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The criminal justice system in England and. Wales is the historical pioneer of the common law type of legal system. In England, courts expanded.
Typology: Study notes
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England and Wales
Corretta Phillips, Rutgers U n i v e r s i t y Gemma Cox, U n i v e r s i t y of M a n c h e s t e r Ken Pease, U n i v e r s i t y of H u d d e r s f i e l d
This country report is one of m a n y p r e p a r e d for the W o r l d Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant no. 90- BJ-CX-0002 to the State U n i v e r s i t y of N e w York at Albany. The project d i r e c t o r was Graeme R. Newman, but r e s p o n s i b i l i t y for the a c c u r a c y of the i n f o r m a t i o n c o n t a i n e d in each report is that of the individual author. The contents of these reports do not n e c e s s a r i l y reflect the views or policies of the Bureau of Justice S t a t i s t i c s or the U.S. D e p a r t m e n t of Justice.
I. Political System. "England and Wales has an u n w r i t t e n or, more appropriately, an u n c o d i f i e d constitution. The British c o n s t i t u t i o n is a blend of statute law, precedent, and t r a d i t i o n dating back to the time of King Henry I (Ii00)." The Magna Carta (1215), the Bill of Rights (1688), and the Act of Settlement (1700) represent the three m a j o r statutes that define British legal and p o l i t i c a l history. (Terrill, 1984:2). D e l e g a t e d legislation, t y p i c a l l y in the form of 'statutory instruments' may be p r o m u l g a t e d by G o v e r n m e n t m i n i s t e r s or departments. Parliament, composed of the Monarch, the House of Lords, and the House of Commons, may annul such l e g i s l a t i o n and courts may c h a l l e n g e such l e g i s l a t i o n as being ultra vires (beyond the competence) of those who i n t r o d u c e d it. Acts of P a r l i a m e n t can o v e r r i d e common law provisions, and in principle, deny e s t a b l i s h e d rights. In practice, courts faced with such a s i t u a t i o n w o u l d be likely to subvert the intentions of P a r l i a m e n t by the use of p e r v e r s e i n t e r p r e t a t i o n s in i n d i v i d u a l cases. Later Acts take p r e c e d e n c e over earlier ones. M e m b e r s h i p in the European Union entail adherence to European C o m m u n i t y law, w h i c h takes p r e c e d e n c e over both l e g i s l a t i o n and common law.
a d v e r s a r i a l in all courts, i n c l u d i n g the j u v e n i l e courts. The p r o s e c u t i o n must d i s c l o s e relevant i n f o r m a t i o n to the defense, but the c o r r e s p o n d i n g duty on the d e f e n s e does not exist.
I. C l a s s i f i c a t i o n of Crime.
Legal classification. While there are m a n y ways of c l a s s i f y i n g crimes, they are l a r g e l y d i s t i n g u i s h e d on the basis of their seriousness. In addition, offenses may be c l a s s i f i e d a c c o r d i n g to the p r o c e d u r e by which a case is b r o u g h t to trial (in a magistrates' court only, by indictment, or t r i a b l e - e i t h e r - w a y in a magistrates' or the higher Crown Court), a c c o r d i n g to the a v a i l a b i l i t y of the s a n c t i o n of imprisonment, or in terms of the Home O f f i c e ' s Standard List of more serious offenses.
Age of criminal responsibility. The age of criminal r e s p o n s i b i l i t y in England and Wales is
P r o p e r t y Crime. In 1994, 93% of the total 5. m i l l i o n offenses were against property, i n c l u d i n g burglary, theft, criminal damages and fraud.
Serious drug offense. In 1994, there were 17,569 r e p o r t e d offenses of t r a f f i c k i n g in c o n t r o l l e d drugs.
Crime regions. Nearly half of the total of 5. m i l l i o n n o t i f i a b l e offenses were r e c o r d e d by the police in m e t r o p o l i t a n police areas, w h i c h also had higher per capita crime rates than the non- m e t r o p o l i t a n areas. Rural areas had the lowest crime rates, w h i l e the highest rate was in Humberside, with 15,357 offenses per 100, population, followed by N o t t i n g h a m s h i r e and Cleveland, with rates of 14,837 and 14,609 per 100,000 population, respectively.
I. Groups Most V i c t i m i z e d by Crime. The British Crime Survey is a p e r i o d i c crime v i c t i m i z a t i o n survey which has been c a r r i e d out in England and Wales during the years 1982, 1984, 1988, 1992 and 1994. Some i0,000 r e s p o n d e n t s (14,500 in 1994) were i n t e r v i e w e d in each of the years about crimes they suffered personally, and about crimes which their resident h o u s e h o l d had suffered. The British Crime Survey r e v e a l e d that the rise in crime b e t w e e n 1981 and 1993 was less steep than measures of recorded crime in the annual Criminal Statistics. The Surveys show that young males have the highest risk of violent victimization. In 1992, 8 out of 10 street assaults involved male victims. M u g g i n g victims, however, were d i v i d e d equally b e t w e e n males and females. The largest number of d o m e s t i c assaults involved partners, e x - p a r t n e r s or family. In 1992, nearly 50% of the assaults i n v o l v i n g female victims were of this type, yet just over 1% of all women reported one or more incidents of d o m e s t i c violence. Thus, women have less risk than men of violence, except in the categories of d o m e s t i c assault and mugging. The survey also e x a m i n e d repeat victimization. Persons are more likely to be repeat victims of violent crimes than p r o p e r t y crimes. In the 1992 survey it was found that 33% of violent crime victims were i n v o l v e d in incidents more than once, e s p e c i a l l y female victims of d o m e s t i c assault. O n e - t h i r d of violent crime incidents against A f r o - C a r i b b e a n and Asians were b e l i e v e d to be racially motivated. Most incidents of
racial v i o l e n c e or threats were p e r p e t r a t e d by young men aged 16-21 who were strangers to the victim. T h r e e - q u a r t e r s of A s i a n victims were a t t a c k e d by more than one offender. People of an A f r o - C a r i b b e a n or an A s i a n b a c k g r o u n d were more likely to be crime victims than w h i t e people. A f r o - C a r i b b e a n s were more often v i c t i m i z e d in their homes, while Asians e x p e r i e n c e d a higher frequency of v a n d a l i s m and robbery. Despite their high levels of fear, the e l d e r l y are i n f r e q u e n t victims of violent assault. (Aye M a u n g and M i r r l e e s - B l a c k , 1994). The I n t e r n a t i o n a l V i c t i m i z a t i o n Survey shows E n g l a n d and Wales to have a higher p r e v a l e n c e of v i c t i m i z a t i o n than the E u r o p e a n a v e r a g e of 23%. The country had the highest rate of car theft among the twenty p a r t i c i p a t i n g countries at 3.3%, and the third highest rate of theft from cars at 8.7%. It had the sixth highest rate of b u r g l a r y with entry and the tenth highest rate of the combined c a t e g o r y of robbery and p i c k p o c k e t i n g. As for sexual incidents, assaults and threats, England and Wales was eleventh highest at 3.5%.
Organiza'tion (Interpol) is p r o v i d e d by the M e t r o p o l i t a n Police. Other central bodies are the National Drugs I n t e l l i g e n c e Unit and a N a t i o n a l Criminal I n t e l l i g e n c e Service (NCIS). The Police N a t i o n a l C o m p u t e r records, inter alia, r e g i s t r a t i o n and relevant h i s t o r y of all m o t o r vehicles.
Expenditures. E x p e n d i t u r e s on the p o l i c e service in England and Wales for 1993/94 was e million, an increase of 41 per cent since 1986/87.
Number of police. In 1994, there were 127, sworn p o l i c e officers and 50,978 c i v i l i a n s e m p l o y e d by the 43 p o l i c e forces. As of D e c e m b e r 1994, 14 per cent of these officers were female and 1.6 per cent officers serving in E n g l a n d and Wales were of an ethnic minority. R e c r u i t m e n t campaigns for such officers p e r i o d i c a l l y appear in the press.
A v a i l a b i l i t y of police automobiles. The number of motor vehicles used by police officers in England and Wales was 24,304, a m o u n t i n g to 19. per i00 officers.
E l e c t r o n i c equipment. Each force has a c o m p u t e r i z e d crime recording s y s t e m and control and d i s p a t c h system.
Weapons. Arms are not r o u t i n e l y carried. However, recent d e v e l o p m e n t s in 1994 have led to p r o n o u n c e m e n t s by Chief Officers in urban areas that arms will be carried more often in response to the p e r c e p t i o n that p r o f e s s i o n a l criminals now carry firearms. The s t a n d a r d w e a p o n c a r r i e d by all officers is a wooden staff or truncheon. A weapon capable of i n f l i c t i n g more harm, a s i d e - h a n d l e d baton, promises to replace the t r u n c h e o n in the near future.
and record the grounds for taking this a c t i o n and record what was found. In 1995, the p o l i c e r e c o r d e d 690,300 stops and searches of persons and/or vehicles, an increase of 20 per cent over the p r e v i o u s year. T w e l v e per cent of searches led to an arrest. The p o l i c e have powers to enter and s e a r c h p r e m i s e s and to seize and retain property. The p o l i c e may seize a n y t h i n g which on r e a s o n a b l e grounds is b e l i e v e d to be e v i d e n c e of the o f f e n s e under investigation, or of any other, or w h i c h had been o b t a i n e d following an offence.
D e c i s i o n to arrest. A r r e s t may occur w i t h o u t a w a r r a n t where a person is r e a s o n a b l y s u s p e c t e d of having c o m m i t t e d an a r r e s t a b l e offense, or a m a g i s t r a t e may issue a warrant.
Use of force. The Police and Criminal E v i d e n c e Act 1994 allows a p o l i c e c o n s t a b l e to use r e a s o n a b l e force if n e c e s s a r y to d e t a i n or search a p e r s o n or vehicle. What is r e a s o n a b l e force will d e p e n d on the c i r c u m s t a n c e s and the extent to which the citizen resists.
Legal advice. One of the most i m p o r t a n t rights a v a i l a b l e to those d e t a i n e d on the s u s p i c i o n of c o m m i t t i n g an o f f e n c e is the right to free and i n d e p e n d e n t legal advice. Persons d e t a i n e d at the police station must be n o t i f i e d of their right to free legal advice by the c u s t o d y officer. Legal advice can be o b t a i n e d r e g a r d l e s s of means, p r i v a t e l y or through the Duty S o l i c i t o r Scheme.
A d m i s s i o n s. No national data is a v a i l a b l e on the p r o p o r t i o n of suspects who admit the o f f e n c e for which they have been arrested.
Right of silence. Suspects may opt to remain silent d u r i n g i n t e r v i e w s with the police. U n d e r the C r i m i n a l Justice and Public O r d e r Act 1994 however, the court, under certain circumstances, may d r a w a d v e r s e i n f e r e n c e s where suspects e x e r c i s e this right.
formal caution a d m i n i s t e r e d by the police, used d i s p r o p o r t i o n a t e l y for young offenders, or by d i s c o n t i n u a n c e of a case by the Crown P r o s e c u t i o n Service. A formal c a u t i o n requires that c e r t a i n c o n d i t i o n s be satisfied, i n c l u d i n g the a d m i s s i o n of the o f f e n s e and the w i l l i n g n e s s of the offender, or his or her legal g u a r d i a n if the o f f e n d e r is a juvenile, to p r o c e e d as the p o l i c e wish. A m o v e m e n t is c u r r e n t l y under way to p e r s u a d e the G o v e r n m e n t to permit legal aid for m e d i a t i o n p r o c e d u r e s as an a t t e m p t to avoid the court process.
Pre-trial i n c a r c e r a t i o n conditions. T h e r e are limits to the length of the remand period. In m a g i s t r a t e s court trials, the d e f e n d a n t m u s t not be in c u s t o d y more than 56 days from their first court a p p e a r a n c e to trial. If there is a c o m m i t t a l for trial to the Crown Court, this m u s t take place w i t h i n 70 days of the first court appearance. If a plea has not been taken w i t h i n 112 days of committal the d e f e n d a n t is e n t i t l e d to bail unless the court extends the limit. To do this properly, the court must be s a t i s f i e d that the p r o s e c u t i o n has acted as swiftly as was r e a s o n a b l y possible.
Bail Procedure. The police may release an a c c u s e d person on bail. Under new p r o v i s i o n s in the C r i m i n a l Justice and Public Order Act 1994 the p o l i c e can attach bail c o n d i t i o n s to a p e r s o n ' s bail b e f o r e the first court appearance. If bail is not g r a n t e d by the police, a swift a p p e a r a n c e before a m a g i s t r a t e s court occurs. There is a p r e s u m p t i o n in favor of bail under the Bail Act of
*Legal advice is a v a i l a b l e to all d e f e n d a n t s charged with an offense. Duty s o l i c i t o r s are on hand at the court to p r o v i d e legal r e p r e s e n t a t i o n , or defendants, p a r t i c u l a r l y those with p r i o r k n o w l e d g e of the criminal justice system, m a y use the services of a p r i v a t e s o l i c i t o r b e f o r e their a p p e a r a n c e at court.
Lords. Otherwise, complete or p a r t i a l p a y m e n t of legal costs is made a v a i l a b l e if the d e f e n d a n t is d e e m e d to require such a s s i s t a n c e after a means inquiry.
J U D I C I A L S Y S T E M
i. A d m i n i s t r a t i o n. All cases first appear in m a g i s t r a t e s ' courts, which are also known as courts of first instance. The magistrates' courts d e c i d e if the nature of the offense is a p p r o p r i a t e for that court and w h e t h e r the parties consent to try the o f f e n s e in that court. A l t e r n a t i v e l y , the court m a y decide to commit the a c c u s e d for trial in the Crown Court.
It is p o s s i b l e for a case to be tried in a m a g i s t r a t e s court and but s e n t e n c e d in the Crown Court. That is, if the m a g i s t r a t e s ' court assesses the facts as m e r i t i n g a s e n t e n c e b e y o n d its powers to impose, the a c c u s e d may be c o n v i c t e d in the m a g i s t r a t e s court but c o m m i t t e d to the Crown Court for sentencing. The Crown Court sits in a p p r o x i m a t e l y 90 centers in E n g l a n d and Wales. Judges, s o m e t i m e s sitting with lay magistrates, a d j u d i c a t e in these courts. M a t t e r s of fact are d e t e r m i n e d by a 12- p e r s o n jury c o m p o s e d of p e o p l e b e t w e e n 18 and 70 years of age. V e r d i c t s may be d e l i v e r e d by a 10 to 2 majority, and guilt must be e s t a b l i s h e d b e y o n d a r e a s o n a b l e doubt. If c o n v i c t e d by a m a g i s t r a t e s ' court, a person may appeal to the Crown Court a g a i n s t the sentence. A p p e a l s from the Crown Court are brought to the Court of Appeal C r i m i n a l Division. If an i m p o r t a n t point of law is entailed, the appeal is then brought to the House of Lords. The A t t o r n e y General, who is a G o v e r n m e n t m i n i s t e r and has u l t i m a t e o v e r s i g h t of the p r o s e c u t i o n process, may also refer a case to the Court of Appeal if a s e n t e n c e is d e e m e d too lenient.
closely to o f f e n d e r income was q u i c k l y a b a n d o n e d after some w e l l - p u b l i c i z e d cases had r e s u l t e d in large fines and vice versa for a p p a r e n t l y trivial offenses.) A r o u n d 80% of offenders found g u i l t y are fined. An order for financial c o m p e n s a t i o n to a v i c t i m may be i m p o s e d either as the t o t a l i t y of a p e n a l t y or in a d d i t i o n to a fine. M a x i m u m amounts also exist for financial compensation. The p r o b a t i o n order has h i s t o r i c a l l y been i m p o s e d as an a l t e r n a t i v e to sentencing, but is now itself a sentence. C o m m u n i t y work of up to 240 hours, or a c o m b i n a t i o n of p r o b a t i o n s u p e r v i s i o n and c o m m u n i t y work m a y now be given, and more r e c e n t l y c u r f e w orders have been imposed. A s e n t e n c e of i m p r i s o n m e n t may be s u s p e n d e d or may be i m p o s e d to begin immediately.
P r o p o r t i o n of p r e - t r i a l offenders i n c a r c e r a t e d. In 1994, 69,200 persons r e c e i v e d c u s t o d i a l sentences. S e v e n t e e n per cent of those found g u i l t y of i n d i c t a b l e offences were s e n t e n c e d to immediate custody. The average s e n t e n c e l e n g t h of adults males r e c e i v e d into c u s t o d y in 1994 was 16 months.
Death penalty. For all p r a c t i c a l purposes, the death p e n a l t y has been a b o l i s h e d in E n g l a n d and Wales.
PRISON
i. Description.
N u m b e r of p r i s o n s and type. Prisons are s e g r e g a t e d by sex and age, with young o f f e n d e r i n s t i t u t i o n s h o u s i n g persons under 21 years-old. As of N o v e m b e r 1995, there were about 130 prisons, of which four were c o n t r a c t e d out and run by the p r i v a t e sector. Prisoners are c l a s s i f i e d into one of four s e c u r i t y categories, and must be h o u s e d in a prison with a s e c u r i t y c l a s s i f i c a t i o n at least that of their i n d i v i d u a l s e c u r i t y class. The I n s p e c t o r a t e of Prisons p e r i o d i c a l l y writes reports on i n d i v i d u a l prison e s t a b l i s h m e n t s and is often e x t r e m e l y critical of them. A series of p r i s o n riots in 1990, of which the most serious was at S t r a n g e w a y s in Manchester, has r e n d e r e d a u t h o r i t i e s e x t r e m e l y s e n s i t i v e to any d e t e r i o r a t i o n in p r i s o n conditions. In England and Wales there are secure prisons, local prisons, closed and open t r a i n i n g prisons, closed and open young o f f e n d e r institutions, and remand centres for men and women.
A v e r a g e annual population. This was 48,983 at
male e s t a b l i s h m e n t s in 1995, and 1,979 at female establishments, the highest total ever.
Number of prison beds. At June 30, 1995 there were 50, 251 in-use C e r t i f i e d Normal A c c o m o d a t i o n , creating a total excess of 796 (including those in police cells) of the annual average p o p u l a t i o n in custody.
P o p u l a t i o n under sentence. As of June 30, 1995, there were 37,900 male inmates serving s e n t e n c e s in England and Wales, not i n c l u d i n g the remand population. As of June 30, 1995, the total female s e n t e n c e d prison p o p u l a t i o n was 1,480.
Number of prison guards. As of M a r c h 1995, there were 24,000 staff e m p l o y e d as p r i s o n officers. Of 826 prison officers r e c r u i t e d in 1994/5, 659 were men, 167 were women and 24 were from ethnic minorities.
T r a i n i n g and qualifications. New entrant p r i s o n officers u n d e r t a k e a training course for 9 weeks. The course includes i n t e r a c t i v e skills training, physical education, control and r e s t r a i n t s training, and l e a r n i n g about suicide prevention, equal opportunities, and race relations.
E x p e n d i t u r e on prison system. In the financial year 1993-1994, the total e x p e n d i t u r e on p r i s o n s in England and Wales was e1509 million.
Panama, Paraguay, Peru, Portugal, Romania, Salvador, San Marino, S w i t z e r l a n d and Thailand. Finally, e x t r a d i t i o n b e t w e e n the R e p u b l i c of Ireland and the U°K. is c o n t r o l l e d by the 1965 Backing of W a r r e n t s Act, in a c c o r d a n c e with the 1978 S u p p r e s s i o n of T e r r o r i s m Act, w h i c h gives effect to the E u r o p e a n C o n v e n t i o n on the S u p p r e s s i o n of Terrorism. A current m a t t e r of active concern is the e x c h a n g e of criminal records among countries of the E u r o p e a n Union, p a r t i c u l a r l y in c o n n e c t i o n with citizens of the Union seeking e m p l o y m e n t in other countries of the Union.
Exchange and transfer of prisoners. I n f o r m a t i o n not obtained.
S p e c i f i e d conditions. I n f o r m a t i o n not obtained.
Aye Maung, N. and C. M i r r l e e s - B l a c k , R a c i a l l y m o t i v a t e d crime: a British Crime Survey analysis. Research and Planning Unit Paper 82. (London: Home Office), 1994. Barclay, G.C., w i t h C. Tavares and A. Prout, Digest: I n f o r m a t i o n on the C r i m i n a l Justice System in E n g l a n d and Wales. (London: Home Office Research and S t a t i s t i c s Department), 1995. Central Office of Information, Criminal Justice. (London: HMSO), 1992. Central Office of Information, Britain's Legal Systems. (London: HMSO), 1993. Central Office of Information, Citizen's Charter. (London: HMSO),