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England Criminal Justice System
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
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Abstract
Being a foreign person in England and going through the criminal court system brings a
number of obstacles. There are particular cultural and legal distinctions between the English
system of criminal justice and the American system of criminal justice, despite the fact that both
systems have overlapping commonalities. Because of these factors, the experience would be
more challenging for a non-native English speaker than it is for the someone who was born and
raised in the United Kingdom. However, the United States and the United Kingdom have a great
number of similarities, which has led to a criminal justice system that is more comparable to the
one in the United States than that of the majority of other nations. This is underscored by the
parallels in culture, politics, and morals that render the United States and the United Kingdom
identical in some areas. Specifically, these commonalities end up making the United States and
the United Kingdom comparable in certain aspects. The criminal justice system in England and
Wales is thoroughly investigated by contrasting such commonalities and incorporating a Biblical
perspective. The goal of this in-depth analysis is to gain a better understanding of what it would
be like for a non-native English speaker to go through the English criminal justice system.
Keywords: England criminal justice system, Parliament, Lords, Commons, UK
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England Criminal Justice System
England and the United States have many things in common, including the fact that
England served as the model for America's legal system while it was being developed. Which
may be observed in the approach it takes with people who are suspected of committing crimes or
who are accused of doing crimes. Both people and societies of the United States have numerous
similarities with England and Wales, and these similarities may be found in the culture of
England and Wales as well. The people of England work in an economy that is similar to that of
the United States, despite the fact that certain terminology and words are exclusive to each area
of the country. They also share a language. Capitalism and other westernized ideas that stress the
significance of competitiveness and materialism serve as the primary driving forces behind this
economy. Because of these parallels, England and the United States have a natural connection
that is, on the whole, rather favorable to one another. Lupton, Smallpage, and Enders (2020)
assert that the United States of America and the United Kingdom have common beliefs on a
concentrated core of politics, which helps to build a tight relationship between the residents of
both countries.
The foundation of the English government may be found in its long and illustrious past as
well as in the country's time-honored customs, but it also incorporates current perspectives on
pressing problems. dating all the way back to 1215 and the signing of the Magna Carta by King
John. Over the course of history, the contemporary government of England has developed to the
point where it now consists of a human rights act, a bill of rights, and a Parliament with three
distinct branches. The monarch, the House of Lords, and the House of Commons are the three
different branches of government in the United Kingdom. The term "monarch" refers to the
monarchy, which has a symbolic function in uniting the nation but, although maintaining some
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legal power, has played an increasingly subordinate role in recent decades as a result of the rise
of democratic governments (Terrill, 2016). Another institution that is gradually losing its power
is the House of Lords, which was once a part of the council that provided assistance to the early
English Rulers. The House of Lords served as the greatest rank of the court of appeals in the
United Kingdom up until 2009, and it was responsible for reviewing and amending any
legislation that was submitted inside this House of Commons (Terrill, 2016). The House of
Commons, which serves as the most significant component of Parliament, was established in the
13th century; nevertheless, it did not begin to assume its current position of prominence until
about the 18th century (Terrill, 2016). In a manner similar to that of the government in the
United States, it is composed of two parties. It operates with a government that is led by that of
the Prime Minister, who is regarded as the head of the political organization that gained the
majority of seats in the parliamentary election. In spite of the fact that the Prime Minister is more
of a political figure, he or she is often seen as the personal advisor to the king. Which is done at
the time when the crown is believed to serve as a figurative position that pays honor to the
history and honor of the citizens of England.
Because the monarch, House of Lords, and House of Commons collaborate in order to
create laws and carry out justice in England and Wales, the structure of the English and Welsh
government is intricately related to the country's criminal justice system. In 2007, the duty for
reforming the court system, criminal law, and imprisonment was given to the Ministry of Justice.
This obligation includes issues pertaining to prisons and probation. This change in the criminal
justice system in England from the 1980s and 1990s matches the similar change that took place
in the criminal justice system in the United States throughout the 1960s and 1970s (Terrill,
2016). Because of developments in law and increased engagement of the government, the
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educational system in England has emphasized the need of learning about the criminal justice
system.
Arson is a crime that may be committed in the United Kingdom if a fire is started on
purpose with the intent to inflict damage or destruction to property. If this occurs, the person who
committed the act can anticipate being prosecuted with the offence. Before 1971, the crime of
arson at the royal dockyards was seen to warrant the death sentence as a suitable punishment;
however, Parliament repealed this provision of the law in 1971 (Morgan & Rushton, 2015). A
frequent penalty for the crime of arson, which is defined as the intentional destruction or damage
of property by means of fire when no legitimate reason exists, is a monetary fine and a jail
sentence ranging from six months to one year on average (The Crown Prosecution Service,
2014). Arson may be charged without proof of intent to cause damage or destruction, while
aggravated criminal damage and arson need proof of purpose to cause damage or destruction, or
proof of recklessness notwithstanding the likelihood that property would be harmed or destroyed
(The Crown Prosecution Service, 2014). If the property that was damaged or destroyed belonged
to someone other than the individual or people who were responsible for the fire, then the
incident could not be labeled arson. Aggravated arson, on the other hand, would be regarded to
be a more serious kind of arson. In contrast, the act of setting fire to one's own property
constitutes the more serious offense of aggravated arson (The Crown Prosecution Service, 2014).
If another person's life was in risk because of the fire, then the individual who started the fire
might be prosecuted with aggravated arson. Also, whether purposefully or via irresponsible
action that would put another person's life in jeopardy and put that person's life in jeopardy.
There is a significant disparity between the punishments for arson and aggravated arson, with the
latter carrying a sentence of up to life imprisonment. (The Crown Prosecution Service, 2014).
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The crime of arson is one of a kind since it may be categorized as either a violent crime
or a property crime, depending on the circumstances. It depends on the amount of damage that
was caused as a consequence of the fire as well as the purpose of the person who was responsible
for setting the fire. According to a study that was conducted by Han, Bandyopadhyay, and
Bhattacharya (2013), law enforcement in England and Wales has, up until this point, been unable
to effectively prevent crimes that fall under the categories of property crimes or violent crimes.
This is despite the fact that efforts have been made to reduce the number of violent crimes that
occur. The public's opinion of those guilty for crimes, whether they be violent or just damaging
to property, is heavily influenced by this difference. The public's view of an accused criminal
may have a skewed and negative impact on a court case in the United Kingdom because of the
jury of peers system utilized there, as is the case in the United States.
The defendant's mental capacity and whether or not they are competent to stand trial for
the alleged offenses are issues that must be resolved throughout the criminal justice process in
the United Kingdom. Pathological fire-starters have been related to a number of psychiatric
diseases, not only pyromania, which is one of the most prevalent mental disorders connected
with arson (Lindberg, Holi, Tani, & Virkkunen; 2015). This is a perspective that has the potential
to have a significant impact on how a suspected arson defendant is treated by the criminal court
system in the United Kingdom. Arsonists are considerably more probable to have a previous past
experience with psychiatric therapy, according to the findings of another research carried out by
Long et al. (2014). Which could consist of a history of battling issues related to the use of
alcohol and other substances. There are situations that point to a relationship between abuse and
arson, despite the fact that many people who set fires do not seem to suffer with psychosis or
serious delusions of reality. Additionally, whether it be physical or mental, a desire to play with
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fire throughout childhood (Long et al., 2014). Research conducted by Devapriam et al., (2017)
discovered that in the county of Leicestershire, England, there existed a link between persons
who were investigated on accusations of arson and those who suffered from mental illness or
personality problems. Only one fifth of individuals who were investigated for perpetrating arson
have been handled by the English criminal justice system but also put to jail, according to the
group that was analyzed by Devapriam et al., (2017). The majority of the people in the research
group were committed to a mental health facility for a period of time, and only a small
percentage of individuals who participated were never charged with or otherwise dealt with for
the claimed crime they committed.
Legislation passed recently permits authorities to stop and search on reasonable cause
after they have grounds to think they have found and captured the culprit guilty for arson. The
Police and Criminal Evidence Act (1987), or PACE for short, was enacted by the British
Parliament to facilitate the work of law enforcement. Furthermore, PACE outlined a detailed
process for the issuance and execution of search warrants by law enforcement (Terrill, 2016).
Whether or not a warrant is present, English police officers may make an arrest. However, it
must be shown that if the suspect is not arrested, they will commit an arrestable crime.
It is permissible to search a suspect without obtaining agreement if the subject is first told
of the basis for their arrest, which must be done immediately upon their arrest. However, if there
is probable cause to suspect the person is in possession of anything that might be used to harm
themselves or others can this search be conducted. Aside from serving as an avenue of escape
from law enforcement. Searching a person before to detaining them is not uncommon practice. If
you haven't been charged, this may persist for 24 hours; if you have, it may go on for longer.
Two magistrates as well as a court clerk are needed for a detention hearing (Terrill, 2016), and
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evidence supporting the need to keep an individual in custody must be presented. When civilians
are questioned by the police about a suspect, they have the same constitutionally protected right
as their counterparts in the United States to maintain their right to silence. Once an individual has
been taken into custody, they have the right to tell a person of their own choosing to assume
control of their personal business as soon as the circumstances allow them to do so. Most people
would find this procedure unpleasant and arduous, but it's reasonable to assume that non-citizens
would have an even worse time of it. The time difference might make it difficult to get in touch
with a reliable individual inside the United States to manage personal problems. It is also
possible to have extramarital relationships in both one's own nation, like the United States, and
the country where the crime took place, like England. If you're a foreign national living in a
country with its own set of conventions, laws, and culture, you'll find it much more difficult to
delegate responsibilities there than it would be for a native English speaker.
A trial on indictment is the first stage of the English legal process. It takes place in a
Crown court and is analogous to a trial in the United States before a solitary presiding judge and
a jury of one's peers. Throughout the arraignment, the indictment is often read aloud, and the
accused is required to provide a response to the charge against them. The accused is typically
accompanied by legal representation during this process. In the event that the suspect enters a
guilty plea, the court will decide upon a sentence for a accused person to carry out. The trial will
proceed with the selecting of a jury in the event that the suspect enters a not guilty plea. This
comprises of twelve individuals who are citizens of the United Kingdom and registered to vote
there. This adds another hurdle for non-citizens, who may already be stigmatized due to their
criminal record in their host country. Those familiar with the American legal system will feel at
home with the English one. In which the jury hears the testimony of witnesses and the arguments
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of both the prosecution and the defense before reaching a decision. The judge is responsible for
maintaining order in the courtroom and assisting the jury in understanding the law before they
reach a verdict and sentencing. The judge works closely with the jury to accomplish these tasks.
The low number of convictions that result from court trials dealing with the allegation of arson
has been subject to criticism. According to the findings of a research that was conducted by
Alexander et al. (2015), just 47% of the people who were evaluated for their role in starting fires
were ever punished for arson. This is in spite of the fact that it was discovered that people who
intentionally set fires are much more likely to have a history of violent convictions than those
who do not intentionally set fires.
If a person is declared not guilty, their case is over in the English criminal court system,
and they are freed immediately. Once guilt has been established, the trial comes to a close with
the sentence phase. The commission of the offense of arson often results in a sentence of
incarceration in addition to the payment of penalties to compensate for the damages caused by
the fire. In terms of both their origins and the way for which institutions failed to offer
appropriate accommodations for convicts, the English penal system has a long and storied
tradition of being cruel and brutal. English jails suffered from overpopulation, poor sanitation,
and a shortage of food for many decades. Though advancements have been achieved,
overcrowding and lack of financing have remained serious problems in the prisons sector of the
English criminal justice system, mirroring comparable problems in the American prison system.
Two convicts at an English jail were deemed to be a risk to themselves after making several
suicide threats in 2018 and 2019. Both prisoners had committed suicide, despite their desperate
pleas for assistance (Allison, 2021). This highlighted the obvious need for enhancing the
treatment of mentally ill and suicidal convicts in English jails.
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Knowing whether or not there is sufficient evidence to press charges of severe arson,
which carries a maximum sentence of life in prison, is crucial when investigating arson incidents.
If a foreign citizen were to spend any amount of time in an English jail, that period would have a
significant influence on their experience there. If someone were to conduct serious arson and get
a sentence of life in jail for their crime, there is good reason to expect that their mental health
would deteriorate over time. According to Karamalidou (2017), in order for inmates to be able to
survive jail, they need to become reliant on dealing with their surroundings, which includes
positions of power and personnel. Those individuals who have been given a sentence that
requires them to spend the rest of their life incarcerated can see this as a concept that is
completely devoid of any possibility of redemption.
Comparatively speaking, the efficacy of the judicial system in the United States and that
of the justice system in England are quite similar. In general, it is more successful than it is not;
but, to argue that it is without flaws would be misleading, since every nation attempts to
administer justice in a way that is free from error. The efficacy of the American and British legal
systems are comparable because of the many ways in which they are similar. There is no ill will
between both the United States and England, therefore an American criminal may expect a more
sympathetic hearing in England. In contrast to a number of other nations with whom the United
States is traditionally at odds, England, while being a foreign country, has many similarities with
the United States in terms of both priorities and culture. Arson is typically accompanied by
mental health issues, therefore Americans may benefit from the English criminal justice system.
According to studies, many arson suspects aren't convicted, prosecuted, or punished. This may
point to a flawed legal system or insufficient evidence to successfully apprehend arsonists. So, if
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you're a foreigner facing criminal charges in England, like arson, you won't have as much
problems as you could in other nations.
Biblical Worldview
There are a number of passages in the Bible that make reference to the idea that
individuals who endanger peace should be subjected to justice. Like Isaiah 1:17 (NIV, 2011), that
enjoins us to pursue justice by putting an end to injustice and assisting people who are in need of
justice. Also, Amos 5:24 (NIV, 2011), that provides a metaphor for justice, which may be
compared to the way water moves along a stream of righteousness. These scriptures, along with
many others, make it very apparent that in order for a person to be forgiven of their sins, they
must first acknowledge their wrongdoing and express regret for their actions. The Bible has
several passages in which fire is used as a metaphor for either the Holiness of the Lord or the
sinfulness of those who commit the crime of arson, which involves real flames. “There the angel
of the Lord appeared to him in flames of fire from within a bush. Moses saw that though the bush
was on fire it did not burn up” (Exodos 3:2, NIV, 2011). It can also bee seen in Hebrew 12:29
(NIV, 2011), as in this passage, God is portrayed as an all-consuming fire, which is meant to
convey the idea that the Lord has a vastness and power that is comparable to that of an actual
fire.
Conclusion
According to the findings of an investigation into the legal process in England and Wales
pertaining to the crime of arson, the Holy Bible exhibits some of the characteristics of an
influential text. The desire to provide justice and to punish any wrongdoing by people who
commit arson may be observed as a recurring motif throughout the Bible, and this desire is
reflected in the criminal justice system's goal to award justice and to punish any wrongdoing. At
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the same time, there is opportunity for compassion for those individuals who perhaps did not
mean to harm or destroy property, or who were unaware that their actions would have such an
effect. In addition, compassion should be shown toward those who struggle with mental diseases
and who, as a result, may not be fully responsible for their acts.
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