The criminal justice system in 25 years - revival or demise?

The criminal justice system teeters on the brink of collapse. Regrettably, this has been the case for several years, owing to chronic underfunding, understaffing, and resource scarcity.

The consequences are dire, from an alarming shortage of criminal duty solicitors, with numbers dwindling from 5546 in July 2017 to 4054 by January 2023¹, to courts burdened by backlogs, leading to trials being double or triple-booked, often resulting in their cancellation due to insufficient court time. Moreover, the increasing use of “release under investigation” by police forces has left both suspects and victims in limbo for lengthy periods. To compound this issue, the closure of numerous criminal courts has forced defendants and witnesses to embark on unreasonably long and costly journeys to reach their newly designated “local” courts, with over half of all courts in England and Wales shuttered between 2010 and 2019². Additionally, understaffing at the Crown Prosecution Service (CPS) and monumental backlogs sometimes lead to critical evidence being made available only at the last minute or, in some cases, not disclosed at all, potentially determining the difference between a defendant’s freedom or imprisonment.

To illustrate the current plight of the criminal justice system, consider a typical journey. Matthew is enjoying a night out at a pub when a fight breaks out. He is arrested for public order offences and taken to the police station. As is his right, he requests a duty solicitor, but the shortage makes it difficult to find legal representation, subjecting him to a long wait. Once a duty solicitor is found, Matthew is interviewed and released under investigation, with the accusation lingering over him for many months before he is officially charged. Worried about how to afford legal representation, Matthew finds himself grappling with strict cutbacks on legal aid. This financial burden becomes overwhelming, especially as the charges have led to his suspension from work pending the trial’s outcome. Matthew pleads not guilty in court and is assigned a trial date 2.5 years in the future due to the backlog. When the day finally arrives, Matthew arrives at his dilapidated local court centre, where the heating does not work and the walls are covered in mould, to find that his trial has been listed as a “backer trial”, with another custody case taking precedence. Consequently, his trial is not heard due to lack of court time, and it is rescheduled for a year later. Subsequently, the prosecution presents new CCTV footage, demonstrating that Matthew was not involved in the pub fight. Shockingly, this footage has been in the prosecution’s possession for three years, but staffing shortages delayed its review until this late stage. The case is eventually dropped nearly four years after Matthew’s initial arrest.

The question that looms large is, “What will the criminal justice system look like in 25 years?”. The answer hinges on whether the system continues to suffer from chronic underfunding and under-resourcing, or if it is accorded the significance it deserves. Let’s delve deeper into these possibilities.

A well-funded criminal justice system - a prospective future

In an ideal scenario, the criminal justice system would receive the financial support it so desperately needs. Adequate funding would usher in a transformed system, tackling the current challenges that plague it. The first essential step is to enhance resources. Empowering police, the CPS, defence firms, the Probation Service, and prisons with better resources would mean better-equipped officers, updated forensic technology, and streamlined procedures. This in turn would lead to more efficient investigations, faster case resolutions, and a more robust ability to ensure community safety. This would see defendants charged quickly, with it no longer taking six to twelve months for the police to complete mobile phone examinations and forensic testing, as is currently the case given the 25,000 devices waiting to be examined³, the case being listed for trial within nine to twelve months and the court being able to accommodate the trial on the first occasion, the prosecution having adequate staffing levels to ensure a reviewing lawyer can review the case regularly throughout its life to ensure all disclosure is completed and it remains in the public interest to prosecute, and if the defendant is found guilty, a prison and probation service that has the ability to help rehabilitate the offender.

As the modern age sees remarkable technological advancements, it is imperative that the criminal justice system harnesses the power of advanced technology. Modern data analysis, surveillance, and communication tools could significantly boost the effectiveness of investigations and trials. Furthermore, innovative management systems could contribute to better inmate rehabilitation and prison safety.

Rehabilitation is a key aim of sentencing, as per the Criminal Justice Act 2003. With proper funding, rehabilitation programmes within prisons and under the Probation Service’s purview could be revitalised, with a stronger focus on addressing the root causes of criminal behaviour and providing offenders with the tools required to reintegrate successfully into society. This approach would reduce recidivism rates and result in safer communities for all.

A bleak future: the consequences of underfunding

However, if the criminal justice system continues on its current path, it faces a dire future. Persistent underfunding would lead to resource constraints across all stakeholders, exacerbating already heavy workloads and prompting staff attrition due to unmanageable demands. Police officers would become overwhelmed, prosecutors stretched thin, and prisons ill-equipped to provide adequate facilities and rehabilitation programmes for inmates.

Court backlogs and inefficiencies, already a pressing issue today with 62,766 outstanding cases in the Crown Court at the end of September 2022⁴, would worsen without sufficient intervention. Cases would continue to be double or triple booked, causing delays and victims and witnesses would no longer support the prosecution due to severe delays. Those who remain supportive despite the years’ delays would struggle to remember crucial details required when in the witness box, given the significant time elapsed since the incident occurred.

Prisons would remain overcrowded and under-resourced, leading to harsher living conditions for inmates and hampering rehabilitation efforts. Overcrowded facilities would also increase the risk of violence, but such violence would remain unaddressed, given all the problems the system would be experiencing.

The way forward

The future of the criminal justice system in 25 years remains uncertain, but it is within our power to shape it. Adequate funding must be complemented by efficient resource management and a commitment to principles of fairness, transparency, and community involvement. Realistic expectations should guide the allocation of funds, taking into account the need for accountability and continuous evaluation of the system. The main aim of the criminal justice system should be to prevent crime from occurring in the first place. Investments in preventative measures, such as education, social services, and mental health support, can help address the root causes of crime and, in turn, reduce the burden on the criminal justice system,

In conclusion, the future of the criminal justice system in 25 years is uncertain, but it is within our power to shape it. It is easy for us to think that the system’s fate doesn’t affect us, but one day, any of us could find ourselves sitting in the dock facing trial. When that day comes, we would hope that the system is well-funded, well-staffed, and well-resourced to ensure justice prevails.

References

Biography: Tamara Reilly

Hi! I'm Tamara, a law student exploring the future of the criminal justice system in England and Wales. My journey into the world of law began in criminal defense, and I currently work in criminal prosecution, providing a unique perspective on the justice system from both sides. I'm in my third year of my Open University LLB Law Undergraduate studies.

As a dedicated law student, my fascination with the complexities of our legal system has driven me to envision what the criminal justice landscape might look like 25 years from now. In my blog, I embark on an insightful journey through two distinct scenarios—one marked by ample funding and another plagued by resource shortages—to dissect the potential paths the system could follow and the likely consequences.

Through this blog, my goal is to offer an informed perspective on the future of the criminal justice system, informed by my studies, research, and firsthand experience.

Join me in this exciting exploration as we contemplate the fate of the criminal justice system. Your feedback and engagement are crucial as we collectively envision a future where justice prevails and thrives.