When a criminal justice system collapses, society swiftly follows. Alarmingly, the UK is on this path as our system is now at breaking point. But as the general election draws near, there has been near silence from our politicians on this crisis.
Over the years, the failing justice system has dominated headlines: from the massive court case backlogs and our overcrowded prisons, to budget cuts and the criminal barristers’ strikes.
Criminal barristers are now exiting the profession at an alarming rate. Taking on legal aid cases has become increasingly unprofitable, as the small fee increase they won after months of strikes has been “gobbled up by rising inflation”, as one barrister put it.
Despite being in a desperate state, politicians and the public display a glaring lack of urgency for the system compared to the passionate support the NHS commands.
One major reason for this is the widespread lack of understanding of the justice system’s mechanics. For instance, Labour leader Keir Starmer is regularly criticised for his past as a criminal barrister, with sensational headlines about the ‘dangerous’ people he defended. Yet these reports conveniently omit the ‘cab-rank rule,’ which mandates barristers to accept all cases that come their way to ensure equal access to justice for everyone.
Another issue is the dangerous misconception that the criminal justice system concerns only “bad people.” This belief keeps it low on the public’s list of priority issues, but this indifference will shatter when the system’s failures come knocking at your door someday.
Imagine this: one day, you get a call from your university-aged son or daughter who has been caught with drugs. Or perhaps, after a long day at the office, you come home to find your house has been broken into and valuables stolen. Or maybe, after having one too many drinks, you drive and cause an accident, injuring someone.
Crime does not discriminate, and the gaping flaws in our justice system will then become your nightmare.
“Whichever government is elected, we hope that there will be a plan for investment rather than cuts to the justice system, which is fundamental to a free society.”
Tana Adkin KC, chair of Criminal Bar Association
Labour has pledged to reduce the court backlogs, enhance prosecution resources, and adhere to the European Convention on Human Rights, while the Conservatives have pledged to expand legal aid at inquests, sustain nightingale court rooms, and cut the court backlog – a problem of its own making.
But it is far from a top line talking point.
Both politicians, and the public, need to pay urgent attention to this crisis. It can’t be ignored any longer.
THE CRIMINAL JUSTICE CRISIS IN NUMBERS
683
This is now the average number of days it takes for a criminal case heard in the Crown Court to complete.
67,573
Number of outstanding criminal cases before the Crown Courts – a 78 per cent increase from 2019.
164
The number of Magistrates’ Courts that have been shut down between 2010 and 2020.