England
Scenario Research Paper 1
Reverend Traci Lee Goebel
School of Criminal Justice, Liberty University
England
Scenario Research Paper 1
According to Terrill (2016), there are numerous issues and problems within the criminal
justice systems worldwide, however, utilizing the appropriate tools will enable us to better
analyze and understand how these issues and problems can be resolved (Terrill, 2016). Many
countries have built their own criminal justice, prison, and court systems that implement various
procedures for arrest, investigation, prosecution, sentencing, etc. These systems will possess both
similarities and differences in comparison to the criminal justice system that exists within the
United States. Particularly, England and the United States generally have differences in their
legal and correctional systems, as well as possess their own traditions and customs that are
followed with their criminal justice systems as a whole.
Case
While in England a group of friends decide to go out and have fun while spending their
evening at a local pub. While having drinks at the pub, a male approaches one of the ladies in
this group, and attempts to “pick her up” while out with his friends. She does not fall for his pick
up routine, and turns around and walks away from him. As she walks away he attempts to grab
her dress and pull it down, and with his other hand he grabs her butt, and then walks away
laughing with his buddies. The woman turns around and decides to hit the guy who touched her
without her permission, a fight breaks out between the groups, and the police are called, and
those involved in this fight are arrested.
After each person has been arrested, they are brought back to the local police department
for the booking process, being read their rights, and to be asked if they will consent to speaking
with the police about what happened. The woman who experienced unwanted sexual touching
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agreed to speak with the police, and her experience was positive, as she was only asked what had
happened and how what happened lead to a fight to break out. When the conversation was over,
she had her finger prints and photo taken, and she was placed into a holding cell. While the
process went smoothly, she still felt uncomfortable as she is only familiar with the process in the
U.S. where she is from, so she is uncertain as to what will take place next.
After a few hours officers come to her holding cell and begin the process of transferring her
to an actual jail, where she will stay until she is arraigned in court or seen before a judge. The
officers explain to her that once she is before a judge she will be offered the chance for a plea,
and for bail to be set. However, given the circumstances of what transpired, she, along with her
friends are ordered to stay in jail until their trial begins, as they chose to plea not guilty. And she
has nothing better to do in her cell than wonder how she will be treated in court and in jail should
she be found guilty.
Background
England is a country known to thrive in the professional fields of agriculture, fishing,
and oil. As a country, England has been called by different names, such as England, the United
Kingdom, and even Great Britain. This country has also made major contributions in the fields of
philosophy, literature, science, and the arts, which also lead to the country developing it’s own
common law and parliamentary democracy. However, England does not have a constitution
similar to the United States constitution, instead, they have what is known as the British
constitution. Generally, the British Constitution is not just a single document, it is a blend of
statutory law, tradition, and even precedence.
England’s constitution may share the term “constitution”, but it is different than the
U.S.’s constitution because many of the law included in the constitution are either based off
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parliament, or come from parliament. Secondly, like the United States, England also have
developed its own version of the Bill of Rights. In brief, the Bill of Rights came into creation in
1688, when the crown as being offered to William 111 and Mary the 11, as they were expected
to abide by the following principles:
“Parliament should meet frequently to redress grievances and pass legislation.
Members of Parliament should be elected freely.
Freedom of speech should be assured during the proceedings of Parliament.
The Crown cannot suspend or create law without the consent of Parliament.
Excessive bail or fines should not be imposed nor cruel and unusual punishments
permitted” (Terrill, 2016, pg. 21).
Following the development of the Bill of Rights, England than passed the Act of
Settlement of 1700, which was generally designed to help with the constitution of the country.
For example, this document was known to make it so the current monarch could only act through
parliament, and by parliament, making it so the monarch could not act on its own (Terrill, 2016.).
This demonstrates at England was entering into a period of both reform and change. Next, the
Human Rights Act was passed in 1998, and this act made it so that provisions of what is known
as the European Convention, can be dealt with inside the English courts. While this may not be
in the actual constitution, England is still held to this via international law (Terrill, 2016, pg. 21).
Regarding the impact of this on the citizens in England, it enables citizens to “initially
petition an English court to adjudicate allegations of various abuses associated with human
rights” (Terrill, 2016, pg. 22). This is significant as England’s government is operated by
Parliament, but also consists of the Monarch, the House of Lords, and the House of Commons.
However, while Parliament and the Monarch historically have held a great deal of symbolism
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and even power, that has come to a change in the modern times. For example, the monarch is
known to now just be a symbol of unity for England, while Parliament’s power continues to fade
due to England have a more democratic government (Terrill, 2016, pg. 23). The monarch can
call for electors, state who has won an election, and is an administrator for the government.
The House of Lords is a body that possesses multiple responsibilities. The House of
Lords is the body who receives, examines, and even revises legislation that has been brought
forth by the house of commons. The House of Lords also can delay legislation, which is a rather
strong power for them to possess. Whereas the House of Commons generally votes on legislative
bills, as well as discuss any pertinent issues and pending legislation before them. With the way
England’s government is built, their government appears to be more of a unitary structure.
In brief, a unitary government is defined as being a “system of government in which the
executive, legislative, and judicial powers of each state in a body of states are vested in a central
authority” (Unitary, Dictionary.com, 2023). The central authority within England is Parliament,
as the Prime Minister is known to be the head of the government overall.
Law Enforcement
England has multiple police departments, and all of these departments answer to
both local and national level authorities within the English government. The following graph
provided from Terrill (2016) help break down the police departments:
Table 1: Organization of the English Police
Home office
Office of Inspections of Constabulary Metropolitan Police Services
National Crime Agency City of London Police
Independent Police Complaints Commissions 41 Provincial Police Forces
England
(Terrill, 2016, p. 33).
In 1285, the Statue of Winchester was equally important than as it is now to policing in
England, as it helped form the basis for policing in all of England. Specifically, it established that
policing was the responsibility of both local communities and the central government (Terrill,
2016, p. 31). Secondly, in 1835, the Municipal Corporations act helped make it so that towns
could create their own police forces. And lastly, in 1839, the County Police Act allowed rural
areas to reform the police who were working in those areas at the time. However, in 2011, local
police forces began to have more control and authority when it comes to creating and
implementing crime control strategies (Terrill, 2016, p. 32).
England also has what is called the National Crime Victimization Survey, which assists
with collecting data. This type of survey generally collects information on trends in crimes, as
this information helps police identify what increases or reductions in crime have and/or are
occurring in their jurisdiction. With this structure, England demonstrates that is possesses
similarities with the U.S.’s police forces, as there are policy similarities, and financial support
similarities among this profession in both countries. Both countries police forces generally deal
with terrorism, immigration, narcotics, and even domestic violence on a rather disturbing,
reoccurring basis. On the other hand, both countries are experience police and even legislative
reform among the ranks of law enforcement due to community tensions and concerns that seem
to be on the rise and reoccurring.
One difference perhaps is that the police in the U.S. possess the knowledge and training
to handle situations where men and women experience unwanted sexual touching, whereas in
England, even in the modern times, England is still navigating how to both define and react to
unwanted sexual touching that many men and women often encounter when they are out in
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public and in areas where socialization occurs. Generally, unwanted sexual touching occurs at
places such as pubs, clubs, or any area where women go to after work to relax, have fun, and
relieve the stress from their workday. This type of socialization occurs in both countries daily but
unlike the U.S., England struggles with tackling this issue. According to Gunby et. al. (2020),
“unwanted sexual attention remains practically unexamined within the United Kingdom and
wider international literature” (pg. 24-25).
For example, police are unlikely able to respond to these situations unless the situation
escalates to involve physical or sexual assault. Confusion, lack of definition, and lack of the law
being able to navigate unwanted sexual touching, leaves this a difficult area for England and it’s
police. Also, according to Gunby et. al. (2020), “between 83 and 102 million women across 28
European Union member states report having experienced unwanted sexual behavior both within
and outside the work context” (pg. 27). The authors found the following statistics in their
research:
“75% of 153 19-to-29-year-olds have been touched or unrelentingly pursued when in bars
and clubs”.
“54% of women reported experiencing unwanted touching or comments, with half
identifying that such behaviors occurred every time or the majority of times they went
out”. (Gunby, et. al., 2020, pg. 27).
Therefore, a calling for reform in England seems to be a natural path that needs to be
followed and acted upon. Like how the U.S. has been working towards reform for police over the
last several years as well. Yet, in Terrill’s (2016) text, the author discusses how many citizens in
England would prefer that their police forces begin to mirror how the police forces in France are.
England’s reform generally began with creating community policing policies, improving their
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communication abilities, as well as their national security services that help protect the country
as well.
Courts
This next table will provide a visual breakdown of the court structures in England:
Table 2: Organization of the English Courts
Supreme Court of the United Kingdom
Court of Appeal
High Court
Chancery Division Queen’s Bench Division Family Division
County Courts Crown Courts
Magistrates’ Courts
Table 2’s graph helps one better understand how England’s court structure works. The three
higher level courts in England consist of the Supreme Court of the United Kingdom, Court of
Appeal, and the High Court. Next, we have the middle courts which consist of the Chancery
Division, Queen’s Branch Division, and the Family Division; which the smaller courts beneath
these courts consist of county, crown, and magistrates courts. While countries can share
similarities among legislation and policing regarding criminal acts, and even police procedures,
countries do vary in the structure and implementation of their various courts.
Similarities between England and the U.S. lay in the defendant’s ability to secure an
attorney or public defender, enter a plea, negotiate for bail, and also to choose whether they want
a jury or bench trial. England differs where cases in their magistrate courts can also be moved
into crown courts, and when this takes place, it often involves rather serious cases. Magistrate
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courts are referred to being inferior criminal courts while also having limited civil jurisdiction
(Terrill, 2016, pg. 62). Another difference between the U.S. and England is the concept that
magistrates in England are known to be volunteers, whereas judges in the U.S. receive salary and
benefits that are associated with their profession. We may learn about the country we intend to
vacation in prior, however, we will not know what will happen if we commit a crime there, and
that can cause confusion, worry, and even panic.
Criminal Procedure
Generally, criminal procedure is the terminology utilized when describing a person’s
journey throughout the criminal justice system, and perhaps, criminal court. Individuals often
encounter the police, being arrested, bail and arraignment, and the starting of a trial in the
beginning of this process. According to Terrill (2016), “the Royal Commission on Criminal
Procedure agreed with this position and offered a general recommendation that police powers be
codified” (pg. 73). This needed to happen because with the police powers being spread out
through different statues, there needs to be a clearer understanding of their powers and how their
powers could be acted upon.
Regarding the U.S., according to Luff (2017), this author discusses that at one point in
the history of the U.S., police forces didn’t even exist. This should be like England or any other
country, as many historically at some point had to develop police departments for one reason or
another. Through development, one difference is the Police and Criminal Evidence Act, which
allows police officers in England to both stop and speak with individuals in public if they meet
the criteria through the Pace Law (Terrill, 2016, pg. 74). This act was created to help clarify and
balance the powers that police officers have in England, alongside clarification for the rights of
citizens in England.
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According to a government website in England, the Pace Act is known to cover the
following regarding police:
“stop and search;
Arrest;
Detention;
Investigation;
Identification;
And interviewing detainees” (www.gov.uk, 2023).
However, similar to police in the U.S., the police in England will need to obtain a
warrant if they intend to act beyond what the Pace Act allows, such as for entering property,
searching, and seizure. The Pace Act does not make it so police can enter, search, and seizure
without a warrant. However, if an individual is in immediate danger, or serious property damage
is occurring, then police in England can enter, search, and seize without a warrant. For a warrant
to be approved, magistrates must determine if there are reasonable grounds that an offense was
committed, and that admissible evidence has also been found (Terrill, 2016, pg. 75).
Next, when an individual is arrested, they must be told they are under arrest, and the
reasons they are under arrest. An arrest in England means that the person can be searched after
the arrest has taken place, however, there must be a justification such as the person is an
immediate danger to him/herself or others, and/or there is evidence of a crime, or he/she
possesses knowledge of one (Terrill, 2016, pg. 76). Yet, when looking at domestic violence
throughout England, “only a third of what were logged on police systems as ‘incidents’ cross the
threshold to ‘crimed’ status, and that by the arrest stage, 64% of incidents had dropped out of the
formal criminal justice process” (McPhee, et. al., 2022, pg. 973).
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While this act may identify lines between rights of citizens and powers of police, clearly
England struggles with this balance, and with maintaining effective police policies and
procedures that help with this type of crime, and with other crimes. Which is similar to the U.S>,
as the U.S. is experiencing difficulty with policy, procedure, reform, and even maintaining the
rights of its citizens related to interactions with their criminal justice system. Detainment after
arrest, is similar between both countries, as both cannot hold an individual beyond 24 hours
without legal justification. Approval can been given if and when it presents itself, and that can
lead to an additional day or two of detainment. Another similarity is that when in detainment, the
individual being questioned can either choose to speak or choose not to speak to the police
interviewing them.
Lastly, while in custody, whether it be a local jail or a prison, individuals have the right
to make a phone call and notify someone of what has happened, just as they have the right to
speak with an attorney. Individuals will have the opportunity for bail in each country but
amounts and conditions of bail will vary; and if they cannot afford a lawyer, both countries have
policies where one can be appointed by the court.
Court Procedure
After experiencing the police department and criminal procedure, individuals will then
begin to experience the court system and process in England. Individuals will first face
indictment, which their trial will begin after this. When adults begin their trial in England, many
trials will be open to the public and the media. Where as in the U.S., many cases are open to the
public, however, cases involving adult or youth could result in a closed court where the media
and public cannot access the trial. Also, citizens in each country retain the right to represent
themselves.
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In the U.S., when an individual chooses to represent themselves, generally they can retain
or have an attorney assigned to provide them with legal knowledge or assistance in building their
defense and questioning. Where as in England, when an individual chooses to represent
themselves, “the judge assists the accused on legal points that arise during the court of the trial”
(Terrill, 2016, pg. 81). However, when representing themselves, they are not able to appeal their
case based on the argument that the police did not properly conduct their case and/or
investigation.
The next step is arraignment, where individuals are given the opportunity to enter their
plea related to the charges they are facing. If the individual does not choose to represent
themselves, then they move into the phase of a trial by jury, and having a jury selected for the
trial. Once a plea has been entered, and the trial has taken place, individuals in England than face
the sentencing phase, and appeals after their sentencing begins. According to Terrill (2016), “60
percent of the defendants in Crown court cases plead guilty, while 94 percent of the defendants
in magistrates’ courts do the same” (pg. 87). This seems to be a higher rate of pleading guilty, as
many in the U.S. do not plead guilty even if they are guilty.
Prison System
The Prison Act of 1877 made it so that England’s prisons went under the control of their
central government, as well as created a Board of Prison Commissioners (Terrill, 2016, pg. 93).
England has both closed and open prisons, just as the U.S. has local, county, and state jails and
prisons, and even a fair number of privatized prisons. Generally, open prisons came into
existence during the 20th century, and they are known to be more humane, have lesser
deprivations, and are more modest (Mjaland et. al., 2021, pg. 4). Alongside closed and open
prisons, England also has remand centers, local prisons, highly secure prisons, and what they call
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closed and open training institutions (Dammer, 2014, Chapter 9). Individuals will be sent to a
specific type of prison based off their sentence length and type and even offense type.
Local prisons in England are generally like those in the U.S., and these prisons house
individuals who are awaiting sentencing, or who are receiving very short sentences. Highly
secure prisons hold individuals that England classifies as dangerous inmates, which is similar to
the individuals who are housed in maximum secure prisons in the U.S. According to Jehle et. al.
(2021), a dangerous or high-risk offender in England is defined as being an individual who
presents a high probability to commit crimes, which may cause very serious personal, physical,
or psychological harm” (pg. 183). Additionally, a dangerous offender is also further described as
being dangerous if there “is a significant risk to members of the public of serious harm,
occasioned by the commission by him of further specified offences” (Jhele et. al., 2021, pg. 188).
Where as the opened and closed training centers are known to generally house those
serving eighteen months and up to four years, and the open and closed prisons generally house
younger defendants. However, England is known to have various issues within their prison
system, just as the U.S. is known for their own share of issues within their prison system as well.
One problem England faces and is like the U.S. is having their prisons overcrowded, the rise of
individuals being admitted to prisons, and the lack of programs that have been known to support
and help inmates. Just as there is a lack of oversight of the prison systems in both countries. With
a lack of oversight, inmates can generally bring in more contraband, have more control, and can
also lead to more possible corruption within the ranks of the correctional guards.
When you are an individual spending time waiting in a prison after being arrested for
committing a crime in a foreign countries, these issues within the prison system can make you
feel fear, uncertainty, and feel that you rights may not be abided by, or that you may be treated
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worse than you would in your own home country. However, according to Clinks (n.d.), prisons
in England have programs that help inmates with the following:
“Training.
Education.
Drug treatment” and even programs that assist with release and adjusting back into their
community. (Slide 13).
With lack of over sight, lack of supervision, and limited programs, the additional program
England’s prisons face is that similar to the issue with the court system, the magistrates being
volunteers can make people wonder how vulnerable the magistrates are to bribes, corruption, or
having their decisions influenced by others. Which in turn then means individuals could face
harsher sentences and consequences than they should, innocent people could be falsely
convicted, etc., the issues would only grow more and more. This vulnerability and these concerns
arise as the magistrates are volunteer, where as judges in the U.S. are actually paid.
While there are also concerns in the U.S. regarding bail, England also has the issue that
magistrates determine bail based off opinion of the reoffender, versus facts and statues. In the
modern times, it is suspicious that England would still allow magistrates to be volunteer, when it
would be more professional to make their positions formal, and with an attached salary.
Probation services share similar concerns, as England has been generally outsourcing their
probation programs and services, just about as much as they have their prisons. So when an
individual is facing charges in England and they are from another country, it is fair to state that
they face a great deal of uncertainty within the criminal justice system in England overall.
According to Robinson (2016), "there are multiple challenges that confront the d(evolving)
probation field in England and Wales” (pg. 176).
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Scenario
While having given a plea of not guilty and having to wait in prison during her trial since
bail was denied, this young woman who ended up hitting a man at the pub who committed
unwanted sexual contact and assaulted her, and she had hit back, will be experiencing a great
deal of uncertainty. She is likely trying to get extradition to be sent back to the U.S., as for what
she has heard from others waiting in the prison with her, the time she may serve will likely not
be a positive experience in an English prison. And in England is particular, “there is a strong
relationship between tourist resorts and crime, with resorts acting as crime hotspots, with higher-
than-average crime rates and particularly high rates at the peak of the tourism season” (Mawby
& Vakhitova, 2022, pg. 1).
Biblical Worldview
Micah 6:8, “He has shown you, O Mortal, what is good. And what does the Lord
require of you? To act justly and to love mercy and to walk humbly with your God” (New
International Version, 2011, pg. 801). When we look at the criminal justice system from a
Christian worldview, our system should be dedicated to achieving actual justice, and real justice.
This judgement should not be obtained through one’s opinion, one’s personal beliefs about a
person, nor through corruption, bribery, extortion, or even coercion. Isaiah 1:17, “Learn to do
right; seek justice. Defend the oppressed. Take up the cause of the fatherless; plead the case of
the widow” (NIV, 2011, pg. 586). Our systems fall short of this, as most of the time, we do not
see our systems learning to do right, to seek actual justice, no defending those who have been
oppressed, victimized, or falsely convicted when innocent.
And if the systems to rectify mistakes, false convictions, or even corruption, it is long
after all of these situations have taken place, and they are unable to give the years back that were
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taken from individuals. Zechariah 7:9-10, “This is what the Lord Almighty said: ‘Administer
true justice; show mercy and compassion to one another. Do not oppress the widow or fatherless,
the foreigner or the poor. Do not plot evil against each other” (NIV, 2011, pg. 817). No matter
one’s situation, we are capable of listening, of showing compassion and understanding, while
giving appropriate punishments that fit the actions that have been committed. But we fail in this,
just as our criminal justice systems seem to fail at this, no matter the country they reside in.
However, no scripture, and no law, no aspect of life guarantees that we will live life
without trials, suffering, difficulties, or even the act of making mistakes. We will all do this
throughout our life, experience this throughout our life; just as our criminal justice systems will
fail, succeed, need reform, and/or more backward or forward. James 1:2, “Consider it pure joy,
my brothers and sisters, whenever you face trials of many kinds, because you know that the
testing of your faith produces perseverance” (NIV, 2011, pg. 1043).
Isaiah 32:1, “See, a king will reign in righteousness and rulers will rule with justice” (NIV,
2011, pg. 612).
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