Criminal Justice System

Question 1

Introduction - 1/2

Answer 1

In the UK and Scotland, the criminal justice system involves several bodies. In England and Wales, crimes move from the police to the Crown Prosecution Service, then the case is tried in the Magistrate’s Court. If found guilty here, the case will proceed to the Crown Court for sentencing. The system is somewhat different in Scotland although it follows the same idea. Once a crime has been committed and reported to the police, the report is sent to the Crown Office and Procurator Fiscal Service who decide whether the case will proceed to court. If the case does not go to court, a penalty such as a fine will be issued. If the defendant is found not guilty in the trial, they are released, and if they are found guilty, they are sentenced.

Question 2

Introduction - 2/2

Answer 2

While there are many positive aspects to the criminal justice system in Scotland and the UK such as its respect for human rights and legal aid for those who can’t afford representation. There remain a number of significant challenges including court delays, drug deaths, low arrest and prosecution rates, prison overcrowding and the legislative and judicial functions being too close for comfort.

Question 3

Underfunding - POINT/ANALYSIS

Answer 3

One issue affecting the criminal justice system in the UK is underfunding. Overcrowding in prisons not only significantly reduces the quality of life for prisoners, but can often endanger them. They may be exposed to hardened criminals, radicalisation, or could even develop a drug dependency in prison.

Question 4

Underfunding - EXAMPLE

Answer 4

For example, HMP Barlinnie in Glasgow is currently operating at around 150% capacity meaning 92% of its inmates are sharing cells that were only designed for one person. Almost two-thirds of adult prisons in England and Wales are already overcrowded and prison numbers are set to rise by 20,000 over the next five years.
However, according to the 2019 HMPPS Annual Digest, by 2018/19, the proportion of prisoners held in overcrowded prisons had fallen to 22.5%, the lowest level since 2002.
The overcrowded conditions in Scottish prisons caused the mental health of prisoners to deteriorate to such an extent that in 2018/19 this was referred to as an ‘emergency situation’.

Question 5

Underfunding - COMPARISON

Answer 5

Norway had a similar overcrowding crisis in 2014 and combatted it by sending a number of its prisoners to other countries such as the Netherlands. This method reduced Norway’s issue of overcrowding while creating Dutch jobs. Norwegian prisons now prioritise rehabilitation and treat prisoners as close to normal as possible. They have their own bedroom, TV, and access to a shared kitchen, so their transition into society is as natural as possible. This has proven to be effective due to Norway’s low recidivism rate.

Question 6

Police discrimination - POINT

Answer 6

Another issue affecting the criminal justice system in the UK is police discrimination towards certain groups and the cover-up of racial violence.

Question 7

Police discrimination - EXAMPLE

Answer 7

In 2015 in Kirkcaldy, police were accused of covering up police brutality towards a black man in custody. Sheku Bayoh’s family have criticised the actions of the police for the investigation that took place after his death. They claim that he would not have been treated in the way he was had he been white, and believe that the police deliberately covered up his death. Police Scotland have been accused of producing false statements after they claimed that Bayoh had stamped on the head of a female officer before he was restrained. However, a witness has said that this is not in fact true; that Bayoh did punch the officer, but that was the extent of the assault. The Crown Office announced that the officers will not be charged, however, an inquiry has since been launched into Bayoh’s death in order to determine what happened.

Question 8

Police discrimination - COMPARISON

Answer 8

The United States notoriously has a considerable issue with police racial discrimination. On the 25th of May 2020, a black man by the name of George Floyd was brutally murdered by US police officer Derek Chauvin. Floyd was arrested because he was believed to have used fake money in a shop, but he resisted arrest. This led to Chauvin pinning him to the ground with his knee compressing Floyd’s neck. Footage can be seen of Floyd stating that he cannot breathe, but Chauvin continued to restrict his breathing and he soon passed away.

Question 9

Police discrimination - EVALUATION

Answer 9

This shows that police discrimination is a serious issue in criminal justice systems internationally and results in the mistreatment of certain groups. This extends beyond race-based discrimination into violence against women, religious groups and those of some sexual orientations. This can make people from these groups feel afraid or threatened by the police, which defeats the purpose of the police force - to protect the public.
This problem could be helped by recruiting more people from these groups - women, ethnic minorities, LGBT+ - into the police force. These groups may feel safer with members of their own communities protecting them. Such as after Sarah Everard’s murder in March 2021 at the hand of UK police officer Wayne Couzens, when PM Boris Johnson pledged to introduce more women into the police force.

Question 10

Low prosecution rates - POINT

Answer 10

A third aspect in which the criminal justice system is failing is its low prosecution rates.

Question 11

Low prosecution rates - EXAMPLE

Answer 11

Scotland has a very low rate of rate prosecutions. Sex-based violence is at its second-highest rate since 1971 and make up 1 in 20 of all crimes recorded in Scotland. In 2019-20, sexual assault contributed to 37% of sex crimes in Scotland, while rape and attempted rape made up nearly a fifth of sex crimes but had decreased by 83 cases from the year prior. The conviction rates for rape dropped by nearly 40% with Rape Crisis Scotland stating that only a very small percentage of sexual violence cases make it to court.

Question 12

Low prosecution rates - ANALYSIS

Answer 12

Scotland’s ‘not proven’ verdict is very controversial. This verdict is often given when it is believed the person may well be guilty but there is not enough evidence to actually convict them of the crime. It is commonly used in rape and sexual violence cases. Rape Crisis Scotland has argued that it should be abolished and FM Nicola Sturgeon has agreed there are reasonable arguments for its revocation. Sturgeon has stated that the conviction rate for sex crimes is “shamefully low” and believes work is necessary to improve this. The COVID-19 pandemic has caused serious delays to sexual assault trials - up to 750 cases were backlogged in 2020.

Question 13

Low prosecution rates - COMPARISON

Answer 13

Similarities can be found with South Africa’s issue of violence against women. In 2019, more than 2,700 women and 1,000 girls were murdered. In 2020, a pregnant 28-year-old woman was found hanging from a tree in Johannesburg, a mere few days after a 42-year-old woman’s body was discovered mutilated a mere 70 kilometres away. Violence against women is not seen as an urgent issue in South Africa, and women are scared to report their experiences due to the fear of not being taken seriously or even facing further violence. Ronald Lamola, the Minister of Justice and Constitutional Development admitted on the radio in 2020 that weaknesses in the system failed victims of gender-based violence.

Question 14

Sentencing - POINT/ANALYSIS

Answer 14

Another aspect of the criminal justice system that is failing is sentencing. The Scottish system involves both custodial and non-custodial sentences. A custodial sentence means time spent in prison. Non-custodial sentences include electronic tagging which was introduced in 2006. It involves attaching a tag to their ankle and tracking their movements and this method is particularly effective for those who have committed sex crimes.

Question 15

Sentencing - EXAMPLE

Answer 15

However, sentences in Scotland and the UK as a whole have faced criticism. In 2019, the then Secretary of State for Justice, David Guake, stated his belief that custodial sentences of less than six months should be abolished as they are not worthwhile nor effective. The Scottish Government have also been criticised over the introduction of the Hate Crime Bill in 2021 as many believe it violates freedom of speech. For example, JK Rowling could potentially face a 7-year sentence for expressing her views about transgender on Twitter, according to the Bill.

Question 16

Sentencing - COMPARISON

Answer 16

However, many view the UK as being ‘soft on crime’ compared to the likes of the USA. In the US, a life sentence generally means the rest of a prisoner’s life will be served in prison, however, in Scotland, the maximum sentence is 37 years. In addition to this, those who commit serious crimes are punished more severely than in the UK. For example, in the UK in 2008, 9-year-old Shannon Matthews went missing and it became a major missing persons case. The case continued for months until it was discovered that Shannon’s mother Karen had been behind her disappearance and had orchestrated the whole event. Shannon had been kept at Karen’s boyfriend’s uncle’s flat the whole time. Karen was found guilty of abduction, false imprisonment and perverting the course of justice and received an 8-year sentence which she served half of. Had this case taken place in the US, she may well have received life imprisonment.

Question 17

Court delays - POINT

Answer 17

A final aspect of the criminal justice system which is failing is underfunding and subsequent court delays.

Question 18

Court delays - EXAMPLE

Answer 18

In 2016 in Scotland, there were concerns over workload and budget pressures for the court system. Some lawyers stated the large delays in fixing high court trials and under-funded legal aid service should be part of the probe into the COPFS at Holyrood that Autumn. Advocate Niall McCluskey admitted that the legal system was failing. He stated that “the court service doesn’t seem to have enough resources” and “legal aid is also under-resourced”. Additionally, the pandemic has increased family disputes which have put more pressure on family courts in England. In the spring of 2020, family courts switched to remote hearings and then to hybrid meetings in the summer with some people in person and others phoning in. This caused extended delays due to the courts trying to adjust to the new changes and limitations. Families that were having disputes would have to wait months to be able to have a hearing. Edward Cooke, who runs a specialist family law practice in Sussex had an urgent child hearing waiting for 6 months.

Question 19

Court delays - COMPARISON

Answer 19

Nigeria also faces a similar issue. In 2021, Nigerian court workers went on strike, meaning that those in custody have to wait longer for a trial. Taiwo Ebun was arrested for an alleged armed robbery in March 2019 and was supposed to have his trial on the 21st of April but this was postponed to 5th May. However, these dates passed by without any progression of his trial due to the strikes. The strikes were orchestrated by the Judiciary Staff Union of Nigeria to demand better funding for courts rather than having to depend upon funding from governors who are often corrupt and misuse court funds.

Question 20

Conclusion - 1/2

Answer 20

Overall, the UK criminal justice system has its successes and failures. Its successes include the police forces who often interact with their communities in order to see what must be improved, etc, which makes the public feel they are being listened to. Non-custodial sentences are also effective as it gives offenders who have committed serious crimes the time to reflect upon what they have done whilst still being able to function somewhat normally within society. Non-custodial sentences also mean that offenders won’t be in prison for a small crime which reduces overcrowding. Those who are given electronic tags are still able to be a part of their community which may help them not re-offend and those who are given community payback orders are helping out the community which also gives them a sense of normality and hopefully encourages them not to re-offend. And despite Scotland’s low rape prosecutions, compared to places like South Africa violence against women is not as normalised and women who experience violence in the UK are encouraged to report their experiences.

Question 21

Conclusion - 2/2

Answer 21

However, there is still a long way to go before the justice system is completely successful. Despite non-custodial sentences being in place, Scotland still has a mass overcrowding issue which negatively affects the health and wellbeing of prisoners. The UK doesn’t have the same type of police discrimination as the US faces but it is still very much an issue in the UK as black people are more likely to be stopped and searched for weapons than white people and ethnic minorities, such as Muslims, are usually targeted as they are seen as ‘dangerous’ because of stereotypes. The UK’s prison sentences are much more lenient than the likes of the US and offenders often don’t get the sentence they deserve, making victims and victims’ families feel as though they have not been given proper justice and losing faith in the justice system.