Criminal justice system in state of ‘slow-motion collapse’ – The Times

Report on the State of the UK Criminal Justice System and its Implications for Sustainable Development Goals

Executive Summary

An annual performance review by the Institute for Government (IfG) indicates that the United Kingdom’s criminal justice system is in a state of “slow-motion collapse.” The report highlights systemic failures across criminal courts, prisons, and probation services, which are unable to cope with current demand. These failings represent a significant challenge to the UK’s commitment to the Sustainable Development Goals (SDGs), particularly SDG 16, which aims to promote peace, justice, and strong institutions.

Systemic Failures and Contradiction of SDG 16: Peace, Justice and Strong Institutions

The crisis within the justice system directly undermines key targets of SDG 16. The core principles of providing access to justice for all and building effective, accountable institutions are under threat.

• Lack of Access to Justice (Target 16.3): The system’s capacity to deliver timely justice has severely degraded. The crown court backlog has nearly tripled since before the COVID-19 pandemic, and it takes an average of 6.5 months for a case to be closed in magistrates’ courts, two months longer than in 2010.
• Ineffective and Unaccountable Institutions (Target 16.6): A collapse in productivity is evident, with the report noting that 5,000 more crown court trials would have been completed last year if 2016 efficiency levels had been maintained. This inefficiency erodes public trust, with 16% of people reporting “no confidence” in local police, compared to only 4% who have “a lot of confidence.”

Prison Overcrowding and its Impact on Human Rights and Safety

The condition of the UK’s prisons is a critical concern, impacting human rights, health, and safety, which are integral to multiple SDGs, including SDG 3 (Good Health and Well-being) and SDG 11 (Sustainable Cities and Communities).

1. Critical Capacity Levels: Men’s prisons are operating at 98% capacity, a level that sustains high levels of violence and limits purposeful activity for inmates.
2. Unsafe Conditions: A quarter of all inmates are housed in cells that are considered a fire risk. These cells are scheduled to become unlawful for housing prisoners by 2027, which will intensify pressure on capacity.
3. Challenging Environment: The intense capacity pressure creates “challenging conditions for prisoners and staff,” undermining SDG 3’s goal of ensuring well-being and SDG 8’s objective of promoting safe working environments.

Government Interventions and Their Limited Efficacy

Government measures to alleviate pressure have proven to be temporary solutions with uncertain long-term effectiveness.

• Early-Release Measures: An emergency measure introduced to release prisoners after serving 40% of their sentence only reduced the prison population by 3.5% and bought approximately six months of relief.
• Unintended Consequences: This policy led to a 45% increase in individuals being recalled to prison for breaching release terms, suggesting a failure in effective rehabilitation and supervision, which are crucial for achieving the justice targets of SDG 16.
• Proposed Sentencing Reforms: A new bill aims to scrap custodial sentences of less than 12 months and allow release after serving one-third of a sentence. However, the IfG report expresses doubt that this will be sufficient, as its success depends on external factors like judicial discretion and the behaviour of prisoners in deteriorating conditions.

Disproportionate Impact on Vulnerable Groups and Setbacks for SDG 5: Gender Equality

The system’s collapse has a disproportionate impact on victims of crime, particularly in cases of sexual assault, undermining progress towards SDG 5.

• Failure to Protect Victims: The report highlights a collapse in services for victims of crime.
• Inadequate Support for Sexual Assault Victims: Concerns are particularly acute among victims of sexual assault. The effectiveness of justice is compromised by the fact that half of all roles in specialised rape and serious sexual offences police teams are filled by trainees. This lack of experience hinders the goal of eliminating violence against women and ensuring access to justice.

Conclusion and Recommendations

The findings indicate that the criminal justice system is “coming apart at the seams,” posing a direct threat to the rule of law and the achievement of the SDGs. To address this crisis, the report suggests a focus on foundational improvements.

1. Address Court Productivity: The government must urgently address the productivity crisis within the courts to ensure the delivery of timely justice, in line with SDG 16.3.
2. Ease Prison Pressure: Investment is required in effective supervision and rehabilitation programs, both inside and outside prison, to manage capacity sustainably and reduce recidivism.
3. Strengthen Institutional Capacity: Comprehensive action is needed to rebuild a resilient and effective justice system that can restore public confidence and uphold the principles of SDG 16.

Analysis of SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions

  This is the most prominent SDG related to the article. The text focuses entirely on the state of the criminal justice system, including courts, prisons, and probation services. It describes a system in “slow-motion collapse,” highlighting issues with institutional capacity, access to justice, and the safety and effectiveness of correctional facilities. The article discusses the failure of these institutions to cope with demand, leading to overcrowded prisons, court backlogs, and a lack of public confidence.

• SDG 5: Gender Equality

  The article connects to SDG 5 through its specific mention of victims of sexual assault. It points out that concern is “particularly acute among victims of sexual assault” and that the police teams dedicated to these crimes are under-resourced and inexperienced, with “Half of all roles in rape and serious sexual offences teams are filled by trainees.” This highlights a systemic failure to provide effective justice and support for victims of gender-based violence.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article directly addresses this target by describing significant barriers to accessing justice. The mention of a crown court backlog that has “almost tripled” and an average case time of 6.5 months in magistrates’ courts demonstrates a failure to provide timely justice.
  • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The report’s findings that the criminal justice system is “coming apart at the seams” and unable to “cope with demand” point to a lack of institutional effectiveness. The low public confidence in the police (“16 per cent of people saying they have ‘no confidence’ in the police”) is a clear indicator of a breakdown in accountability and public trust.

• SDG 5: Gender Equality

  • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres. While the article doesn’t discuss the prevention of violence, it highlights the justice system’s failure to respond effectively to it. The fact that specialized police units for rape and serious sexual offenses are staffed by a high proportion of trainees implies that victims are not receiving the expert handling their cases require, which undermines efforts to hold perpetrators accountable and eliminate such violence.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicators for SDG 16

  • Prison capacity rate: The article explicitly states that “Prisons are back at 98 per cent capacity” and men’s prisons are “operating at 98 per cent full.” This is a direct quantitative indicator of the strain on correctional institutions.
  • Unresolved case backlog: The statement that “The size of the crown court backlog has almost tripled since before the Covid pandemic” serves as a key indicator for measuring the efficiency and capacity of the judicial system under Target 16.3.
  • Average time to process cases: The article provides a specific metric: “It is takes 6.5 months on average from the moment a crime occurs to the case being closed in the magistrates’ courts,” which can be used to track progress on ensuring timely access to justice.
  • Public confidence in institutions: The statistic that “16 per cent of people saying they have ‘no confidence’ in the police” is a direct measure of public perception and trust in justice institutions, relevant to Target 16.6.
  • Recidivism/Recall Rate: The article mentions a “45 per cent rise in leavers being recalled to prison,” which is an indicator of the effectiveness of rehabilitation and probation services.
  • Violence in prisons: The mention of “high levels of violence” in prisons is a qualitative indicator of the safety and conditions within these institutions.

• Indicators for SDG 5

  • Proportion of specialized staff who are trained: The article implies an indicator for Target 5.2 by stating, “Half of all roles in rape and serious sexual offences teams are filled by trainees.” This percentage can be used to measure the capacity and expertise of the justice system to handle cases of violence against women.

4. Table of SDGs, Targets, and Indicators

Source: thetimes.com