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Christopher Martin
Helms School of Government, Liberty University
Author Note
Christopher Martin
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Christopher Martin
Email: cmartin80@liberty.edu
England's Criminal Justice System
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England's Criminal Justice System
Introduction
With a combined geographical area about equivalent to the state of Michigan and a
population around half that of Spain, two nations that comprise the United Kingdom (England
and Wales) lie northeast of France, divided by the English Channel and about half the size of the
country of Spain. England, with its rich history and culture, has made substantial contributions to
the international economy in the fields of manufacturing and technology. The capital of the
United Kingdom is the city of London, which also has a population of about nine million people
and is regarded to be a global financial, cultural, and economic hub (Spencer, 1998).
The highlands and the lowlands are the two geographical zones that separate England and
Wales. An area of undulating plains and valleys, the Lowlands may be found in both the southern
and central regions of England. The Highlands is comprised of the Pennines, the Cumbrian
Mountains, the Cambrian Mountains (Wales), and the South West Peninsula, and are located in
northern and western England, as well as the majority of Wales.
People and Society
England and Wales have a combined population of over 57 million people, with the vast
majority of them (83 percent) residing in metropolitan cities such as London, Manchester,
Liverpool, Birmingham, Leeds, Nottingham, and Southampton, among others (Spencer, 1998).
People from all over the globe have moved to the United Kingdom throughout the course of the
country's lengthy history. Since 2017, the majority of people that immigrate to the United
Kingdom have come from countries that are members of the European Union (EU) (40.5
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percent). White people make up the majority of the population (87 percent), accompanied by
black people (3 percent), Indian people (2.3 percent), and a variety of other ethnic groups.
The Economy
Achieving industrial and economic dominance was a national priority for the United
Kingdom at its apex (Terrill, 2015). Following World War II, the nation took a long time to
reconstruct, and as a result, the United Kingdom has been no longer the economic powerhouse it
had been before to the conflict. However, this does not imply that the economy of the United
Kingdom has no influence on the wider globe today. The English economy has always been
regarded as one of the world's biggest, ranking third in terms of output per capita. England is a
world leader in the manufacture of heavy equipment, and it also has significant fishing,
agricultural, and oil sectors to its credit (Terrill, 2015). The pound sterling is the currency of
England, and it is one of the most widely traded currencies in the world (Desjardins, 2016).
Transnational Issues and The Law
There are transnational issues and crimes relating to criminal activity that cross national
borders such as human trafficking, illegal drug trafficking, money laundering, and weapons
trafficking, and the governing authority in the affected country does not have the authority to
bring criminal charges against those who are responsible (Fisher, 2017).
Transnational crime has been on the increase in both the United Kingdom and the United
States in recent years. As per Meers (2018), the United Kingdom also emerged as a major hub for
money laundering, sex trafficking, drug trafficking, and the trafficking of guns. It has become
more difficult for law enforcement to enforce the laws and bring offenders to justice as a result of
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the use of technology by criminals (Meers, 2018). Money laundering charges were brought
against two persons, one from Russia and the other from Lithuania, in December 2021. Both
were convicted of the crime. These individuals were able to launder about £70 million in illegal
proceeds out of the United Kingdom by using a complex scheme that took detectives nearly four
years to unravel (National Crime Agency, 2021).
Associations to the United States
The United States and the United Kingdom have had a long-standing connection that
dates back several hundred years. During the Spanish-American War and continued through the
two World Wars, the alliance between the two nations started to take on shape (U.S. Department
of State, n.d.). With a relationship that can only be defined as a love/hate affair, the United States
and the United Kingdom transformed themselves from foes to reliable allies. Over the last
several years, the two nations have maintained their strong connection, which is a manifestation
of the shared aims and ideals of democracy between the two countries. Together, the two nations
are working to fight global terrorism, mediate disputes amongst Middle Eastern countries, battle
transnational crimes, and challenges, and address a wide range of other political, security, and
economic concerns (U.S Department of State, n.d.).
Government Structure in Connection to the Criminal Justice System
In the Bible, it says, “For the one in authority is God’s servant for your good. But if you
do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants,
agents of wrath to bring punishment on the wrongdoer” (Romans 13:4, NIV). The constitution of
the United Kingdom. Constitutional monarchy governs the United Kingdom, with the Monarch
serving as the Head of State, in this instance, Queen Elizabeth II, of the United Kingdom of
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Great Britain and Northern Ireland. According to Terrill (2015), the constitution of the United
Kingdom is not the same as the constitution of the United States, which is a collection of legal
and political views. Instead, the constitution of the United Kingdom is founded on a blend of
precedent, custom, and statute law, all of which have been enacted by the Parliament of the
country (Terrill, 2015). Numerous precedents and customs from the English constitution have
served important roles in the development of various constitutions across the globe, including
those of several countries in the United States of America (US Constitution). The Magna Carta in
1215, which was the first of its kind and granted rights to the upper class (Terrill, 2015), the
English Bill of Rights in 1688, which included freedom of expression during proceedings in
Parliament and the prohibition of excessive bail (Terrill, 2015), the Act of Settlement 1700, and
several other acts all contribute to the foundation of the English government's legal framework.
The police in the United Kingdom are not under the control of a single national police
organization; instead, police duties in England and Wales are divided among 41 provincial police
districts, the City of London Police Department, and the Metropolitan Police Department. Unless
they are assigned to a specific unit such as dignitary security or an armed response team, law
enforcement personnel in the United Kingdom are not armed in the same way that their
colleagues in the United States are. (Law Library - American Law and Legal Information - JRank
Articles, n.d.). National, municipal, and county law enforcement agencies are all treated equally
by the police in the United Kingdom (Law Library - American Law and Legal Information -
JRank Articles, n.d.). The police do not report to a specific central government agency; rather,
they are under the supervision of the central government, the local government, and the police
themselves (Law Library - American Law and Legal Information - JRank Articles, n.d.).
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The Home Office, which is overseen by a politician known as the home secretary, is at
the very top of the law enforcement system in the UK (Terrill, 2015). A member of Parliament,
the home secretary is a senior member of the Prime Minister's Cabinet whose powers and
responsibilities are set down in statute law (Terrill, 2015). With regard to the manner, in which
police will approach regional and national threats, the Home Office establishes the direction that
will be followed by police (Terrill, 2015).
It is the monarchs, rather than the cities or districts that police officers serve in London
and Wales, who serve as their masters (Terrill, 2015). According to the 1962 Report of the Royal
Commission, police officers in the United Kingdom have responsibilities that are comparable to
those of their American counterparts. A police officer's primary responsibilities include
maintaining law and order to protect citizens and property, preventing crime, identifying
criminals, interrogating suspects, and participating in the preliminary stages of the legal process;
maintaining roadways and informing local authorities of road conditions; and assisting those who
require their assistance and responding to all types of emergencies (Terrill, 2015).
Investigations into criminal acts are carried out by the police, and when there is sufficient
evidence to charge the perpetrator, the matter is sent to the Crown Prosecution Service (CPS).
The CPS does not provide an investigation role; instead, it evaluates cases that have been
referred to it by the police and assesses whether or not the case should be prosecuted (Law
Library - American Law and Legal Information - JRank Articles, n.d.).
The Constitution of the United States and the Bill of Rights serve as the foundation of the
country's legal system. As previously noted, since the United Kingdom does not have a
constitution, the courts depend on legislation approved by Parliament and precedent to determine
their decisions (Terrill, 2015). The judicial hierarchy in the United Kingdom has seen substantial
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changes during the last two decades, as shown here. With a total of ten judges, a President, and
one deputy President, the Supreme Court serves as the highest court in the United Kingdom
(Szepietowsk, 2021). It was established in 2009 after the passage of a legislative statute in 2005,
making it a relatively new addition to the United Kingdom's legal system. Most criminal and
civil appeals from the Court of Appeals are brought before the Supreme Court (Terrill, 2015).
There are two divisions in the Court of Appeals, one for criminal cases and one for civil
cases. The Court of Appeals is under the Supreme Court, and it is the premier appellate court in
England and Wales (Terrill, 2015). It serves as both an appellate and originating court, and it sits
immediately below the Court of Appeals. Three divisions make up the High Court: Chancery,
Queens Bench Court, and Family. The Queen's Bench Court is the most prominent division,
dealing with appeals from the Crown Court and initial charges for both civil and criminal
offenses. The Chancery division deals with civil and criminal cases, while the Queen's Bench
Court handles criminal and civil appeals (Terrill, 2015).
The Crown Courts are responsible for dealing with heinous crimes such as murder, rape,
and robbery. The Crown Court hears all matters that have been referred by the Magistrates Court,
as well as any appeal petitions from the lower court level. On average, a jury judges guilt or
innocence in the Crown Court, and a judge chooses the punishment of an accused person who
has been found guilty. Criminal trials are presided over by three judges.
Criminal procedures begin with the Magistrates Court, which is responsible for handling
summary crimes such as traffic violations, petty criminal damage to property (such as
vandalism), and common assaults. The Magistrates may also hear cases involving more serious
charges such as burglary and narcotics offenses, which are considered "either way" situations by
the courts. In "either way" instances, either the Magistrate Court or the Crown Court has
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jurisdiction. District judges or a panel of two or three judges handle cases at this level, and there
are no juries present.
Scenario
Allen Jenkins, together with a group of college buddies, came from Newark, New Jersey,
to London, England, for a sightseeing excursion and to view the sites. After a long day of
touring, Allen and his pals decided to stop at a bar on the way back to their hotel for a drink.
Allen had taken a large quantity of alcohol while at the bar, and he made the decision to drive his
rental vehicle back to the hotel, much to the dismay of his buddies. Allen was driving on the right
side of the road on the way back to the hotel, despite the fact that automobiles in England are
intended to be driven on the left side of the road. While walking back to his hotel room, Allen
saw red and blue lights flashing behind him. He was just a few minutes away from his
destination. Allen had pulled over to the side of the road and placed his vehicle in park when the
incident happened.
The Arrest
As a result, Allen lowers the window and starts speaking with a Metropolitan police
officer, who approaches him from behind the wheel. Identifying himself as Officer Hill, the
officer asks for the driver's license and insurance information, as well as his Ministry of
Transportation (MOT) certification. Upon seeing Officer Hill, Allen shows him his Ohio driver's
license and informs him that he is on vacation with his pals. Officer Hill informs Allen that he
pulled over his car on the assumption that Allen was driving under the influence of alcohol, in
accordance with Section 3 of the Road Traffic Act (1988). Officer Hill then requests Allen to get
out of the vehicle and undertake roadside tests to determine whether or not he is legally
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intoxicated. Allen gets out of the vehicle, but he refuses to participate in the roadside
examinations. Afterward, Officer Hill reminds Allen that he is required to provide a preliminary
breath sample, which Allen declines once again. In response, Officer Hill informs Allen that he is
required to comply with police and submit to any preliminary testing and that he may be arrested
under Section 6 of the Road Traffic Act (1988). As a result of Allen's continued refusal, Officer
Hill takes him into custody at this time.
Specific Law
Officer Hill clarifies that he is being arrested for Drink Driving, and that is a violation of
Section 4 of the Road Traffic Act (1988), that also states in subsection 1 that "A person who,
while driving or attempting to drive a mechanically propelled vehicle on a road or other public
place, is unfit to drive due to alcohol or drugs is guilty of an offense" (Road Traffic Act, 1988).
Officer Hill then continues to inform Allen that he is not fit to drive owing to his level of
drunkenness and that, in order to ensure the safety of the public, he must be arrested and taken
into custody. In the United Kingdom, the legal alcohol limit is 35 micrograms per 100 milliliters
of breath, which is comparable to a BAC of.08 (Government Digital Service, 2014).
Sections 6 and 6a of the Road Traffic Act (1988) allow police officers in uniform the
ability to order drivers to submit to all roadway tests, including a preliminary breath test, if they
are in the course of their duties. If the motorist fails to comply, he or she will be arrested and the
car will be confiscated, with a £200 release cost and an extra £20 every day the vehicle is kept in
storage assessed (Department for Transport, n.d.).
Initially, Officer Hill was entitled to conduct the stop under Rule 264 of the California
Highway Code, which specifies that cars must stay in the left lane unless they are passing
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another vehicle (Department for Transport, n.d.). Officer Hill would also be entitled to perform a
vehicle stop in accordance with Section 4 of the Road Traffic Act (1988) in light of Allen's
erratic driving.
The Arrest Process
When they get to the police station, Officer Hill takes Allen in for questioning. Upon
arrival, Officer Hill clarifies Allen's rights, that included free legal advice, advising others where
Allen has been placed if Allen is experiencing symptoms, seeing the regulations for police
conduct by that they must adhere, and seeing a notification regarding his rights while being in
custody, for instance, frequent meal options and also an 8-hour break to sleep if such defendant is
in captivity for any more than 24 hours (Government Digital Service, 2015). While in police
detention, he is informed that he is protected by his constitutional rights. This is a lot like the
Warning, although there are a few notable distinctions. Even while Allen has the right to stay
quiet, a similar caution to that found in Miranda warns that doing so may be detrimental to
Allen's case (Government Digital Service, 2015). Allen's statements to the police, according to
the English caution, might be used as evidence (Government Digital Service, 2015).
Allen had to provide two breath samples to Officer Hill while he was in the station. In
light of the Road Traffic Act (1988), Officer Hill states that he did not need Allen's consent to
acquire a sample for testing. Allen cooperated with this information and submitted two samples,
each of which was three times the legal limit of alcohol. As in the United States, Officer Hill
performed fingerprinting and photographing, which is identical to the booking process.
Additionally, in the United Kingdom, Officer Hill explains, Allen must give a cheek and palm
swab specimen of his DNA (Government Digital Service, 2015).
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Officer Hill then locked Allen up in a cell once the booking procedure was complete.
Allen inquired of Officer Hill as to the purpose of his confinement in a cell. Officer Hill then
stated that, under section 10 of the 1988 Road Traffic Act, he has the authority to detain Allen
until his BAC falls below the permissible limit. Officer Hill says that the legislation considers the
possibility that Allen may be prosecuted under Section 4 of the Road Traffic Act again if he were
to operate a vehicle after his release. Allen was freed from prison with an order to appear in court
on the scheduled day after a few hours of sleep, breakfast supplied by the police, and a breath
sample that was below the legal limit.
Do not repay anyone evil for evil. Be careful to do what is right in the eyes of
everyone. If it is possible, as far as it depends on you, live at peace with everyone.
Do not take revenge, my dear friends, but leave room for God’s wrath, for it is
written: “It is mine to avenge; I will repay,” says the Lord. (Romans 12:17-19,
NIV)
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