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Criminal Justice System of England
School of Criminal Justice, Liberty University
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Abstract
This report will describe England’s criminal justice system by describing a fictitious criminal
scenario. The scenario in this analysis will discuss a case that an American caught by the DUI
check point. The report will explain the scenario in more detail and conduct analysis on
England’s economy, social standings, criminal justice system, the standing with the United States
and the government structure.
Keywords: DUI,
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Country Analysis
Introduction
Located in the northwest of mainland Europe, the United Kingdom of Great Britain is a
country consisting of England, Scotland, and Wales. Among these three countries, England is the
largest and the most populous constituent and is considered one of the most influential cultural
centers in the world. Over time, England has been referred to as Great Britain or the United
Kingdom (UK). (Terrill, 2016) Geographically, England consists of central and southern two-
thirds of the island of Great Britain and offshore islands. England is located 24 miles, and the
Channel Tunnel directly links England to the European mainland. (Kellner,2022)People and
Society
According to the 2022 census, the United Kingdom's population was approximately 67
million. Of those people, 84.3%, approximately 56 million were living in England. (Central
Intelligence Agency, 2022) According to 2011 census data, 87% of people in the UK are White,
7.5% are Asians, followed by Black ethnic groups at 3.3%, Mixed/Multiple ethnic groups at
2.2%, and Other ethnic groups at 1.0%. (Gov.UK, n.d) The majority of the population lives in
large cities like London, Manchester, Liverpool, and Birmingham.
Christianity heavily influences England's culture. The Church of England played a big part in
everyday life of English people and significantly impacted England's society and culture.
England is considered one of the most influential centers of cultural development since it is the
origin of the English language. English primarily stemmed from Anglo-Saxons, but it is
considered polyglot since much of its vocabulary has been augmented by importations from
various countries. The English made significant contributions to science, philosophy, literature,
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and arts. However, most importantly, England created the common law and developed
parliamentary democracy. (Terrill, 2016)
Economy
The United Kingdom used to be an industrial and economic powerhouse during the 19th-
century Industry Revolution. (Terrill, 2015). However, after World War II, the United Kingdom
struggled to rebuild itself, but after joining the European Economic Community, now known as
European Union, United Kingdom’s economy grew significantly. (Kellner,2022)
Currently, the United Kingdom is a leading trading power and financial center. It is the third
largest economy in Europe after Germany and France. The United Kingdom also has large coal,
natural gas, and oil resources, and services, particularly banking, insurance, and business
services, are key drivers of British GDP growth. However, the economy started to slow down
since the referendum vote to leave the EU in June 2016. (Central Intelligence Agency, 2022)
Transnational Issues
The United Kingdom became a prime location for money laundering, human trafficking
drugs, and firearms. (National Crime Agency, 2022) The United Kingdom has become the
highest consumer and transit country for illicit drugs such as cocaine and heroin. The
transnational criminal organizations engage in domestic drug trafficking, financial crime, and
drug use, leading to serious violence. (Central Intelligence Agency, 2022)
United States-United Kingdom Relations
The United States and the United Kingdom established a diplomatic relationship in 1785
and have been close allies since then. The strong relationship between the two countries is based
on shared democratic ideals and values, which are reinforced through cooperation on political,
security, and economic issues. In addition, both countries continuously work together to combat
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terrorism and ensure regional security. The United States and the United Kingdom continue
strengthening their relations through educational, cultural, and professional exchange and
development opportunities.
The United States and the United Kingdom also belong to multiple international
organizations. Both countries are among the five permanent members of the UN Security
Council (P5) and are founding members of NATO. Additionally, the United Kingdom and the
United States belong to the Organization for Security and Cooperation in Europe (OSCE), G-20,
G-7, Organization for Economic Cooperation and Development (OECD), International Monetary
Fund (IMF), World Bank, and World Trade Organization. (United States Department of State,
2022)
Government Structure and its relationship to the criminal justice system
The United Kingdom’s government is a constitutional monarchy, meaning that a monarch
acts as the Head of State. However, it is a parliamentary democracy, where the Prime Minister is
the leader of Her Majesty’s Government and is ultimately responsible for all policy and
decisions. The justice system is one of the three branches of the state. These branches are
separate for checks and balances. (Courts and Tribunal Judiciary, n.d.)
The United Kingdom does not have a constitution contained in a written constitutional
instrument. Its constitution is to be found in the statutes passed by Parliament and in the common
law; the law developed over the centuries in the decisions of the courts. (Terrill, 2016) The
criminal justice system of the United Kingdom is the collective body responsible for
administrating justice in the United Kingdom. It consists of multiple institutions, including
police, the Crown Prosecution Service (CPS), Her Majesty’s Courts & Tribunals Service (the
courts), and Her Majesty’s Prison & Probation Service. There are 43 police forces across
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England and Wales responsible for the investigation of crime, collection of evidence, and the
arrest or detention of suspected offenders. Once the police file the case, the CPS provides legal
advice to the police and other investigative agencies during criminal investigations to decide
whether a suspect should face criminal charges following an investigation and conduct court
prosecutions. Once the CPS decides to prosecute, the Court will administer the criminal. (Crown
Prosecution Service, n.d.) Specific courts are dealing different types of cases. All criminal cases
will start in the magistrates’ court, but more serious criminal matters will be 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 Supreme Court. (Courts and Tribunal Judiciary, n.d.) Once the court judges,
the Prison and Probation Service will carry out sentences and rehabilitate people through
education and employment.
Crime Scenario
Background
David Smith traveled from Philadelphia, Pennsylvania, to Manchester to catch a
Manchester United Football game. David drank alcoholic drinks during the game, and after the
game, he went to a pub with other fans to celebrate the win. After heavy consumption of alcohol,
David decided to drive his rental car to his hotel. While driving back to the hotel, David drove on
the right side of the road, the wrong side of the road in England. Then he saw a DUI checkpoint
on his way to the hotel. A Metropolitan police officer waved down David’s car and had him
parked on the side of the road.
Arrest
After waving down David, a Metropolitan police officer approached the vehicle and
surveyed the area. The officer identified him as Officer Jackson and asked David for his driver's
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license, insurance certificate, and Ministry of Transportation (MOT) certificate. David handed
the office his Pennsylvania driver's license and passport. He told the officer that he was from the
United States and visiting the United Kingdom for the Manchester football game. Officer
Jackson asked David if he knew he was driving the wrong way. David answered that he came
from the United States and made a mistake. Officer Jackson then asked David if he drank
alcohol, but David did not answer. Finally, the officer stated that he smelled alcohol from David
and said he needed to conduct a breathalyzer and field sobriety test. David refused to take both
tests, and the officer asked if he had any reasonable excuse not to take the tests. David decided to
plead the 5th and refused the tests. Officer Jackson then tells David that under Section 6 of the
Road Traffic Act (1988), David shall cooperate with police and submit to any preliminary tests,
and he could be arrested. David again refused the test, and Officer Jackson placed David into
custody. Officer Jackson told Allen that he was not fit to drive due to his level of intoxication,
and to keep the citizens safe, he must place him under arrest.
Officer Jackson explained to David that he initially stopped him for breaking Rule 264 of
the Highway Code, which states drivers must remain in the left lane unless they pass another
vehicle. Since driving on the wrong side of the road is considered erratic driving, which gives a
police officer the authority to conduct a vehicle stop. Once Officer Jackson stopped the vehicle,
the officer smelt alcohol on David, so he was suspicious of David breaking Section 4 of the Road
Traffic Act (1988) "Motor vehicles: drink and drugs." This section states in subsection one, "A
person who, when driving or attempting to drive a mechanically propelled vehicle on a road or
other public place, is unfit to drive through drink or drugs is guilty of an offense." (UK
Legislation, n.d.) However, since David refused to take the preliminary test, Officer Jackson is
arresting David under The Road Traffic Act (1988) section 6 and 6a, which give police officers
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who are in uniform the authority to require drivers to submit to all roadway tests, including a
preliminary breath test. Failing to do so will result in the driver being arrested and the vehicle
being seized. (UK Legislation, n.d.) Office Jackson also explained that the legal alcohol limit in
the United Kingdom is 35 micrograms per 100 milliliters of breath, which is equivalent to a .08
BAC. (UK Legislation, n.d.)
Once he arrived at the police station, a custody officer at the police station explained that
David had the right to free legal advice, tell someone where David was located, seek medical if
needed, see the rules for police conduct, and see a written notice about his rights while in
custody, for example, regular breaks, meals, and an 8-hour break to sleep, if the suspect is in
custody for 24 hours or more. The custody officer also added, "You do not have to say anything.
But it may harm your defense if you do not mention when questioned something which you later
rely on in court. Anything you do say may be given in evidence." (Government Digital Service,
2015) Also, the officer explained that according to the Road Traffic Act (1988), police officers
have the authority to obtain a sample for testing without David's permission. With this
information, David complied and provided two samples resulting in alcohol levels twice the legal
limit of 35 micrograms per 100 milliliters of breath. Then the officer took fingerprints,
photographs, and DNA samples, consisting of a buccal sample and a swab of the surface of
David's hands. (Government Digital Service, 2015).
After completing the booking process, the officer explained to David that according to
section 10 of the Road Traffic Act (1988), the police have the authority to keep an intoxicated
person in custody until the blood alcohol level is lower than the legal limit. (UK Legislation,
n.d.) David acknowledged it and agreed to stay the night at the cell. After a few hours of sleep,
David received food from the police and took another breathalyzer, and his blood alcohol level
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was below the legal limit. The police gave David a court date and released him from the cell.
Judicial Process
The judicial process for a foreign national is the same as a resident in England.
Depending on the severity of the crime, the sentencing and which court the defendant report will
differ. All criminal cases will start in the magistrates’ court, but the more serious criminal matters
are committed 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 Supreme Court. (The Justice System and the
Constitution, n.d.)
In the case of driving under the influence, the case will be sent to magistrate court. The
charges can vary based on the severity of the crime. If a driver is charged for “Being in charge of
a vehicle while above the legal limit or unfit through drink,” the driver can get up to 3 months
imprisonment, up to a £2,500 fine, and a possible driving ban. If the defendant is being charged
with “Driving or attempting to drive while above the legal limit or unfit through drink,” they can
sentence to 6 months imprisonment, an unlimited fine, and a driving ban for at least one year (3
years if convicted twice in 10 years). Being charged with “Refusing to provide a specimen of
breath, blood or urine for analysis,” the defendant can get six months imprisonment, an unlimited
fine, and a ban from driving for at least one year. The most severe charge a person can get from
driving under the influence is “Causing death by careless driving when under the influence of
drink.” The defendant can be sentenced to 14 years imprisonment, an unlimited fine, a ban from
driving for at least two years, and an extended driving test before their license is returned.
(Government Digital Service, 2014)
In David’s case, most likely be sentenced with “Refusing to provide a specimen of
breath, blood or urine for analysis.” Which will result in up to 6 months imprisonment, an
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unlimited fine, and a driving ban for at least a year. Based on local Manchester news article, a
person was banned from driving for 20 months and fined £619 for driving under influence with
BAC twice over the legal limit. (Jarvis,2021) Because of COVID-19 and overpopulated prisons,
David will probably get away with paying a fine and banned from driving in the United
Kingdom for certain amount of time.
Conclusion and Analysis
Effectiveness of the Criminal Justice System
Effective justice systems are designed to protect the rights of all citizens against
infringement of the law by others, including by powerful parties and governments. Also, the
effectiveness may be perceived differently according to the different criminal justice agencies
such as police, courts, and prison system. A recent study shows an increase in recorded crime,
and the number of prosecutions has fallen. The Home Affairs Committee has noted that this trend
could risk "both a serious decrease in public safety and confidence in the police and the Crown
Prosecution Service." (Sturge & Lipscombe, 2020) In March 2019, 5.3 million crimes were
recorded by police in England and Wales, compared with 3.9 million in December 2011.
However, over the same period, the number of prosecutions brought by the CPS fell by 46%.
Some experts blame the budget cut of the Ministry of Justice (MOJ). In 2017, the Institute for
Fiscal Studies calculated that MOJ's 2019-2020 budget had been lowered approximately 25%
lower than the budget in 2010-2011. (Sturge & Lipscombe, 2020) Despite this setback, the WJP
Rule of Law Index rankings in 2020 ranked the United Kingdom in 13th place in the world. (The
World Justice Project, 2020)
Human Rights Perspective on how treated
From a humanity human rights perspective, this individual would be treated very well
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and with all the rights that any human being should get when charged with a crime and found
guilty of that crime. The CPS stated that they are "committed to upholding and protecting the
human rights and fundamental freedoms of everyone who comes into contact with the criminal
justice system, whether as a victim, witness or defendant." Also, the Code for Crown states,
"Prosecutors must apply the principles of the European Convention on Human Rights, in
accordance with the Human Rights Act 1998, at each stage of a case." (The Crown Prosecution
Service, 2019) Also, the police officers must provide the captive's rights and reason for the arrest,
and the criminals have opportunities to plead their case. The explanation of the crime they have
been charged with and their right to go along with a fair trial in front of a jury is a fundamental
human right, regardless of the severity of the crime.
Holy Bible and the United Kingdom Criminal Justice System
As mentioned in the country analysis, the United Kingdom was heavily impacted by
Christianity. Due to this influence, the criminal justice system reflects some aspects of the Holy
Bible. First, the United Kingdom's criminal justice does not discriminate against people by
status, gender, race, or age. The Bible also teaches that judgment should be fair and without
prejudice. The Bible states that "You shall not act dishonestly in rendering judgment. Show
neither partiality to the weak nor deference to the mighty but judge your neighbor justly."
(Leviticus 19:15, New American Bible Revised Edition) It also states, "In all the communities
which the Lord, your God, is giving you, you shall appoint judges and officials throughout your
tribes to administer true justice for the people. You must not distort justice: you shall not show
partiality; you shall not take a bribe, for a bribe blinds the eyes even of the wise and twists the
words even of the just. Justice, justice alone shall you pursue, so that you may live and possess
the land the Lord, your God, is giving you. (Deuteronomy 16:18-20, New American Bible
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Revised Edition) The United Kingdom protects the right to a fair trial by enforcing Article 6 of
the Human Right Act, which states, "the right to a fair trial is one of the rights protected by the
Human Rights Act." A fair trial means the defendant has the right to a hearing which is fair, open,
and heard by an independent and impartial court or tribunal. (The Crown Prosecution Service,
2019) Since the Bible heavily influenced the United Kingdom from the early stage of the
country, its justice system reflects the fairness in judgment aspect in the Bible well.
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