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Is the UK's criminal justice system buckling under far-right unrest?

The UK’s criminal justice system faces unprecedented strain after widespread far-right riots across England and Northern Ireland, with police struggling to contain violence -

Aysu Bicer  | 16.08.2024 - Update : 16.08.2024
Is the UK's criminal justice system buckling under far-right unrest?

  • Courts and prisons, weakened by years of austerity, were overwhelmed by the surge in cases, leading to significant delays and overcrowding
  • Compared to earlier riots in 2011, the current unrest has a ‘more problematic motivation, especially since they were attacking people and mosques rather than just smashing windows,’ Hannah Quirk, a reader in criminal law at King’s College London, tells Anadolu

LONDON

The recent outbreak of far-right-inspired riots in towns and cities across England and Northern Ireland has brought the UK’s criminal justice system to a critical juncture.

While police have been central in responding to the unrest, mobilizing additional officers and making hundreds of arrests, the broader criminal justice system — including courts and prisons — finds itself woefully ill-equipped to handle the mounting pressures.

Since the riots erupted on July 30 in the wake of a deadly knife attack and a subsequent wave of misinformation, law enforcement officers have been at the forefront of efforts to restore order, with hundreds of arrests made in a bid to quell the violence.

Despite their best efforts, however, the unrest has not yet come to a complete end, highlighting the challenges posed by these far-right riots.

Unlike earlier riots in 2011, where the response was relatively swift, today's police force faces new and daunting challenges.

The sheer volume of digital evidence — from phone footage to social media activity — requires painstaking analysis. This task, essential for identifying and prosecuting offenders, is time-consuming and has slowed the arrest rate.

Hannah Quirk, a reader in criminal law at King’s College London, said of the pressure police face: “I doubt they planned it carefully. I think there may have been people stirring things up who thought it was a chance to put the system under more pressure because it has never been under such great strain.”

She highlighted that police were “desperately short-staffed” and that the influx of new, inexperienced officers had only exacerbated challenges.


- Courts and prisons overwhelmed and underprepared

The last sustained breakdown in public order in the UK occurred in August 2011, when several days of rioting left five people dead and caused millions of pounds in damage.

The justice system’s response was swift. Within nine days, over 3,000 people had been arrested, a figure that rose to nearly 4,000 by early September.

Courts operated around the clock and by mid-October, almost 2,000 individuals had appeared before a judge. Ultimately, over 1,400 people were sentenced to prison.

However, the situation today is markedly different.

According to an analysis by the Institute for Government, an independent London-based think tank, austerity measures over the subsequent decade led to significant system-wide cuts.

There are now far fewer criminal lawyers, judges, and magistrates, resulting in a significant reduction in the number of cases heard, particularly in the Crown Court, where the number of cases is down by a third compared to 2011.

The backlog has doubled to an equivalent of 95,000 cases when adjusted for complexity.

Despite new prisons opening, penitentiaries have fewer total spaces available, with an acute capacity crisis looming.

Labour, which took power earlier this year, has already been forced to announce expanded early releases to manage the overcrowding.

Cuts to prison officer numbers, though partially reversed, have left the remaining officers less experienced and less capable of maintaining security and safety in overcrowded jails.

Quirk elaborated on the dire state of the system, saying it is “under huge pressure.”

“The government has put resources in to deal with the immediate crisis. So, in terms of sentencing, guilty pleas will happen very quickly, and if you’re (in) a magistrate’s court case, you can be dealt with and sentenced on the same day.

“But when we get to having trials, that’s going to be a long wait. The more serious cases will have a long wait for trial, and that will add to the prison problem if they’re held in custody. So, it’s very difficult because there aren’t short-term solutions,” she said.

Risk of further riots

The UK’s government now also faces a significant challenge posed by the ongoing unrest.

According to the Institute for Government, the criminal justice system’s inability to process cases quickly could have serious consequences.

If rioters believe they can escape punishment — either because they are released on bail or because their cases take too long to come to trial — they may be emboldened to continue their activities or inspire others to join in.

Moreover, the explicitly racist nature of many of the recent incidents heightens the risk of further unrest.

A perceived lack of punishment could lead other groups to take to the streets, further stoking tensions.

The hope is that the severity of some of the sentences handed down so far, even if modest in number, will serve as a deterrent.

Quirk emphasized the gravity of the situation, saying that while these riots were more contained compared to 2011, they had a “more problematic motivation,

“Especially since they were attacking people and mosques, rather than just smashing windows. It was horrible and terrifying.”

The far-right riots have exposed the vulnerabilities of the UK’s criminal justice system, sapped gradually by years of spending cuts and now struggling to cope with an unprecedented crisis.

While police are doing their best under the circumstances, the broader system of courts, prisons, and legal professionals is overwhelmed.

The new government’s ability to manage the crisis will be a crucial test of its capacity to maintain order and uphold justice in a time of national distress.

The coming weeks and months will reveal whether the system can rise to the challenge or if further unrest will follow.

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