Rough Justice

‘Tough on crime, tough on the causes of crime’ – this was Labour’s pledge in their 1997 election manifesto and it has remained at the very core of their rhetoric on crime and justice to this day.

But is this hard line stance reflected in practice?

The Government would be keen to assert the affirmative; citing record investment in policing, record numbers of police on the street and statistics declaring that overall, crime has fallen by a third since 1997.

However, in contrast to this highly polished portrayal as to the state of the criminal justice system in the UK, there is a growing body of evidence that suggests the ‘tough on crime’ stance has failed to become a reality.

Amid the evidence are accusations of a ‘caution culture’ that has come to dominate the criminal justice system. This, together with claims that fewer serial offenders are being jailed than ever before and accusations that Government targets are allowing criminals to escape justice are now threatening to undermine the entire system.

Earlier this year, the Ministry of Justice released statistics showing that the number of violent criminals receiving a caution has doubled in the past ten years.

The figures showed that that in 2007, 52,300 offenders in England and Wales received a caution for indictable offences of violence against the person, compared with 23,500 in 1998.

For men, cautions for violence increased from 18,400 in 1998 to 39,600 in 2007. For sexual offences the total was 1,700 in 1998, increasing to 1,900 in 2007.

Critics immediately pounced on the 122 per cent rise, claiming it underlined the failure of Government to live up to their claims.

Shadow home secretary Chris Grayling said: “These figures just underline the alarming degree to which the caution culture has built up under this Government.

“Far too many people commit serious offences and are getting away with little more than a slap on the wrist. It’s just not good enough.”

Meanwhile, further questions as to the integrity of the criminal justice system have been raised by the Institute for the Study of Civil Society (Civitas), which has found that more than half of all violent or repeat offenders are escaping a prison term.

The findings are part of a report in which the institute severely criticised the government’s claims to be tough on crime.

The think tank’s study showed that 60 per cent of offenders, who have been convicted on more than 15 previous occasions, are not sent to prison after being convicted of a serious, indictable offence in a Crown Court.

Using official Government figures, Civitas demonstrated how the number of robbers sent to prison has fallen from 72 per cent in 2002 to 54 per cent in 2007.

The report also found a big fall in the number of serious criminals who were jailed, down from 85,151 in 2002 to 74,037 in 2007. The number means just 24 per cent of all serious offenders were jailed.

If the same sentencing standards in 2002 had been applied five years later, an additional 10,000 criminals would have been in jail rather than being “free to endanger members of the public”, the report said.

The study also showed that fewer than 15 in every 100 criminals who are cautioned or convicted for a serious or indictable crime are given immediate custody.

David Green, director of Civitas, said: “The Government has predicted that crime will rise as a result of the recession, but on past performance increased unemployment will make only a small difference.

“Not many of the former employees of Woolworths, for example, are likely to become house burglars or car thieves.

“It is far more likely that the Government’s failure to imprison serious, violent and persistent offenders will be the direct cause of any increase.”

Similar sentiments have also been voiced by Police Federation vice chairman, Simon Reed. He recently accused the Crown Prosecution Service (CPS) of allowing serious offenders to avoid justice so that they can save money and meet Government targets.

Reed, together with senior officers, say they are becoming increasingly frustrated because prosecutors often downgrade the seriousness of offenders’ crimes or do not charge them at all.

They claim the CPS – which has been ordered by ministers to make savings of £69 million by 2011 – attempts to pervert many cases in a Crown Court, where barrister fees are more expensive.

The Police Federation vice-chairman said prosecutors are also trying to hit Whitehall targets for reducing the number of unsuccessful trials.

This means that criminals are often offered charges which they are more likely to accept rather than challenge in court, it is alleged.

Officers give the examples of actual bodily harm (ABH) being downgraded to assault, drug-dealing to possession of drugs, burglary to theft and mugging to theft from the person.

Mr Reed said: “We know there are people who are not being prosecuted when they could be. It leads to a lot of angst for the police. The criminal justice system is pulling in different directions.

“We see very few charges of ABH any more. They are prosecuted for common assault instead. It keeps the case away from Crown Court.

The Crown Prosecution Service has denied the claims, stating: “The CPS is not undercharging defendants in order to reduce ineffective trials or as a cost-cutting measure.

“Since the CPS assumed responsibility for charging decisions in all but minor offences, Crown Court cases have increased year on year from 95,000 to 102,000 whilst the conviction rate has increased from 74 per cent to 80 per cent.”

The Government has also defended its record.

A Ministry of Justice spokesman said: “Since 1997, crime has fallen by more than a third and those who commit crime now have a greater chance of being convicted.

“There will always be exceptional cases in which it would not be in the victim’s or public interest to prosecute, and a caution may be given in preference to no further action being taken.

“The decision whether to caution or prosecute an offender for an indictable-only offence will always be taken by the Crown Prosecution Service.”

And according to Simon Reed, this is part of the problem. He is keen to see the police regain the right to charge suspects themselves, following the Government’s decision to make this the responsibility of the CPS.

What’s more, CPS statistics highlighting increases in Crown Court cases and convictions are open to interpretation; do they support the Government’s assertions that they are in fact tough on crime, or are they merely a product of the pervasion of cases to secure higher conviction rates?

The answer may not be 100 per cent clear, but as far as Simon Reed is concerned, the affects of the Crown Prosecution Service’s strategy on the frontline is.

Reed says that the situation is making the police work harder, as criminals are back on the streets sooner: “The re-offending rates from criminals are 70 per cent, and that tells its own story. It is hugely frustrating for police officers.”