the law is still broken Flashcards
crown prosecution service
responsible for the prosecution of all criminal cases within E & W
Post Austerity they have suffered huge cuts in both staff and funding – with a reduction in funding of around 30% and the loss of 1/3 of the workforce
What does this lack of staff equate too?
a decline in the quality of information available to barristers when appearing in court
increased use of evidence via smartphone, less staff and more data = more cases taking far longer to reach the court
collapsing cases in ‘ That nations Law Firm’
With a severe drop in staff, the result has been a series of collapsed cases as prosecutors fail to disclose evidence to the defence
massive failings
- A report in 2018 revealed the true extent of the lack of disclosure - lack of adequate disclosure means that innocent people can go to prison
- Disclosure: any evidence gathered by police which helps the defence or weakens its own
change in crime
The largest issue with a declining workforce is the fact that trends in crimes have changed dramatically and are now more focused on child sex abuse, historic sex abuse, economic crime and terrorism
With less people to collate evidence and work on prosecution, these complicated cases become far more risky
Diversity and the impact on a court
Having diversity in a court goes far beyond making sure that ‘everyone gets a chance to be a judge’
As a country with multiple countries, races, and religions represented it is crucial that those judging us represent and understand the people stood in front of them
disproportionate bias towards BAME in CJS
- Being tried at CC
- Custodial Remand
- Sentencing to Custody
- Prison Adjudications
Arrests and subsequent court
A report demonstrating the relative rate of arrest demonstrated that arrest rates are higher in young black men, mixed ethnic men and black and ethnic mixed women than their white counterparts
judges
29% of Court Judges are women
7% of Court Judges identify as BAME
12% of Magistrates identify as BAME
4% of Magistrates are under 40
disparity
The issue arises in that those judging – those deciding the liberty of those in their court cannot relate to the lives of those who are not them
We know that care leavers, those under social care, those in poverty, the homeless, BAME and LGBT individuals dominate the courts
prison since 2010
Prisons have deteriorated dramatically with massive staff cuts leading to overcrowding, rampant drug use, violence, spiraling self harm incidents and a spike in suicides
overcrowding and understaffing
the prison budget has been cut by millions
Staff have been rapidly cut with 14,000 staff being lost in 6 years
drugs and violence
Drugs and violence are intrinsically linked, with a lack of staff meaning that they cannot control the influx of drugs or the subsequent violence
Attacks on staff and other prisoners have risen dramatically, with serious attacks become far more common than ever before
mental health and an ageing population
Mental Health in prison has reached crisis point with tends of thousands of SH injuries, more self inflicted deaths than ever as well as more MH issues developing from the use of MPS
Historic Sex Abuse cases have also led to older populations, with the current oldest prisoner aged 104
the worst element of CJS
Prisons represent the most desperate and heartbreaking parts of our CJS – they are violent, dirty, old and doing nothing for those incarcerated
They are provably unsafe and ineffective, with reoffending rising and deaths and injuries becoming more every day than ever before
probation
The Probation Service deal with supervision of offenders in the community and those on license
If your sentence is 12 months, you will likely be released after 6 months and serve the rest of restrictions
If your sentence is 12 months +, you’ll serve half your sentence with the rest on ‘tag’ (if less than 4 years)
In an attempt to save money and improve the probation service, the govt got it hugely wrong
High risk individuals are looked after under the national service and low risk are looked after under privatized services
privatisation
massively backfired, with the low risk contracts being unable to do their jobs, leaving more people recalled and therefore left in prison
More people were classified as high risk – leaving underpaid staff with 40 or 50 individuals to supervise and ensure are being rehabilitated
CJS as it currently stands
We are facing a CJS which is understaffed, overworked and ineffective – privatization of prisons and probation has ruined chances of rehabilitation
While funding cuts have ensured that cases take longer, are less just and are more likely to harm those that are most vulnerable in our society
