News

New report on the UK criminal justice systems

Wednesday, 10 August 2022

The latest report from the Centre for Crime and Justice Studies is the essential guide to the main criminal justice agencies across the UK.

Co-authored by two of the most seasoned criminal justice analysts around – Richard Garside and Dr Roger Grimshaw – Criminal justice systems in the UK sheds light on the inner workings of the police, prosecution services, courts and prisons.

Criminal justice systems in the UK also describes how these powerful institutions came about, the systems for holding them to account, and offers case studies of how citizen activists have sought to influence and challenge them.

Structure of the report

Criminal justice systems in the UK is divided into four main chapters, each one covering a key criminal justice agency: police, prosecution, courts, and prisons.

There is no single criminal justice system across the United Kingdom. Three, distinct set of arrangements operate in Scotland, Northern Ireland, and in the combined jurisdiction of England and Wales. Criminal justice systems in the UK examines the different police, prosecution, court and prison arrangements across these three criminal justice jurisdictions.

Each chapter covers four main themes:

  • Governance: how the police, prosecution, courts and prisons are organised; who they  are formally accountable to.
  • Inspection: the official mechanisms for monitoring standards, identifying problems and recommending improvements.
  • Complaints: the official mechanisms through which citizens can seek redress.
  • Civil society: how citizens work collectively to challenge criminal justice agencies and demand change.

Alongside detailed description of formal arrangements, Criminal justice systems in the UK also includes a number of case study examples, illustrating how agencies work in practice and how change happens.

Speaking today, Dr Roger Grimshaw, Research Director at the Centre for Crime and Justice Studies and one of the report co-authors, said:

Who takes responsibility for what aspect of criminal justice? How did current systems develop? What part can citizens play? Whether seeking change or accounting for the status quo, readers of our report can gain a comprehensive viewpoint, as we pursue these questions right across the diverse jurisdictions of the UK.

Richard Garside, Director of the Centre for Crime and Justice Studies and the other report co-author, said:

Criminal justice systems in the UK builds on our track record of doing deep dives into the UK's criminal justice arrangements. It offers an essential reference point for anyone who wants to understand the complex mix of overlapping criminal justice agencies and institutions that make up the UK's different criminal justice jurisdictions.

No-one can be an expert on every detail of the UK criminal justice systems. We're really keen for those with a detailed depth knowledge of the agencies we cover in this report to get in touch with us to help refine the analysis in this report.

Key messages

  • No gold standard
    There is no ‘gold standard’ arrangement for the police, prosecution, courts and prison systems in the UK. The diverse UK criminal justice arrangements, the result of distinctive histories, cultures and politics, offer a variety of operational and reform options.
  • How change happens
    Criminal justice structures and arrangements typically change slowly over time. Quicker and more radical change can happen at critical junctures, where political, social and cultural changes align. Criminal justice institutions tend to reflect the balance of forces in the societies in which they operate, with major changes influenced by broader political and socio-economic dynamics.
  • Inspection
    Most UK criminal justice institutions face regular scrutiny by independent inspectorates. Responsibility for implementation of inspection recommendations rests with inspected bodies and the government. Effective, independent inspection, informed by national and international protocols and principles, is a key feature of UK criminal justice institutions.
  • Complaints
    Most of the UK criminal justice institutions administer formal complaints mechanisms, underpinned by external review and appeal. The specific configuration of these mechanisms vary by jurisdiction and institution. Independent, formal complaints mechanisms foster legitimacy and accountability. Procedural justice – the sense that a complaint has been properly handled – is as important as the outcome.
  • Civil society
    Beyond the formal mechanisms of inspection and complaints, a diverse and varied set of civil society groupings and institutions offer important channels for challenge, accountability and citizen engagement. Civil society institutions play a vital role in ensuring independent monitoring and accountability, and mediating the shifting relationships between the justice system and the public.
  • International standards
    UK criminal justice agencies are engaged in international systems that review and assess their practices against internationally agreed standards. In order to effect change, international standards need to be embraced by governments, oversight bodies and civil society.
  • Police
    UK police arrangements comprise a complex network of territorial and specialist forces. Under the centrifugal forces of devolution, divergent organisational patterns have emerged over recent years. As the largest of the criminal justice agencies, the UK police forces have considerable power and influence within society, which requires fair and effective oversight and accountability mechanisms.
  • Prosecution
    Prosecution services offer an impartial legal and institutional filter for the collection and presentation of evidence in cases before the criminal courts. Independent public prosecution arrangements play an important role in underpinning the legitimacy of the criminal justice system, embodying the principle that prosecutions should be neither oppressive nor tokenistic.
  • Courts
    The criminal courts and criminal process are a relatively small part of much larger court system. The independence of the court system from direct political interference has been a cardinal principle of the UK justice system and is an important national and international standard.
  • Prisons
    The prison systems across the UK organise their populations according to sex, age and security classification. Most prisons are in the public sector, with private prisons representing a small, though by international standards high, proportion of all prisons. Given their closed nature, effective inspection and monitoring, and appropriate training and investment in staff, are critical for the safe running of prisons.

Background to the report

Criminal justice systems in the UK came about as a result of a commission by the former Department for International Development, subsequently incorporated as the Foreign Commonwealth and Development Office, which provided funding and critical challenge. Further contributions to the authors' thinking were made by expert consultants who brought a range of perspectives to the topics: historical, sociological and international.