The BBC’s Panorama report this week exposed severe flaws in the criminal justice system. Revealing that across England and Wales half of all criminal cases brought to justice are punished out of court by way of cautions, warnings and fines.
The cost-cutting, fast-track justice scheme was initially implemented by Government as a way of dealing with prisons so full. As well as, relieving courts of minor cases, such as anti-social behaviour. However, in recent years concern has increased from critics and victims alike, who argue that rocketing numbers of cautions are being imposed by police as punishment for crimes of a serious nature, not the minor offences as originally intended.
Cautions are formal warnings, issued at the discretion of the police if the offender admits his guilt. However, the investigation by BBC’s Panorama discovered that many criminals involved in serious crimes are getting off lightly without prosecution from a high court. Furthermore, the report found that only half of those issued with the penalty notice actually pay to fine imposed. The director of Public Prosecutions Keir Starmer confirmed that anything above common assault should not be given conditional cautions. However results from 39 of the 41 forces revealed that almost 39,000 cases of actual bodily harm (ABH) resulted in a caution last year. A further 739 cases of the more serious offence of grievous bodily harm also resulted in cautions.
More worrying though, is that such lenient punishments are being distributed more regularly, with serious cases of burglary, child neglect, sexual assault and rape receiving just a caution in 2008. Defense lawyer Ian Kelcey said, “When you’re talking of cases of rape, assault on children, dwelling house burglaries being dealt with out of court, that is not appropriate, “That is merely an administrative convenience rather than an offence brought to justice.”
Lack of justice for victims has meant that the public are ultimately losing faith in the British Justice system. Lauren Smith, a 26-year-old flight attendant from Newcastle, was bitten and beaten up by a man she used to be friends with. He received a caution, despite a high court judge confirming he should have received at least a 30 month custodial sentence. Lauren was understandably furious, “he hasn’t just made a mockery of me, he’s made one of the entire Justice system”. With criminals virtually getting off scot-free for serious crimes, there is nothing to prevent repeat offending, and as a result crime rate in Britain on one of the highest.
In wake of the programme however, Jack Straw has issued a formal review of system in response to this report.
