The Tory failure on criminal justice

Typical BBC.

People charged with possession with intent to supply (ie they are drug dealers) and they're making out the real harm is that they have university places on hold whilst the case goes through.

Seems legit.

Tell me - how quickly would you want a case like that to go through?

Alleged drug dealer, they are innocent until proven guilty. So innocent people are being penalised.

Within a year of the charge being brought.

Rape victims should not have to wait 3 years to give evidence in which memories fades and I am sure they would really like to be able to move on.

The standard of proof for possession with intent to supply is so high that anyone charged is essentially guilty. The loss of justice is that so many dealers are not charged due to this standard. The CPS will only charge if the case is 100% likely to be convicted - court is a formality.

Within a year would be nice, but sometimes that's not possible. It's not necessarily a matter of money. The more money you put into the criminal justice system, the more is wasted. Every single person arrested for every minor crime costs thousands - and most of the time they are released having wasted everyone's time and money and gotten away with whatever it is they have done.

Sexual offences are completely different. In the majority of cases, they are impossible to prove, which is why so few are charged. The reason there are the long waits are to go through every single procedure. In many cases, the cases are only brought due to political sensitivities (ie. it looks bad that so few are charged) but there is very little realistic prospect of a conviction. Hence, it takes ages to get everything together - because there simply isn't very much to the case.

The standard of proof for possession with intent to supply is so high that anyone charged is essentially guilty. The loss of justice is that so many dealers are not charged due to this standard. The CPS will only charge if the case is 100% likely to be convicted - court is a formality.

Sexual offences are completely different. In the majority of cases, they are impossible to prove, which is why so few are charged. The reason there are the long waits are to go through every single procedure. In many cases, the cases are only brought due to political sensitivities (ie. it looks bad that so few are charged) but there is very little realistic prospect of a conviction. Hence, it takes ages to get everything together - because there simply isn't very much to the case.

Defendants, victims and witnesses are being completely let by the criminal justice system thanks to huge delays in actually getting cases to courts. They are all waiting years before ever seeing the inside of a courtroom.

This is nothing to do with the pandemic and everything to do with the Tories refusal to fund the courts, probation and police.

https://www.bbc.co.uk/news/uk-54173891

The article fails to mention the magistrates case backlog which now sits at over 500,000 cases to be heard.

So what do you think the Government announced this week? Proper funding? Nope. They announced tougher sentencing, completely pointless if the alleged don't see a courtroom for years.

Since 2010 the Tories have closed and sold half all courts in the England and Wales.

Justice delayed is justice denied.

Out of interest have you ever read the books by 'The Secret Barrister'? He puts forward a rather damning indictment the Tories and the coalition cuts have had on the justice sector.

I haven't actually read either of their books because I know they will be utterly depressing and leave me even more disillusioned than when I started. I follow enough criminal barristers on Twitter to get a good insight in to the shambles of system in which they operate.

Not particularly, they will happily lay charges on you for that if you're just found with a 'large' amount. Say found with a hundred pills of MST's (or whatever for that matter) this hardly is proof positive of dealing as opposed to hoarding.
Equally the CPS does not only lay charges if the odds are guaranteed - that is just simply not true.



A touch awkward given the justice system is notionally independent from political pissing around.
As an aside on that though, the police are hardly blameless when it comes to the lackadaisical pressing of charges. There are innumerable cases of them simply sitting on their hands and allowing rapists to wonder around willynilly like Worboys.

I haven't actually read either of their books because I know they will be utterly depressing and leave me even more disillusioned than when I started. I follow enough criminal barristers on Twitter to get a good insight in to the shambles of system in which they operate.

I wouldn't bother. He's just another activist who has been utterly deranged by Brexit.

The CPS have been crystal clear -for drug dealers, quantity is not a determining factor in a PWITS charge - they want all the evidence wrapped up in a package for them beyond doubt. If someone is seen on the street passing a package to someone, then stopped and found with 10 bags of 3-5 on them - by any sane person's account - that's a PWITS charge all day long. But they want actual evidence of sale, which we won't go in to.

The idea that the justice system is independent from political control is utterly absurd. It's entirely dependent. Dawn Butler, case in point - thinking that if she has a tantrum for long enough, she can change policing.

Ah apologies i might be confusing the point with a police charge. That being said though i do stand by the point that the CPS will charge people on much less than a guarenteed conviction, if they only charged on that aspect they would rarely have anyone in the dock.

Indeed, despite it being nominal. It's rather a shame as politicians really have no business sticking their noses in the justice system. I'm not familiar with the Butler example i'm afraid, what did she do?

Indeed, despite it being nominal. It's rather a shame as politicians really have no business sticking their noses in the justice system. I'm not familiar with the Butler example i'm afraid, what did she do?