England
Scenario One Assignment
Aaliyah Edwards-Chambers
Helms School of Government, Liberty
University
CJUS 701
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England
Scenario One Assignment: England
Introduction
American consultant and former law enforcement officer Bernard B. Kerik once stated
“There is no greater threat to a free and democratic nation than a government that fails to protect
its citizen’s freedom and liberty as aggressively as it pursues justice.” In regard to criminal
justice amongst differing geographical regions, many forms of criminal justice systems exist
around the globe that support maintaining law and order as well as maintaining peace (Jones,
Ruddell & Summerfield, 2019). Attorney generals, jails, legal system, judicial officers, and
criminal justice organizations are a few transnational elements that are integrated to aid in
development of a more efficient criminal justice system through cooperation. Each geographical
location has these systems set in place in an effort to enforce penalties on those individuals who
are deemed to be engaging in unlawful activity (Jones et al., 2019).
Background
According to Terrill (2016) “England and Wales encompass an area of 58,350 square
miles […] Many of the roughly 57 million inhabitants live in the highly industrialized cities of
the country” (p.). The authors go on to explain that England is known for its manufacturing of
heavy machinery, agriculture, fishing, and oil and have had several impressive contributions in
the elements of science, philosophy, literature, the arts, creation of common law, and the
development of parliamentary democracy (Terrill, 2016). In regards to England’s governmental
system it appears that around the first half of the seventeenth century, “The modern basis for the
country’s political institutions was established. The power of the monarchy was curtailed, the
authority of the House of Commons was secured, and the emergence of political parties was
established” (). While those in England do not have a constitution, the basis of their system is
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comprised of elements from within: Tradition, precedent, and statute law, these are mostly based
on the law developed within parliament. Much like the United States, England also enforces a
bill of rights for their citizens. Some of the rights included in the bill include: “Members of
Parliament should be elected freely; Freedom of speech should be assured during the
proceedings of Parliament, and Excessive bail or fines should not be imposed, nor cruel and
unusual punishments permitted.” (Terrill, 2016, p. 21). A pertinent aspect of England was that in
1998 there was the creation of the Human Rights act which was implemented as a means to aid
with reform. The Human Rights act addressed rights in regard to topics such as: The right to life,
prohibition of torture, prohibition of slavery and forced labor, rights to liberty and security, rights
to a fair trial, etc. (Statute Law Database, 2014). England’s government is established through
parliament, which consist of the House of Commons, The House of Lords, and the Monarch. The
House of Commons operates as a means for discussion of issues and any/all pending means of
legislation. The House of Lords serves multiple roles, one of which is overseeing legislation
from within the House of Commons. Lastly, the Monarch exists as the aspect of the parliament
that has the least amount of power but does have the capacity to do certain job delegations such
as to announce whom has won an election. In England the Prime Minister is the head of the
government and they appear to be a unitary government in that England’s appears to be
centralized.
Relationship With United States
According to the United States Department of States (2022) “The United States has no
closer Ally than the United Kingdom. Following the end of the American Revolution in 1783, the
United Kingdom officially recognized American independence, and in 1785 our two countries
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established diplomatic relations. Other than a brief break in relations during the War of 1812, the
United States and the United Kingdom have remained durable partners and Allies” (paragraph 1)
Police
Similar to the other criminal justice systems around the world, England’s police
departments are governed by both local and central governments. It appears that England went
through multiple phases of development in regard to their policing system. It was not until the
1285 Statute of Winchester that there was any true public measure of an effort to develop a
system to navigate policing efforts locally (Terrill, 2016). Furthermore, according to Terrill
(2016) “ In 1361, the Justices of the Peace Act further clarified the approach to policing English
society. Keepers of the peace for each shire or county had been established by the justices of the
Peace Act of 1327. The 1361 statute gave these keepers formal recognition as justices” (p.). It
appears that in the eighteenth century the policing system looked to be inefficient but it was not
until the 1820’s when some politicians too notice to the pertinence of trying to bring change to
that of the noticed policing difficulties (Terrill, 2016). There had been many attempts at reform
in England however, “Politicians, however, feared that improvements in police efficiency would
enhance the authority of the monarchy. This was considered unacceptance at that time because a
majority in parliament attempted to reduce monarchical power. Many in England wanted to
mirror the police in France (Terrill, 2016, p. 31).It was Robert Peel that was responsible for the
development and implementation of the Metropolitan Police Force.
In what is now known as the Metropolitan Police Service, “This area encompasses 620 Square
miles and contains a population of more than seven million” (Terrill, 2016). It employs
individuals for several purposes with regard to the criminal justice system implemented in
England such as Community support officers, volunteer support offices, and administrative staff.
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They furthermore have units such as the Ministry of Defense Police or The British Transport
Police that focus more specifically on a focused matter as opposed to general policing. The
functions of the police are inclusive of duties such as: Police have the duty to maintain law and
to protect persons and property; Duty to prevent crime; Detection of criminals and, in the course
of interrogating suspected persons, they have a part play in the early stages of the judicial
process; The police in England and Wales have the responsibility of deciding whether or not to
prosecute persons suspected of criminal offences; In England and Wales the police themselves
conduct many prosecutions for the less serious offenses etc. These duties set an outline for the
expectations of members of law enforcement in England.
Courts
The court system is England is headed by the Supreme Court of the United Kingdom,
next would that of the Court of Appeal, and then the High Court. Under the High Court falls 3
divisions that of the: Chancery Division, Queen’s Bench Division, and Family Division. The
Queen’s Bench Division then splits into that of the County Courts and Crown Court and before
either of those is that of the Magistrate Court (Terrill, 2016).
In likeness with other court systems around the world England’s court system has processes and
appropriate measures that they take when dealing with cases. According to Courts and Tribunal
Judiciary (2022) “All criminal cases will start in the Magistrates’ court, but more serious criminal
matters are sent to the Crown Court. Appeals from the Crown Court will go to the High Court,
and potentially to the Court of Appeal or even the UK Supreme Court. Civil cases will usually
start in the County Court. Again, appeals will go to the High Court and then to the Court of
Appeal – although to different divisions of those courts. Lastly, the tribunals system has its own
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structure for dealing with cases and appeals, but decisions from different chambers of the Upper
Tribunal, and the Employment Appeals Tribunal, may also go to the Court of Appeal.”
In a news article by BBC News written by Dominic Casciani (2021), it appears that in
regard to the court system the courts were attempting to put a new plan in place that would
otherwise further restrict individuals’ capabilities to legally challenge judicial decisions.
According to the article, “Under the proposals, ministers say reforms will prevent the courts from
being abused and give judges new powers over how they implement decisions that go against the
government” (Casciani, 2021). This Bill was introduced in July of 2021 but got royal assent and
went officially into law in April of 2022.
Criminal Procedure
Criminal procedure refers to the way in which individuals who have been deemed
engaging in unlawful activity are processed within the criminal justice system of whichever
geographical location they are currently in. In England the initial process of criminal procedure
is that of the pre-trial process, which is inclusive of typical policing procedures, the ability and/or
offering of bail, followed by the pre-liminary hearing and lastly, the trial process, which mostly
concludes the individuals process through that of the criminal procedure (Terrill, 2016).
The ability for a law enforcement official to make an arrest must adhere to two requirements, one
that mandates using a warrant and one without a warrant. The duration of a suspect's detention
pending release or charges is known as the power to detain. In England, as in the United States
detainees cannot be imprisoned for more than twenty-four hours without ever being charged;
however, a court could grant authorization to detain a suspect for up to ninety-six hours. The
police have the authority to question individuals they suspect of committing a crime, however,
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similar to the United States, the individual has the right to remain silent during the questioning.
An individual that is detained reserves the right to make someone aware of their detainment and
has the right to legal aid in England as well (Terrill, 2016).
The concluding portion of this procedural process is that of the individual to be tried on
indictment. It is at this point in the procedure that the case is considered to be at Crown Court.
For adult charges, the case is heard in public and is allowed to be completely reported by the
press. After this comes the trial by Jury, and finally if the individual is convicted, they will be
indicted and charged with the crime. An individual reserves the right to appeal said charges, in
which the case would then transition in that of the appeals phase and would at some point, reach
the supreme court to be re-heard.
Jails and Prisons
One of the issues with England's jail system is that it is congested and unable to provide
service because there aren't enough programs available, and the number of inmates is gradually
diminishing. The English penal system does not have enough sufficient oversight, much as it
does in the United States. These problems are essential and require being rectified. According to
MacDonald (2018) “Overcrowded prisons can lead to insanitary, violent conditions that are
harmful to the physical and mental well-being of prisoners” (p. 66).
Furthermore, outside of the physical aspect of overcrowding, there also appear to be
concerns about the ethical nature of both the correction and court systems within England. One
such concern is that. Magistrates are only trained volunteers, yet they reserve the power to hold
initial hearings.
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One article by Yarwood (2013) indicates that jail time is less for females and more for
males with most men averaging approximately eighteen months while women average
approximately 12. Within the penal system of England, the general idea is that it is centered
around punishment as opposed to that of rehabilitative ambitions(Bailey, 2012). Jail facilities are
utilized for individuals who have committed crimes that land them less than a year of being
detained, while prisons are utilized to house those offenders that are going to get more than a
year of being detained. (Bailey, 2012).
The Crime
Upon graduation from my master’s program, I arrive in England expecting to enjoy a
week-long vacation with my significant other, younger sister and younger sister’s significant
other. Upon the first night the group decides to go to a local bar to celebrate the great
achievement of being the first in the family to receive a master’s degree. After a moderate
amount of drinks I begin to realize that my younger sister seems to be behaving oddly and
suggest that she go back to the hotel and call it a night. However, due to my sister being under
the influence she becomes upset and starts screaming loudly at me, climbing up on the bar
counter and knocking over several glasses of drinks, inclusive of the glasses belonging to the
group I am with and several of the bar-goes sitting beside our group. I attempt to persuade my
sister to get off the counter, however she does not appear to be listening no matter what I say. A
female bar-goer besides me becomes irritated and pushes my sister off the counter causing her to
fall, cutting her hand on broken glass. Although I am enraged with my sister’s behavior, I now
feel protective in seeing her hurt and attack the bar-goer who pushed her by punching her in the
face. The police show up shortly after and the bartended validating the story of the woman I
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attacked, reporting that he witnessed the assault first-hand. The police arrested me, and I am
taken back to what appears to be a local police department where I am processed through the
typical booking procedure and being informed of the rights bestowed on me. It is inquired if I
would like to engage with a legal representative and when I report that I do, the officer becomes
irate, and begins to question me anyway. In reality the questions he was asking were not difficult
in nature and simply asked for my version of events and how I was involved, however I refused
to answer the question, which the police tell me looks as if I’m uncooperative thus making a
worse case.
The police officer finally gives up questioning, seeing that I will not speak and allows
another officer to lead me into a different room in which I am finger-printed, and then lead to a
holding cell in which other individuals who are awaiting trial as like me. Once all appropriate
paperwork is completed, another officer leads me to the jail where I am stripped of my clothing
and giving typical jail-wear as I am booked for the night to await trial. Once allowed to see the
judge, I pleaded not guilty, believing that I was acting in protection of someone who was
vulnerable and in danger (my sister). The judge sets bail, but I am unable to pay it and the group
I was with, though not arrested, are now back home and have just been getting updated as the
opportunity presented itself. Without being able to pay bail, I am told that I will have to remain
in jail until the trial is completed.
With regard to criminal procedure in England the next steps would be to go from the
Magistrate court up to the crown court for my hearing. At my hearing I was determined not to be
guilty, as another witness came forward and validated the full story with proof. After 2 months I
am released, given my belongings, and sent back to the United States.
Analysis: Effectiveness
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After reviewing that of the criminal justice system of England it appears that it is fairly
effective. Similar to the United States , England has a process in which an individual reserves the
right to a fair and just process within the criminal justice system if suspected of committing a
crime. In regard to weaknesses, it does appear that Magistrates should have different levels of
training as criminal charges have the ability to impact an individual’s life to a great extent and
therefore, even if the magistrate only engages with the individual in the initial phase, they should
still require more training.
Another potential improvement that could be imposed is to introduce more rehabilitative
services into their prison systems. According to Robert and Hough (2005) “A common finding
around the world is that most people believe that prison conditions are quite easy; this belief
helps to explain low public levels of confidence in the prison system. Despite these trends, the
public does not wish to make prison life harsher merely for the purpose of punishment. People
want and expect prisoners to improve their lives while inside, although there is widespread
skepticism that rehabilitation is possible in today’s prisons” (p. 287). The expectation is that if an
individual has the option to rehabilitate while in prison, they are less likely to re-offend.
Human Rights Perspective
Outside of the officer, becoming irate when I requested a lawyer it appears that I was
treated in an appropriate manner in that I was put through the process in a timely manner, and
was ultimately able to be found not guilty of the crime I was suspected of. This may be in part
due to the guidelines formulated with the Human rights act that allowed for certain rights that I
reserved to not be violated despite my being in another country.
Biblical Worldview
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The first scripture that comes to mind is that of Ecclesiastes 3:17 which states “I said to
myself, “God will bring into judgment both the righteous and the wicked, for there will be a time
for every activity, a time to judge every deed.” This scripture resonates with me in that just like a
typical court system we will also be judged for any wrong doings by God. Furthermore, for those
who are heavily involved in their faith it reminds them that despite the outcome within any of the
criminal justice system, ultimately God’s judgment is the one that counts.
The second scripture that was related to this was that of James 4:12 “There is only one
Lawgiver and Judge, the one who is able to save and destroy. But you—who are you to judge
your neighbor?” This is pertinent because looking at the criminal justice system from a Christian
stand point we often cast judgment on those who have been suspected of committing a crime,
more so if they are actually indicted for the crime. In looking at this scripture we are reminded
that despite people’s actions we serve a god who not only forgives but also is the only one who
should be able to judge others.
Conclusion
In conclusion, naturally there are going to be complaints about some aspect of criminal
justice no matter how minor or complex the complaint may be. It appears to that in comparison
to the United States, England has a fairly organized and fair criminal justice system in that they
allow for the case to be heard in the courts, and even to be appealed if an individual were to feel
that the right decision was not made.
It could be suggested that there can be improvements within the system by offering more
complex training to magistrates, addressing the issue of overcrowding in the legal system, and
approaching imprisonment with a more rehabilitative ambition. Overall, England, like anywhere
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else in the world is just another place on the map, working daily to develop a system that works
efficiently and maintains the peace in communities.
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References
Bailey, V. (2012). Keith Laybourn and DavidTaylor. Policing in England and Wales, 1918–39:
The Fed, flying squads, and forensics. The American Historical Review, 117(4), 1300-
1301. https://doi.org/10.1093/ahr/117.4.1300
Casciani, D. (2021, July 21). Judicial review: Plan to reform scrutiny by courts revealed. BBC
News. https://www.bbc.com/news/uk-57909168
Courts and Tribunal Judiciary. (2022, September 1). Structure of the courts & tribunals system.
Courts and Tribunals Judiciary. https://www.judiciary.uk/about-the-judiciary/our-justice-
system/court-structure/
MacDonald, M. (2018). Overcrowding and its impact on prison conditions and
health. International Journal of Prisoner Health, 14(2), 65-
68. https://doi.org/10.1108/ijph-04-2018-0014
Roberts, J. V., & Hough, M. (2005). The state of the prisons: Exploring public knowledge and
opinion. The Howard Journal of Criminal Justice, 44(3), 286-
306. https://doi.org/10.1111/j.1468-2311.2005.00373.x
Statute Law Database. (2014). Human Rights Act 1998.
Legislation.gov.uk. https://www.legislation.gov.uk/ukpga/1998/42/schedule/1
Terrill, R. J. (2016). World criminal justice systems: A comparative survey (9th ed.). Routledge.
Uk, C. (2008). The holy Bible. HarperCollins.
United States Department of State. (2022, June 2). U.S. relations with United
Kingdom. https://www.state.gov/u-s-relations-with-united-kingdom/
Yarwood, D. J. (2013, September). Men and Women and the Criminal Justice System. Retrieved
November 01, 2020, from Parity: http://www.parity
uk.org/Briefing/MenandWomenandtheCJSfComplete.pdf
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