; Dingwall, Gavin
Challenging the ongoing injustice of imprisonment for public protection: James, Wells and Lee v the United Kingdom
Challenging the ongoing injustice of imprisonment for public protection: James, Wells and Lee v the United Kingdom Bettinson, Vanessa; Dingwall, Gavin
Sentencing
Sentencing Dingwall, Gavin This chapter provides an overview of contemporary sentencing policy and practice.

Click here to see a full listing of Gavin Dingwall's publications and outputs.

Key research outputs

Dingwall, G. and Hillier, T. (2015) Blamestorming, Blamemongers and Scapegoats: Allocating blame in the criminal justice process Bristol: Policy Press

Dingwall, G. (2006) Alcohol and Crime Cullompton: Willan Publishing

Dingwall, G. and Moody, S. (eds.) (1999) Crime and Conflict in the Countryside Cardiff: University of Wales Press

Dingwall, G. and Harding, C. (1998) Diversion in the Criminal Process London: Sweet & Maxwell

Research interests/expertise

Alcohol and crime;
Sentencing policy and theory
Criminal justice policy

Areas of teaching

Criminal Law
Penology

Qualifications

LLB (Warwick) MPhil (Wales)

Courses taught

Criminal Law LLBP1015
Penology LLBP3016
Supervision of undergraduate projects
Supervision of LLM dissertations
Supervision of PhD students
Doctoral Training Programme modules

Membership of external committees

Member, Howard League Research Advisory Group
Member, ESRC Peer Review College
Executive Committee, Socio-Legal Studies Association (SLSA), 2008-2014
Book Prize Committee, Socio-Legal Studies Association (SLSA), 2011-2014
Seminar Prize Committee, Socio-Legal Studies Association (SLSA), 2012-2014
External Panel Member, Sabbatical Committee, Wolverhampton University, 2013
External Panel Member, LLM / MSc Criminal Justice and Penal Change Validation Panel, Strathclyde University, 2012
External Panel Member, Academic Programme Review, School of Law, Brunel University, 2010
External Panel Member, Periodic Review, School of Law, University of Reading, 2008
External Penal Member, LLB Law with Criminology Validation Panel, University of Hull, 2008
External Panel Member, Periodic Review, School of Law, University of Wales, Swansea, 2007

Membership of professional associations and societies

Fellow of the Royal Society of Arts
Fellow of the Higher Education Academy
British Society of Criminology
Centre for Crime and Justice Studies
Northumbria Centre for Evidence and Criminal Justice Studies
Socio-Legal Studies Association (SLSA)

Forthcoming events

Conference attendance

Conference Organisation

Co-Organiser (with Stefano Bertea and Maria Cecilia Fregni), Joint Conference of De Montfort University, Leicester University and the University of Modena and Reggio Emilia Schools of Law, Leicester University, April 2019

Co-Organiser (with Francesco Belvisi, Stefano Bertea, Luigi Foffani, Maria Cecilia Fregni and Vincenzo Pacillo), Joint Conference of De Montfort University, Leicester University and the University of Modena and Reggio Emilia Schools of Law, De Montfort University, May 2018

Co-Organiser (with André Naidoo), Socio-Legal Studies Conference, De Montfort University, Leicester, April 2012

Co-Organiser (with Trevor Buck), Socio-Legal Studies Conference, De Montfort University, Leicester, April 2009

Sentencing and Punishment Stream Convenor (with Tim Hillier), Socio-Legal Studies Conference

Papers

2019

Dingwall, G. 'Forfeiting a Defence through Prior Fault: Culpability and the lure of moral equivalence', Joint Conference of De Montfort University, Leicester University and the University of Modena and Reggio Emilia Schools of Law, Leicester University, April 2019

Dingwall, G. 'Dangerous Children: Reflections on age-specificity and the legitimacy of incapacitative sentencing', Socio-Legal Studies Association Conference, University of Leeds, April 2019

Dingwall, G. and Gallagher, J. 'How Can We Keep Minor Offenders Out Of Prison?', Department of Law and Criminology, Abersywtyth University, March 2019

Gallagher, J. and Dingwall, G. 'Unlocking the Prison Crisis: Does Scotland hold the key for England and Wales?', Centre for Law, Crime and Justice, Strathclyde University Law School, Glasgow, January 2019

2018

Bates, D. and Dingwall, G. 'Reconsidering the Process of Release: Evidence, accountability and parole decision-making', Centre for Applied Legal Research, University of the West of England, Bristol, November 2018

Bates, D. and Dingwall, G. 'Exploring Evidential Flaws from Complaint to Post-Conviction in the Radford Litigation', Centre for Criminology and Criminal Justice, University of Hull, October 2018

Bates, D. and Dingwall, G. ‘How has the John Worboys Decision Altered Parole Board Decision-Making?’, Research Seminar, Sexual Violence Domestic Violence (SVDV) Research Network, De Montfort University, Leicester, September 2018

Dingwall, G. ‘Legitimacy, Transparency and the Release of Dangerous Offenders’, Socio-Legal Studies Conference, Bristol University, March 2018

2017

Dingwall, G. 'Punishability and the Restriction of Interests', British Society of Criminology Midlands Branch, Why Punish? symposium, De Montfort University, Leicester, December 2017

2016

Dingwall, G. and Hillier, T. 'Achieving Meaningful Prison Reform whilst Denouncing Deliberate Decarceration: A critique of the current penal reform proposals', British Criminology Conference, Nottingham, July 2016

Dingwall, G. and Hillier, T. 'The Use and Abuse of Blame in Determining the Limits of Criminalisation', Research Seminar, School of Law, University of Leicester, June 2016

Dingwall, G. 'Michael Gove's Dilemma: Can you reform prisons without reforming sentencing?', Joint Conference of De Montfort University, Leicester University and the University of Modena and Reggio Emilia Schools of Law, Leicester University, April 2016

Dingwall, G. 'The Minor Majority and the Limits of a Risk Penology', Socio-Legal Studies Conference, Lancaster University, April 2016

2015

Dingwall, G. ‘Circumstantial Luck and the Attribution of Blame in International Criminal Justice’, Bangor Centre for International Law, School of Law, Bangor University, December 2015

Dingwall, G. 'Reflections on the Correlation between Moral Fault and Mens Rea', Research Seminar, Northumbria Centre for Evidence and Criminal Justice Studies, Northumbria University, November 2015

Dingwall, G. 'Criminal Liability and Intoxicated Offenders: Comparing three European approaches', Leicester-Modena Conference on Law and Rights, University of Modena and Reggio Emilia, Italy, April 2015

Dingwall, G. 'Conceptualising a Low Risk Penology', Risk Symposium, Centre for Criminological Research, University of Sheffield, February 2015

Dingwall, G. and Hillier, T. 'Blamestorming, Blamemongers and Scapegoats: Some reflections on the allocation of blame in the criminal justice process', Staff Research Seminar, School of Law, Criminology and Sociology, Royal Holloway, University of London, January 2015

2013

Dingwall, G. ‘A Dangerous Decade? Risk, rights and the sentencing of violent and sexual offenders’, Justice in the Criminal Courts in the 21^st Century, Centre for Criminal Justice Studies, University Of Leeds, June 2013

Bettinson, V. and Dingwall, G. ‘Challenging the Ongoing Injustice of Imprisonment for Public Protection’, Socio-Legal Studies Conference, University of York, March 2013

2012

Bettinson, V. and Dingwall, G. ‘Do Generic Sentencing Aims Result in Optimised Outcomes in Domestic Violence Cases?’, Socio-Legal Studies Conference, De Montfort University, Leicester, April 2012

2011

Dingwall, G. and Hillier, T. ‘A Crisis of Legitimacy: conflicting notions of justice in responding to war crimes’, 2^nd Biennial War Crimes Conference, Institute of Advanced Legal Studies, University of London, March 2011

2010

Hillier, T. and Dingwall, G. ‘The Blame Game: how international justice seeks to exonerate the rest of us’, 10^th Conference of the European Society of Criminology, Liège, Belgium, September 2010 (presented by Tim Hillier)

Dingwall, G. ‘A New Way of Doing Sentencing? Will the increased visibility of British minority parties end the punitive consensus?’, 10^th Conference of the European Society of Criminology, Liège, Belgium, September 2010

Dingwall, G. and Sidki, K. ‘Developing an Effective Response to Problem Drinking in the Leicester Sikh Community’, BME National Workshop, Department of Health Alcohol Improvement Programme, Peterborough, July 2010

Dingwall, G. ‘The Ex-Factor: Recidivism, relevance and rhetoric’, Socio-Legal Studies Conference, University of the West of England, Bristol, March 2010

Merritt, J. and Dingwall, G. ‘Does Plural Suit Rural? Problematising the role of Police Community Support Officers in a rural environment’, Socio-Legal Studies Conference, University of the West of England, Bristol, March 2010

2009

Dingwall, G. ‘Alcohol, Crime and Disorder: Four unresolved issues for the criminal courts’, keynote lecture, Youth, Alcohol & Crime (Problems & Effective Responses) conference, Alcohol & Health Research Unit, University of the West of England, Bristol, November 2009

Dingwall, G. ‘Responding to Intoxicated Offending: An evaluation of four approaches’, keynote lecture, Drugs, Alcohol and Violent Crime – policy and practice? conference, Newport Centre for Criminal and Community Justice, University of Wales, Newport, April 2009

Dingwall, G. ‘Voices on the Margins? Sentencing policy and ‘minority’ parties in the United Kingdom’, Socio-Legal Studies Conference, De Montfort University, Leicester, April 2009

2008

Dingwall, G., Allen, M. and Graham, L. ‘Reprimands and Warnings’, The Crime and Disorder Act: 10 years on, Thematic Conference, Centre for Criminal Justice Studies, University of Leeds, May 2008

Dingwall, G. ‘Exploring the Effect of Sentencing Guidance on Sentencing Justification’, Socio-Legal Studies Conference, University of Manchester, March 2008

2007

Dingwall, G. ‘Sober Responses to Intoxicated Offending’, Guest Lecture, Department of Criminology, University of Leicester, November 2007

Hillier, T. and Dingwall, G. ‘International Criminal Tribunals and their Penal Philosophies’, British Criminology Conference, Mannheim Centre for Criminology, London School of Economics, September 2007 (presented by Tim Hillier)

Dingwall, G., Denscombe, M. and Hillier, T. ‘Researching Taxi Drivers’ Experiences of Crime: Some issues of ethics and methodology’, British Criminology Conference, Mannheim Centre for Criminology, London School of Economics, September 2007

Dingwall, G. ‘Deserting Desert? Reflections on the current role of retributivism’, Socio-Legal Studies Conference, University of Kent, Canterbury, April 2007

2006

Dingwall, G. ‘Hoodies and Goodies: Some critical reflections on current youth justice strategy’, Oxford University Howard League Group, Wadham College, University of Oxford, May 2006

Dingwall, G. ‘Just How Culpable is the Drinking Offender?’, British Society of Criminology Conference, Glasgow Caledonian University, July 2006

Dingwall, G. ‘Intoxicated Mistakes and Failure of Proof’, Staff Research seminar, School of Law, University of Wales, Swansea, March 2006

Dingwall, G., Gillespie, A.A. and Koffman, L. ‘Restricting the Rights of Juvenile Offenders in England and Wales: A triumph of form over substance?’, Socio-Legal Studies Conference, University of Stirling, March 2006

Gillespie, A.A. and Dingwall, G. ‘Rescuers, Duties and the Criminal Law’, Socio-Legal Studies Conference, University of Stirling, March 2006 (presented by Alisdair A. Gillespie)

2005

Dingwall, G. ‘What Shall We Do with the Drunkard? Jail Her? Sentencing and the intoxicated offender’, Research Seminar, Criminal Justice Unit, University of the West of England, Bristol, November 2005

Dingwall, G. ‘Will the Government’s ‘Blitz’ on ‘Alcohol-Related’ Crime and Disorder Work?’, British Society of Criminology Conference, University of Leeds, July 2005

Dingwall, G. ‘Alcohol, Crime and Responsible Responses’, Staff Research Seminar, Sussex Law School, Sussex University, March 2005

2004

Dingwall, G. ‘Jurisprudential Priorities and the Boundaries of Consent in Rape’, Staff Research Seminar, Faculty of Law, Monash University, Melbourne, April 2004

Dingwall, G. ‘What Shall We Do with the Drunkard? Jail Her? Sentencing and the intoxicated offender’, Staff Research Seminar, Department of Criminology, University of Melbourne, April 2004

Dingwall, G. ‘Theorising at the Margins: Reassessing the importance of intoxication in criminal law’, Staff Research Seminar, School of Law, Flinders University of South Australia, Adelaide, March 2004

2002

Dingwall, G. ‘Alcohol, Crime and Responsibility’, Guest Seminar, Joint Meeting of the Northern Ireland Branch of the British Society of Criminology and the Institute of Criminology, Queen’s University, Belfast, November 2002

Dingwall, G. ‘Desert, Deterrence and the Demon Drink: How penal theory should inform the substantive criminal law on intoxication’, International Conference on Sentencing and Society, University of Strathclyde, Glasgow, June 2002

Dingwall, G. ‘Wasted and Wounded, This ain’t what the moon did, We’ve got what we paid for now: The case for a principled approach to alcohol-induced offending’, Socio-Legal Studies Association Conference, University of Wales, Aberystwyth, April 2002

2000

Dingwall, G. ‘The Fundamental Dilemmas of Double Jeopardy’, Scrymgeour Law Lecture, Department of Law, University of Dundee, May 2000

Dingwall, G. ‘Sexual Coercion and the Boundaries of Consent in Rape’, Staff Research Seminar, School of Law, University of Strathclyde, Glasgow, May 2000

1999

Dingwall, G. and Harding, C. ‘Desert and the Punitiveness of Imprisonment’, International Conference on Sentencing and Society, University of Strathclyde, Glasgow, June 1999

1997

Dingwall, G. ‘Criminal Justice Policy and Practice: The rural dimension’, British Criminology Conference, Queen’s University, Belfast, July 1997

1995

Dingwall, G. ‘Selective Incapacitation after the Criminal Justice Act 1991: A proportional response to protecting the public?’, British Criminology Conference, University of Loughborough, July 1995

Current research students

Professor Dingwall is interested in supervising research degree students who wish to explore aspects of criminal justice (particularly the relevance of 'blame', the politics of criminal justice, pre-trial diversion, sentencing and punishment), criminology (particularly alcohol-related crime and disorder) and criminal law (particularly intoxication and criminal liability, prior fault, 'moral luck', defences, mens rea, theories of criminalisation).

Past or present students have adopted comparative, doctrinal, empirical, socio-legal and theoretical approaches. Feel free to contact Gavin to discuss possible proposals prior to making a formal application. Current students:

Jackie Elton (first supervisor) 'Expert Evidence and Miscarriages of Justice: Is there a formulation of the law relating to expert evidence which would reduce the risk of miscarriages of justice in cases where expert evidence is central to the conviction?'
Omar Alsuwaidi (second supervisor) 'Human Rights and National Security: A critical analysis of the compatibility of anti-terrorism legislation with the right to free speech and expression in the United Kingdom, United Arab Emirates and the United States of America,'

The Law School were delighted when Jessica Gallagher was awarded a highly-prestigious 'High Flyer' bursary to commence her doctoral studies in October 2019 under Gavin's supervision. Jessica will be researching self-harm and self-inflicted death in prison - sadly, a vital topic.

Professional esteem indicators

Reviewer, British Journal of Community Justice
Reviewer, Criminology & Criminal Justice
Reviewer, Journal of Forensic Psychiatry and Psychology
Reviewer, Liverpool Law Review
Reviewer, Medical Law Review
Reviewer, Modern Law Review
Reviewer, Policing: An International Journal of Police Strategies and Management
Reviewer, Addison Longman
Reviewer, Oxford University Press
Reviewer, Willan Publishing
Reviewer, AHRC grant applications
Reviewer, ESRC grant applications
Reviewer, L’Agence Nationale de la Recherche (France) grant application
Media interview, BBC Politics Show
Media interview, BBC Wales
Media interview, LBC