Rapid Response To The “Far Right” Riots And The Impact On An Already Under Pressure Judicial System
In the wake of the awful tragedy that befell the community of Southport following the brutal murders of three young girls on 29 July, the UK has seen some of the worst scenes of civil unrest since the UK riots of 2011. In order to stop the unrest the government and judiciary are acting swiftly to prosecute those involved using rapid response measures resulting in hundreds of arrests and prosecutions with many more promised to follow. There is no doubt that this deterrent approach has led to a stark reduction in the violence and unrest, however, what impact will this have on an already under pressure criminal justice system.
What rapid response measures have been used?
Fast-track proceedings
Criminal proceedings are being fast-tracked so that defendants are being brought before the courts far more quickly than usual. The most common offences we have seen people being charged with are those under the Public Order Act 1986. Enacted by the Thatcher government in the 1980s in the wake of the miners’ strike, the Public Order Act brought into force a number of offences designed at tackling mass unrest and public disorder. The Act covers offences ranging from the most serious such as riot and violent disorder to less serious offences such as threatening words and behaviour and disorderly conduct.
Following the unrest this summer the most common offences we have seen people charged with are violent disorder and affray. Typically when a person is charged with offences of this nature they will first appear in the magistrates’ court for a preliminary hearing and then, if the matter is deemed serious enough, a hearing at least 28 days later will be scheduled before the Crown Court. However, under the current fast track initiative we have seen defendants appear in the Crown Court only days after the first hearing in the Magistrates’ Court, with many cases being concluded within a week and in some cases defendants even being charged, convicted and sentenced within 72 hours.
Immediate custodial sentences
The most serious offence we have seen people being prosecuted for is violent disorder. This offence occurs when three or more people are together and use or threaten unlawful violence, and their behaviour would cause a reasonable person to fear for their safety. The maximum sentence for this offence is 5 years imprisonment. We have also seen people charged with the lesser offence of affray which occurs when two or more people together use or threaten unlawful violence. The maximum sentence for affray is 3 years imprisonment.
When a defendant is convicted of a serious Public Order Act offence and the court is considering a prison sentence, the usual process is that the case will be adjourned in order for more information to be obtained about the defendant, especially if for example the defendant is someone without significant previous convictions or is a young person. The information would be sought to assist the court in the sentencing exercise in order to ensure that all appropriate sentencing options (including non-custodial) could be considered. Information would usually include reports prepared by the Probation Service, the Youth Offending Service or by medical professionals. However, what we have seen under the fast track initiative is that defendants are being sentenced without any such information being obtained and in the vast majority of cases they have been sentenced to immediate terms of imprisonment. The sentences imposed have typically ranged from 12 months to 3 years imprisonment. This has even been the case where a defendant has no previous convictions at all or is a child.
Remands into custody
When a person is charged with a serious offence the matter of bail is considered by the court i.e. whether or not the person should be released into the community or remanded into custody pending the outcome of the proceedings. The question of bail will be considered when a person has pleaded guilty to an offence and is awaiting sentence or when they have pleaded not guilty and are awaiting trial. It is a longstanding legal principle that there is a presumption towards bail when someone pleads not guilty. This is an assumption that a person should be entitled to their freedom pending the conclusion of the proceedings against them, particularly if they have pleaded not guilty to a charge and are awaiting trial. This will usually always be the case unless it can be shown that there are significant risk factors that warrant the person being remanded into custody. Even if a guilty plea is entered, while there is no assumption they will be bailed, subject to risk factors they often are.
What we have seen in the vast majority of cases where people have been charged with offences resulting from the unrest is that the courts have refused bail in all but a very few instances. This has even been the case when defendants have pleaded not guilty to the charges they face and are awaiting trial. This has also been in cases with defendants who have no previous convictions and even in cases involving child defendants, with some defendants as young as 12 years-of-age being removed from their parents and remanded into local authority accommodation.
What is the impact on the criminal justice system?
Court backlogs
The cases from the unrest will add to an already significant backlog of crown court cases. In the aftermath of the Covid pandemic the crown courts in England and Wales are currently dealing with a backlog of cases estimated at 68,000. In cases where the defendants are on bail some trials have been waiting to be heard for over 4 years, as priority is given to the cases where the defendants are in custody awaiting trial. Cases from the unrest will cause further delays to justice, particularly as the vast majority of those awaiting trial have been remanded into custody and will have to be dealt with within a relatively short timeframe. This delay is not just impacting the victims of crime, but also the innocent who are waiting to clear their names.
Prisons at capacity
Immediate prison sentences and remands into custody as a result of the unrest have added to the overloading of prisons that are already at capacity. In July this year the Prison Governors’ Association warned that prisons in England and Wales are just days away from running out of cells. In recent weeks the government managed to scramble 500 new prison spaces, however, commentators point out that this measure is simply not enough to deal with increasing demand. The simple fact is prisons are in real danger of having no space for new inmates, with obvious risks to the public. With hundreds of new prisoners resulting from the unrest and more promised to follow, more prison spaces are required as a matter of urgency.
Pressure on policing
The police also face a challenge in dealing with the sheer volume of evidence that will have to be examined from the unrest. Officers will have to trawl through phone evidence, tweets, CCTV footage etc. This work is time consuming and difficult to do especially with so many officers still being deployed on the streets as more unrest is forecast. This added to a growing police staffing crisis means resources are significantly reduced resulting in an inevitable adverse impact on tackling other criminality and effective policing in local communities.
Can anything be done to reduce the impact?
In the aftermath of the UK riots in August 2011 4,000 people were arrested within a month with over 1,400 people being imprisoned within two months. In order to facilitate this the courts operated through the night and over the weekend. The government has recently announced that similar measures could be introduced to deal with the recent unrest. Also, in the wake of the pandemic magistrates in the UK were given increased sentencing powers so that they could deal with more serious cases in order to free up time and space in the crown courts. These powers reverted back in March 2023, however, in the current situation this is something that could be reconsidered. And in relation to prison overcrowding the government is expanding the early release scheme that was originally launched in October 2013 whereby many prisoners are released much earlier into their sentences.
In summary, whilst these measures would address the immediate need to process the vast number of new cases and free-up prison space for new inmates, this would still have a significant knock-on effect for the rest of the criminal justice system. Since the riots in 2011 there have been significant cutbacks leading to 600 fewer police stations and hundreds fewer courts sitting. Also the number of solicitors practicing in criminal law has been reduced to its lowest number ever. The eventual arrest tally from this summer’s unrest could massively outnumber that during the 2011 riots, so it is inevitable that the added weight of the latest unrest will have an impact on the criminal justice system that will resonate for years or even decades to come.
If you or someone you know has been affected by the recent unrest and is facing criminal charges, it is crucial to seek legal advice from a qualified criminal defence solicitor. Contact our experts today for expert representation. Call 0330 822 3451 or request a callback.
